You may have encountered the term "appeal dismissed” while following a legal case or as a party involved in one. So, what does it mean when an appeal is dismissed, and why does it happen?
It’s time to explain the concept in layperson’s terms to help you understand what exactly takes place in a courtroom.
First, What Is an Appeal?
An appeal is when the loser of a case in the trial court petitions for the decision to be reviewed by a higher court. This person is known as the appellant. They are not asking to retry the case in full; they are often claiming that there was an error during the trial, for instance, an error in the application of the law or an error in the findings of fact.
The court that has the jurisdiction to hear the appeal (appellate court or Court of Appeal) examines the record of the trial and the arguments presented by the two sides. Next, they decide on whether to sustain, set aside, or modify the judgment of the trial court.
So, What Does “Appeal Dismissed” Actually Mean?
Dismissal of an appeal is when the higher court declines to review the appeal or refuses to alter the decision of the lower court. Simply put, the appellant’s application to set aside the decision was unsuccessful.
This is the last decision that can be made by this court, and in most cases, it means that the original verdict will still hold.
Why Would an Appeal Be Dismissed?
There are a number of reasons for which an appeal will be dismissed, and they can be grouped into two categories: procedural reasons and substantive reasons.
1. Procedural Dismissal
An appeal can be dismissed even before the court looks at the merits of the case. This can happen when:
- The appeal was made late (beyond the stipulated time frame).
- The court does not have jurisdiction to hear the case.
- The appellant did not comply with the set procedure and rules of the court.
The notice of appeal was improper in one way or another. In any event, if the documentation is incorrect or the rules are not followed, the court may well dismiss the appeal without a further thought.
2. Dismissed on the Merits
Other times, the court will have looked at the case and come to the conclusion that it has no valid grounds to proceed. This usually means:
- There was no flaw in the decision of the trial court.
- There was no sufficient proof to justify the setting aside of the decision.
- The appeal was baseless or abusive. In such cases, the court will state, "We have examined all the aspects and are in agreement with the decision of the lower court."
What is the Procedure After an Appeal Has Been Dismissed?
When an appeal is dismissed, the decision of the lower court is usually considered to be the last regarding that level of the legal process. In such cases, the appellant might have to accept the result of the trial unless they can have the appeal reheard by a higher court, such as the Supreme Court, which is not always possible. At times, a dismissal can be considered as the court's final decision. Sometimes, depending on the cause of dismissal, there may be other legal remedies, but it all depends on the case and the jurisdiction.
Final Thoughts
So, what does it mean when an appeal is dismissed? In basic terms, it means that the higher court has chosen not to alter the original decision. Whether it is due to late filing of the appeal, lack of sufficient legal arguments, or lack of sufficient proof, dismissal usually means that the case is closed for now.
It is always a good idea to seek the opinion of an attorney if you are on the receiving end of an appeal or if you are considering your legal rights. Legal procedures can be quite complicated, and getting the right information can be very crucial.
Navigating the legal system isn’t easy, but you don’t have to do it alone. If you're facing criminal charges and need a trusted criminal lawyer in Winnipeg, turn to Daniel A.Wolson. Our team is here to protect your rights, build a strong defence, and guide you through every step of the process, including filing an appeal if needed.
