New Hampshire Revised Statutes 279:16-a – Appeals
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Terms Used In New Hampshire Revised Statutes 279:16-a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: the labor commissioner. See New Hampshire Revised Statutes 279:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Statute: A law passed by a legislature.
Except as otherwise provided by statute, any party aggrieved by a written decision of the commissioner may appeal such decision to the superior court not later than 20 days from the date thereof by petition setting forth that the decision is erroneous, in whole or in part, and specifying the grounds upon which the decision is claimed to be in error. Upon the filing of an appeal, the commissioner shall transfer to the court the record of the proceeding or a certified copy thereof. The scope of review by the superior court shall be limited to questions of law; however, the court may consider newly discovered evidence. After hearing and upon consideration of the record, the court may affirm, vacate, or modify, in whole or in part, the decision of the commissioner or may remand the same to the commissioner for further findings. In the absence of a seasonable appeal, the decision and order shall be final.