What Is the North Carolina Court of Appeals Process?
- What Is the North Carolina Court of Appeals?
- What Types of Cases Go to the North Carolina Court of Appeals?
- The North Carolina Appeals Process
- Where Does the North Carolina Supreme Court Fit into the Process?
- How Myers Legal Firm Helps with North Carolina Appeals
- Frequently Asked Questions About the North Carolina Appeals Process
- Need Help with an Appeal in North Carolina? Contact Myers Legal Firm
What Is the North Carolina Court of Appeals Process?
The North Carolina Court of Appeals generally does not hear witnesses again, receive a new version of the evidence, or simply decide which side it believes should have won. Instead, appellate judges review what happened in the lower court to determine whether the law was applied correctly and whether a legal or procedural error warrants changing the result.
That makes appellate cases highly dependent on the existing record, careful legal research, written advocacy, and strict procedural requirements.
At Myers Legal Firm, we help North Carolina clients evaluate whether an appeal is appropriate, pursue appellate relief when a trial court has made a significant legal error, and defend favorable results when another party appeals. Contact our Charlotte office to schedule a free review of your case.
What Is the North Carolina Court of Appeals?
The North Carolina Court of Appeals is the state’s intermediate appellate court. It has 15 judges who generally hear cases in panels of three.
Most appeals from North Carolina Superior and District Courts go to the Court of Appeals. Its purpose is not to retry cases. Instead, the appellate court reviews lower-court proceedings for errors of law or legal procedure.
Instead of making witnesses repeat testimony, an appeal is more likely to focus on questions such as:
- Did the trial court use the correct legal standard?
- Did the court improperly interpret a statute?
- Did the judge make findings that lack the required evidentiary support?
- Was evidence improperly admitted or excluded?
- Did the court fail to make findings required by law?
- Were the parties’ procedural rights properly protected?
- Did an error affect the outcome of the case?
What Types of Cases Go to the North Carolina Court of Appeals?
North Carolina law gives the Court of Appeals jurisdiction over many appeals from Superior and District Courts, including final judgments in many civil matters.
Appeals may arise from cases including:
- Child custody
- Child support
- Alimony
- Equitable distribution
- Contract and business litigation
- Real estate disputes
- Personal injury cases
- Other civil lawsuits
- Criminal matters
- Certain administrative agency decisions
Some matters follow different appellate paths, including going directly to the North Carolina Supreme Court. Whether you have an appeal of right, an immediately appealable order, or another possible route to appellate review depends on the type of case and the ruling involved.
The North Carolina Appeals Process
Most appeals processes follow these general steps:
1. Determine Whether the Decision Can Be Appealed
The first and most crucial question is whether the decision is currently appealable.
Final judgments can generally be appealed when North Carolina law provides an appeal of right. A final judgment usually resolves the claims before the court and leaves nothing substantial to be decided at the trial level.
The situation becomes more complicated with an interlocutory order, which is an order entered before the entire case is finished. A North Carolina appellate attorney can evaluate the order, applicable statutes, and appellate decisions before determining the appropriate next step.
2. File a Notice of Appeal
Under the North Carolina Rules of Appellate Procedure, a party in a typical civil case generally must file and serve a notice of appeal within 30 days. The exact date from which those 30 days run depends on circumstances including entry and service of the judgment. Certain timely post-trial motions may also affect the deadline.
The notice of appeal is generally filed with the clerk of the trial court.
If you receive an order you believe should be appealed, speak with an appellate attorney promptly and provide information about both when the order was entered and when it was served.
3. Prepare the Transcript and Record on Appeal
Once an appeal is underway, the appellate court needs an accurate record of what occurred below. Depending on the case, that record may include pleadings, motions, relevant orders and judgments, transcripts, and other necessary materials.
The parties then work through the process of developing and settling the record on appeal in accordance with the appellate rules.
The appellate judges make their decision based on the material properly presented to them. A lawyer can’t add new evidence that was never introduced in the trial court.
4. Identify the Strongest Appellate Issues
A person who just lost an important case may have a long list of things they believe went wrong, but the most effective appellate strategy doesn’t necessarily focus on all of them. Appellate lawyers must distinguish between disappointments they have no control over and legal errors that the appellate court has authority to correct.
Generally, lawyers need to raise objections and legal issues at the appropriate stage of the trial proceedings so that the trial court has an opportunity to address them. A party ordinarily cannot remain silent about an error during trial and then raise it for the first time on appeal.
5. Parties File Appellate Briefs
Written briefs are at the heart of most appeals.
The party bringing the appeal is called the appellant. The appellant’s brief explains the relevant procedural and factual history, identifies the legal issues, cites the record and controlling legal authorities, and argues why the lower court’s decision should be changed.
The party defending the result is the appellee.
The appellee’s brief responds to the appellant’s arguments and explains why the lower court’s decision should remain in place. Depending on the circumstances, an appellee may also need to identify an alternative legal basis supporting the trial court’s result.
