Mississippi Petition for Review of Decision

State:
Mississippi
Control #:
MS-62813
Format:
Word
Instant download

Description

Mississippi model pleadings. Adapt to fit the specific facts of your case. Don't reinvent the wheel.

How to fill out Mississippi Petition For Review Of Decision?

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FAQ

The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent. The appeal is instituted with the filing of a notice of appeal.

After filing a petition for rehearing If the court does not act on the petition before the decision becomes final, the petition will be deemed denied "by operation of law" (automatically without an order of any kind from the court).

The judge made an error of law. The facts of the case and/or the evidence introduced in the trial court do not support the judge's decision. The judge abused his/her discretion

Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.

There are basically 3 stages to a civil appeal in Mississippi. First, you file your notice of appeal and other preliminary documents. Critically, you MUST file your notice of appeal within 30 days of the trial court's final judgment. In some cases, you should file a post-trial motion within 10 days of the judgment.

To appeal a Circuit Court decision, an appellant must file a Notice of Appeal in the Circuit Court, serve the other party, and pay the accompanying fee. (See the Revised Schedule of Circuit Court Charges, Costs and Fees.) The appellant must pay a filing fee to the Court of Special Appeals as well.

An appeal occurs when one party to a case asks a higher court to review the decision on a lower court, such as family court.When you appeal, the higher court reviews your entire case, meaning all of the documents and evidence presented to the family court. An appeal is not a re-do of your trial.

This appeal must be made within (15) days of the date of mailing of the notice demanding payment. Your request should be mailed to MDES, Appeals Department, P.O. Box 1699, Jackson, MS 39215-1699.

You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.

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Mississippi Petition for Review of Decision