What Motion Do I File to Force an Appellate Court Decision to Be Reviewed Due to Misstated Facts in Case and How?

Question from Sweetie, What Motion Do I File to Force an Appellate Court Decision to Be Reviewed Due to Misstated Facts in Case and How?

Answer from AI:

If you believe that an appellate court decision contains misstated facts, you may have a few options to seek a review. The specific motion or procedure can vary depending on the jurisdiction and the court rules. Below are some general steps and options you might consider:

1. Motion for Rehearing or Reconsideration

A common method to address misstated facts in an appellate court decision is to file a Motion for Rehearing or Reconsideration. This motion asks the appellate court to review its decision due to errors, including misstated facts.

• Timing: Typically, you must file this motion within a short period after the decision is issued, often within 14 to 30 days. Check the specific rules of the appellate court in your jurisdiction.
• Content: Clearly state the misstated facts and provide evidence or references to the record that demonstrate the correct facts.
• Procedure: Follow the court’s rules for filing motions, including formatting, service on other parties, and any required fees.

2. Petition for Review or Certiorari

If the appellate court denies your motion for rehearing, you may seek further review by a higher court, such as the state supreme court or the U.S. Supreme Court, through a Petition for Review or Certiorari.

• Timing: Deadlines for filing these petitions are strict and vary by court. For example, a petition for certiorari to the U.S. Supreme Court must be filed within 90 days of the appellate court’s decision.
• Content: Argue why the higher court should review the case, focusing on the importance of the misstated facts and their impact on the decision.
• Procedure: Follow the specific rules and guidelines of the higher court, which may include detailed briefs and appendices.

3. En Banc Review

In some appellate courts, you can request an en banc review, where all the judges of the court, rather than a panel, review the decision.

• Timing: This request must usually be made shortly after the panel’s decision, often within 14 days.
• Content: Explain why the case is of exceptional importance or why the panel’s decision conflicts with precedent.
• Procedure: Follow the court’s specific rules for en banc petitions.

4. Legal Advice and Resources

Given the complexity and strict procedural requirements of these motions and petitions, it is crucial to consult with a legal professional. An attorney can provide personalized advice and ensure that you meet all deadlines and procedural requirements.

Self-Help Resources

For those seeking more information, consider the following resources:

1. Federal Rules of Appellate Procedure – Provides detailed rules for federal appellate courts.
2. U.S. Supreme Court Rules – Offers guidelines for filing petitions for certiorari.
3. State court websites – Many state courts provide online resources and guides for filing motions and petitions.

Conclusion

Filing a motion to review an appellate court decision due to misstated facts involves specific procedures and strict deadlines. It is essential to understand the rules of the court and to provide clear, compelling evidence of the misstated facts. Consulting with a legal professional is highly recommended to navigate this complex process effectively.