Whether the striking out of an Appeal is final?
Asked by Salima Bala
Answers (1)
Team @judy.legal
Jan 27 2023
The striking out of an appeal typically means that the appeal has been dismissed and is no longer valid. It is generally considered a final decision, and the parties involved do not have the right to appeal the striking out of the appeal. However, in some cases, the court may allow for the appeal to be re-filed under certain conditions.
The specific conditions under which an appeal may be re-filed after it has been struck out will vary depending on the jurisdiction and the circumstances of the case. However, some common examples of conditions that may allow for an appeal to be re-filed include:
-- The appellant showing that they have new evidence that was not available at the time the original appeal was filed
-- The appellant demonstrating that they were not able to file the appeal on time due to extenuating circumstances, such as illness or financial hardship.
-- The appellant showing that the striking out of the appeal was the result of a procedural error or mistake.
It's important to note that the rules regarding the re-filing of appeals can vary greatly between jurisdictions and in general, the court will consider the facts and circumstances of the case and the merits of the appellant's argument before deciding whether or not to allow the appeal to be re-filed.
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