Appeals An appeal is a proceeding by which a case is brought from a lower court to a higher court for rehearing or reconsideration after a judgment has been given by the lower court. The higher or appellate court may sustain, reverse or modify the decision.
Most appeals are limited to a review of the record from the lower court.
Parties cannot introduce new evidence, but are limited to what was said and introduced at the original trial. The appellate court reviews the lower court's application of the law to the facts as presented at the trial. Some appeals do allow for a new trial without reference to the evidence submitted in the original proceeding. Such an appeal results in a trial de novo , meaning a trial from the beginning. Appeals from small claims court result in a trial de novo in the Superior court.