How do appellate courts use written records from lower-court proceedings?

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Appellate courts utilize written records from lower-court proceedings in distinct ways depending on the legal system and the level of review.

In the most common form of appellate review at the highest levels—and in many common-law jurisdictions—the court relies solely on the written record of proceedings from the lower court. In this process:1

  • No New Evidence: The appellate court does not receive evidence directly, such as hearing from witnesses.12
  • Focus on Law: The court concentrates on identifying serious errors of law (both procedural and substantive) rather than re-examining questions of fact.12
  • Litigant Briefs: The court typically requests briefs from the litigants, which delineate their arguments regarding the legal issues and relevant precedents at stake.1
  • Goal of Review: The primary purpose is to determine if an error occurred that requires a reversal, modification, or a new trial, and to clarify the law through the creation of precedents.1

In other systems, particularly at intermediate levels in civil-law countries, the review may be based on a "dossier"—a record compiled below of evidence received and findings made—though the court retains the power to supplement this by taking additional evidence if necessary.1