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Appeals in the State Court System

In North Carolina, the General Court of Justice is separated into the Trial and Appellate Divisions. In Felony Criminal Cases and in all types of Civil Cases, appeals are permitted from the Trial Division to the Appellate Division.

The Appellate Division consists of two courts: the North Carolina Court of Appeals and the North Carolina Supreme Court. Appeals are permitted to be taken to the Court of Appeals if a proper Notice of Appeal is filed and served on the other party within 30 days from the time of the entry of the judgment from which an appeal is taken (except in First Degree Murder cases in which there is an automatic appeal to the Supreme Court; also there are limited circumstances in which a motion to bypass the Court of Appeals may be allowed and a direct appeal to the North Carolina Supreme Court may be allowed). 

North Carolina Supreme Court

Appeals to the North Carolina Supreme Court are allowed a decision of the panel of the Court of Appeals is not unanimous or when a motion to bypass the Court of Appeals has been allowed and the appeal certified to the Supreme Court in lieu of Court of Appeals or in the limited circumstances in which the law otherwise provides for a direct appeal to the Supreme Court. Additionally, the Supreme Court may allow a petition for discretionary review which a party files seeking to have a decision of a unanimous panel of the Court of Appeals reviewed by the Supreme Court. 

North Carolina Court of Appeals

In the North Carolina Court of Appeals, the appeals are decided by panels of three judges. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case. 

Timing for Filing of Briefs

After the appellant's brief is prepared and served, the Appellee has 30 days in which to prepare and serve its brief in response. Reply briefs are ordinarily not allowed in the state appellate courts unless a new issue is raised in the appellee's brief.

Oral Arguments

After the parties' briefs are prepared the case will be set for a hearing, called "oral argument." Although some cases are decided on the basis of written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the Court of Appeals is a structured presentation by attorneys to the court and a discussion between the appellate lawyers and the panel of judges which focuses on the legal principles in dispute. 

Each side is given a short time to present arguments to the court. The court of appeals' decision usually will be the final word in the case, unless the court remands, that is, sends the case back to the trial court for additional findings or hearings, or there is a "split decision" by the panel of the Court of Appeals judges or the North Carolina Supreme Court agrees to review the case. 

Remedies After Appeal is Decided

A party who loses on the appeal, may file a petition for a writ of certiorari, which is a "brief-like" document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. Although, there are a very limited number of special circumstances in which the Supreme Court is required by the Constitution to hear certain matters, ordinarily, the United States Supreme Court will agree to hear a case only when it involves an unusually important legal principle. When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument. 

The decision on the appeal may end the litigation or it may require additional hearings or proceedings in the case. An experienced trial and appellate attorney are valuable assets in this type of litigation. 

Federal Appeals

[The following information is either quoted or paraphrased from information provided from the Federal Judicial Center web site. ]

In the federal system, the losing party in a federal trial court normally is entitled to appeal the decision to a United States Court of Appeals (in North Carolina and its surrounding states, such an appeal is taken to the United States Court of Appeals for the Fourth Circuit). Similarly, a person involved in a case who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs, for example, disputes over Social Security benefits, are determined first in a district court rather than directly to a court of appeals.

In a civil case either side may appeal the verdict. In a criminal case, the defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict, unless a defendant has signed a "plea agreement" which waives his or her rights with respect to an appeal. 

In most bankruptcy courts, an appeal of a ruling by a bankruptcy judge may be taken to the district court. Some of the courts of appeals, however, have established a Bankruptcy Appellate Panel consisting of three bankruptcy judges to hear appeals directly from the bankruptcy courts. In either situation, the party that loses in the initial bankruptcy appeal may then appeal to the court of appeals. 

A party to a case who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the decision in the case. The court of appeals makes its decision based on the record of the case established by the trial court or agency. Like the appellate courts in the North Carolina state court system, the appellate court does not receive additional evidence or hear witnesses. The court of appeals also may review the factual findings of the trial court or agency, but typically may only overturn a decision on factual grounds if the findings were "clearly erroneous." 

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case. 

In a criminal case the defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Although some cases are decided on the basis of written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute.

Each side is given a specific, short period of time to present arguments to the court. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the United States Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit. 

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument.

The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the United States Supreme Court to review the case.

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