The appellant can generally file a reply addressing arguments raised in the appellee’s brief.
6. Possible Oral Arguments
Not every appeal includes oral arguments. Many appeals are decided on the written record and briefs. But if oral arguments are held, the lawyers will appear before the appellate judges to address the legal issues in the case.
An oral argument is different from a trial presentation. There are no witnesses, jurors, or new exhibits. Judges may interrupt attorneys with detailed questions about statutes, precedent, the record, or the consequences of the legal rule each side is advocating.
7. The Court Issues Its Decision
After reviewing the record, briefs, and any oral argument, the panel reaches a decision. Depending on the issues, the Court of Appeals may:
- Affirm the lower court’s decision
- Reverse it
- Vacate an order
- Send the case back, or “remand” it, for additional proceedings
- Order a new trial or other relief when legally appropriate
Winning an appeal therefore does not always mean the dispute immediately ends.
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SCHEDULE YOUR CONSULTATIONWhere Does the North Carolina Supreme Court Fit into the Process?
The North Carolina Supreme Court is the state’s highest court.
For most ordinary civil appeals, the Court of Appeals is the first appellate court to review the trial court’s decision. A party that loses in the Court of Appeals does not automatically receive another full appeal before the Supreme Court.
North Carolina law provides an appeal of right from certain Court of Appeals decisions that directly involve a substantial federal or state constitutional question.
In many other cases, a party must ask the Supreme Court to exercise discretionary review. The Supreme Court may consider cases involving significant public interest, important legal principles, or other statutory grounds for review.
The Supreme Court does not accept every case presented to it.
As a result, clients should generally approach their Court of Appeals case as a critical stage of the litigation rather than assuming they will simply get another chance before the Supreme Court.
How Myers Legal Firm Helps with North Carolina Appeals
Appellate cases require a different approach from ordinary trial litigation. At Myers Legal Firm, we help both clients seeking appellate relief and clients defending favorable decisions.
Our work may include:
- Reviewing the trial court’s judgment and record
- Determining whether a decision can be appealed
- Preserving important deadlines
- Evaluating potential appellate issues
- Identifying the applicable standard of review
- Arranging transcripts and preparing the record
- Conducting detailed statutory and case-law research
- Writing appellate briefs
- Responding to the opposing party’s arguments
- Preparing for and presenting oral argument
- Evaluating petitions and other potential Supreme Court review
- Helping clients understand what different appellate outcomes would mean
Just as importantly, we provide honest guidance about whether an appeal makes sense. Our attorneys help clients understand those strengths and challenges so they can make informed decisions about what comes next.
Frequently Asked Questions About the North Carolina Appeals Process
How long do I have to appeal in North Carolina?
In many civil cases, the deadline for filing and serving a notice of appeal is 30 days. Precisely when that period begins can depend on entry and service of the judgment, and certain timely post-trial motions may affect the timeline. Other types of appeals can have different deadlines.
Can I appeal because I think the judge made the wrong decision?
Possibly, but disagreement alone is not enough. An appellate court generally looks for an error of law or legal procedure within its authority to review. The strength of an appeal depends on what the judge did, the applicable law, the existing record, the standard of review, and whether the issue was properly preserved.
Can I submit new evidence during my appeal?
Generally, an appeal is decided on the record created in the lower court. The Court of Appeals is not normally a place to call new witnesses or introduce evidence that was available but never presented at trial.
This is one reason appellate attorneys carefully examine the record before deciding which arguments can realistically be made.
Does an appeal automatically stop the trial court’s order?
Not necessarily. Depending on the case, a party may need to seek a stay or take other steps to prevent enforcement while the appeal is pending. If immediate enforcement of an order could seriously affect you, discuss that issue with your appellate lawyer.
Can I appeal a Court of Appeals loss to the North Carolina Supreme Court?
Sometimes. Certain cases involving substantial constitutional questions may carry an appeal of right. Many other cases require a petition asking the Supreme Court to exercise discretionary review. The Supreme Court does not have to accept every such request.
What should I do if the other side files an appeal?
Contact an appellate attorney promptly and provide the notice of appeal, the judgment being challenged, and any other relevant documents.
You will have deadlines of your own as the appellee, and your attorney will need time to analyze the record and the arguments needed to defend the favorable result.
What Is a Standard of Review?
The “standard of review” determines how much deference the Court of Appeals gives the lower court on a particular issue. Different questions receive different standards.
For some questions of law, appellate judges may review the issue without deferring to the trial court’s legal conclusion. Other decisions involve judicial discretion. In those situations, the appellant may face a more difficult standard and need to show that the trial court abused its discretion.
Need Help with an Appeal in North Carolina? Contact Myers Legal Firm
If you are considering an appeal or have received notice that another party is appealing your case, Myers Legal Firm can help you understand what happens next. We can evaluate the ruling, explain your appellate options, identify important deadlines, and develop a strategy based on the law and the record.
Contact Myers Legal Firm to discuss your North Carolina appellate case and learn how our attorneys can help you move forward.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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