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What is a Bill of Review? A Comprehensive Legal Overview
Definition & Meaning
A bill of review is a legal procedure used to challenge a final court decision. It allows a party to request a re-examination of the case to correct errors or address newly discovered facts that were not available at the time of the original ruling. There are two types of bills of review: one is filed after a decree has been signed and enrolled, while the other is used when the decree has not yet been finalized. This process is primarily based on either a legal mistake or new evidence relevant to the case.
Table of content
Legal Use & context
Bills of review are commonly used in civil law contexts, particularly in cases involving family law, property disputes, or contract issues. They provide a mechanism for parties to seek amendments or reversals of court decisions. Users can often manage this process themselves by utilizing legal templates available through services like US Legal Forms, which offer forms crafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A person receives a court ruling regarding child custody. After the decision, they discover new evidence that could significantly affect the outcome, such as proof of the other parent's unfitness. They can file a bill of review to request the court to reconsider its decision based on this new information.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Allows bills of review for newly discovered evidence within one year of the final decree.
Texas
Requires a bill of review to be filed within four years of the judgment.
Florida
Specific procedures must be followed for filing, including a motion for rehearing.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Appeal
A request to a higher court to review a lower court's decision.
Appeals focus on legal errors, while bills of review address new evidence or legal mistakes after a final decree.
Motion for Reconsideration
A request to the same court to review its decision.
Motion for reconsideration is typically filed within a shorter time frame and does not involve new evidence.
Common misunderstandings
What to do if this term applies to you
If you believe a bill of review applies to your situation, consider the following steps:
Gather any new evidence or identify the legal errors in the original ruling.
Consult with a legal professional to evaluate your case and determine the best course of action.
Explore US Legal Forms for ready-to-use templates that can assist you in filing the necessary documents.
For complex matters, seeking professional legal help is advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Varies by state; generally ranges from $100 to $400.
Jurisdiction
State courts, depending on the original case.
Possible Outcomes
Reversal, amendment, or affirmation of the original decree.
Key takeaways
Frequently asked questions
A bill of review addresses new evidence or legal mistakes after a final decree, while an appeal challenges the decision based on errors made during the trial.
The timeframe varies by state, but it usually ranges from one to four years after the final decree.
While it is possible to file without legal representation, consulting a lawyer can help ensure that you meet all legal requirements and improve your chances of success.