Arizona Laws 12-2103. Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur
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A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion.
Terms Used In Arizona Laws 12-2103
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.
C. If three judges do not concur the action shall be reheard.