How to Appeal a Court’s Decision in North Carolina?
If you were a participant in a trial case in North Carolina and you are unhappy with the verdict, you have the legal right to appeal. The process is pretty straightforward.
Notice of Appeal
You have only thirty days to file your notice of appeal. This document informs the courts and all other parties that you are contesting the decision of your case.
You must include your name and contact information on the form along with contact information for all parties, attorneys, the name, number and docket designation for the case, where it was held and the final judgment.
The notice of appeal must be filed with a clerk of the appellate court.
After filing your notice of appeal, the clerk will notify the district court that you have requested a copy of the transcript. The clerk will also provide copies to the opposing side.
Within thirty days after notification to all parties of the appeal, the appellant brief must be submitted. The appellee has another thirty days to file their brief, and the appellant may file a reply brief if needed. The brief must cover all areas of the case you have an issue with and the resolution you are seeking.
You may submit only one copy of the brief, and the court clerk will make copies and present them to the other parties involved.
You may also request to include an oral argument to cement your position further. You are limited to only thirty minutes to present your side so state your case succinctly.
The Record on Appeal
After the transcript and briefs are accepted into the record, the court clerk will prepare the record on appeal which compiles everything having to do with the appeal. The judges will use this record on appeal to make their decision.
The final decision made by the panel of appellate judges will be posted online. The final opinion is final however if you disagree with it, you can petition for a rehearing or go to the Supreme Court.