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Simple English definitions for legal terms
application for leave to appeal
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A quick definition of application for leave to appeal:
An application for leave to appeal is a request made to an appellate court asking them to hear an appeal from a judgment when the party has no automatic right to appeal or when the time limit for an automatic appeal has passed. The court has the power to decide whether or not to grant the request.
A more thorough explanation:
An application for leave to appeal is a request made to an appellate court by a party who does not have the automatic right to appeal a judgment or whose time limit for an appeal has expired. This motion asks the court to hear the party's appeal.
For example, if a defendant in a criminal case is found guilty and wants to appeal the verdict, they may need to file an application for leave to appeal if they do not have an automatic right to appeal. The appellate court will then decide whether to grant or reject the motion.
Another example could be a civil case where a plaintiff wants to appeal a decision made by a lower court. If the plaintiff's time limit for an appeal has expired, they may need to file an application for leave to appeal.
The examples illustrate how an application for leave to appeal is a request made to an appellate court when a party does not have an automatic right to appeal or when their time limit for an appeal has expired. The appellate court has the discretion to grant or reject the motion.