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What is a discretionary review?

On Behalf of | Jul 28, 2023 | CRIMINAL LAW - Criminal Appeals

The appellate process could be confusing, especially for individuals with no legal background. Nevertheless, the first step is filing a notice of appeal, including the written judgment and other necessary details. However, the appealing party must meet additional requirements to proceed, including procedures concerning the discretionary review.

A discretionary review allows the appellate court to determine which appeals to consider from all the submissions. This step helps filter out requests, helping them decide what to do next. The party must also submit a notice for discretionary review within 30 days after finalizing the trial court’s decision. Like appeal notices, it has accompanying fees and paperwork based on the trial court cases for review.

This notice should contain details of the party requesting review, the part in question, and the appellate court’s name. Sometimes, it could also indicate the district or municipal court if needed.

The party should then file a motion for discretionary review within 15 days of filing the notice. If accepted, the court will grant the action by sending a written document from the appellate court’s clerk.

A motion for discretionary review contains other essential details, including statements about the action, type of relief sought, copies of relevant records, grounds, supporting arguments and additional information. Still, these procedures could have varied requirements based on vital factors, such as the case details.

Navigating the appeals process

Going to the appellate court to raise a trial court decision issue could be challenging. Despite mapping out the primary procedures, they could have variations due to the circumstances, making the process difficult. Even these initial steps could be complex, considering the situation. Seeking dependable legal counsel could be crucial to get reliable advice and address problems if they arise.