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Litigation - Appeals - General Questions

  Page 27 of 35

Does an appeal in federal court involve a new trial?
No. The Court of Appeals decides the case on the basis of the "record" in the United States District Court. It does not consider new evidence, and though the courts schedule oral argument in most cases, circuit courts in some circuits do deny oral argument in some cases. Most circuits also require mediation in an effort to settle the case.
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