Legal Question in Civil Litigation in Virginia
Motions/Appeals
What is the basic difference between filing a motion for a new trial and an appeal? If a person is denied a motion for a new trial what are there chances of getting an appeal awarded? My inquiry relates to a civil equity case.
Asked on 6/13/09, 5:08 pm
2 Answers from Attorneys
Cary Moseley
Law Office of Cary Powell Moseley, PLLC
Re: Motions/Appeals
You would need an attorney to look at the case and advise you on this. Good luck.
Answered on 6/14/09, 12:26 am
Gary Mims
Sickels, Frei & Mims
Re: Motions/Appeals
A motion for a new trial is made before the same judge who tried the case. Such motion is rarely granted and it is not necessary for an appeal. An appeal (in a civil, non-divorce case)is to the Va. Supreme Court and is heard only if the Sup. Ct. grants your petition (meaning that they think the issue is worthy of their consideration).
Answered on 6/14/09, 6:40 am
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