What Is the Procedure for Dealing With Court Judgements?


Quick Answer

The procedure for dealing with a lower court's judgment involves affirmation by the appeals court, thus ending the case, explains the American Bar Association. However, the losing party may appeal the case to a higher court if there's a legal basis, such as a particular material error during the trial. The appeals court may dismiss the appeal due to jurisdiction reasons, which means the judgment remains in effect.

Continue Reading
Related Videos

Full Answer

In the event of judgment reversal, the appellate court typically lets a lower court handle the case and requires the trial court to hold a new trial, modify or correct the judgment, examine further evidence, or reconsider the case based on the appellate court's decision, reports the American Bar Association. Despite the appeal by the losing party, the winning party in a civil case can still request execution of the trial court's judgment.

But if the losing party files an appeal or supersedeas bond, further enforcement of the judgment is halted due to the guarantee of payment by the appealing party or execution of the judgment if the appeal is not reversed, notes the American Bar Association. An appeal does not mean a new case trial and therefore does not involve new evidence or witnesses.

When it comes to a debt-related lawsuit, a judgment issued by a court against a borrower can make an old, uncollectible debt into a new, collectible debt, states About.com. The judgment enables the creditor to access the borrower's possessions, including his wages and bank accounts, to collect payment.

Learn more about Law

Related Questions