Claim of Appeal to the Appellate Division - Rhode Island

Claim of Appeal to the Appellate Division is a legal document that was released by the Rhode Island Workers’ Compensation Court - a government authority operating within Rhode Island.

FAQ

Q: What is an appeal to the Appellate Division?A: An appeal to the Appellate Division is a request to have a higher court review a decision made by a lower court in Rhode Island.

Q: Which court hears appeals in Rhode Island?A: The Appellate Division is the court that hears appeals in Rhode Island.

Q: What can I appeal to the Appellate Division?A: You can appeal any final decision of the Superior Court or Family Court to the Appellate Division.

Q: How do I file an appeal to the Appellate Division?A: To file an appeal, you must complete a Claim of Appeal form and submit it to the Appellate Division with the required filing fee.

Q: What is the deadline to file an appeal?A: The deadline to file an appeal is 28 days from the entry of the final judgment or order you are appealing.

Q: What happens after I file an appeal?A: After you file an appeal, the opposing party will have an opportunity to respond, and the Appellate Division will review the case based on the written submissions and any oral arguments that may be scheduled.

Q: Can I present new evidence in the appeal?A: Generally, the Appellate Division only considers the evidence and arguments that were presented in the lower court. However, there are limited circumstances where new evidence may be allowed.

Q: What can I expect from the Appellate Division's decision?A: The Appellate Division can affirm, reverse, modify, or remand the decision of the lower court. Their decision is final, unless either party requests further review from the Rhode Island Supreme Court.

Q: Is it necessary to have a lawyer for an appeal?A: While it is not required to have a lawyer, it is highly recommended to seek legal representation for an appeal as the process can be complex and technical.

Q: How long does the appeal process take?A: The length of the appeal process can vary, but it generally takes several months to a year or more to receive a decision from the Appellate Division.