Once a civil case is decided, that may not be the end of it. A party to a lawsuit who is not satisfied with the result has the right to appeal. An appeal is an additional level of judicial review of a case once it has been decided by the trial court. For instance, appeals from Small Claims Court result in a new hearing in District Court. Appeals from Civil District Court and Superior Court are decided by the North Carolina Court of Appeals and Supreme Court. Those appeals generally involve a review of the trial and do not allow new evidence to be submitted.
Appeals to the Court of Appeals begin with the creation of the Record on Appeal, which is a collection of the documents, a transcript of any testimony and other evidence to be reviewed on appeal. Following that, each party prepares and files an appeal brief, which is the written legal arguments to be decided on appeal. Some appeals are decided based solely on the these written submissions. In some cases, however, the appellate court will require oral arguments, which usually take place in Raleigh.
Unlike a trial, appellate litigation involves a substantial amount of legal research and persuasive legal writing. Appeals cases have their own set of rules and procedures. If you are considering filing an appeal, you should hire an attorney with experience handling appellate cases before the North Carolina Court of Appeals and Supreme Court.
We have handled appeals on behalf of our clients. Additionally, we have handled appeals of cases referred to us by other attorneys who litigated the cases at the trial level. If you are involved in a case that has been appealed, or if you are thinking about appealing a decision, please contact us and let us explain how we can assist you.