Appellate Process
A court decision is not always the end of the judicial process. If you’ve decided to appeal a court’s ruling, or have a case that is being appealed by the opposing party, you’ll want an attorney who is experienced with the appellate process and familiar with the North Carolina Appellate Court System.
Our firm can assist you with every aspect of the appeals process. We are well versed in assignment of error, compiling the record of appeal, and creating compelling briefs and persuasive legal arguments. Contact our office for a free consultation.
Appellate FAQ
The appeals process is when higher courts review rulings made by the lower courts. The higher courts are not interested in whether a person is guilty or innocent. Rather, they are looking to see if there were any errors made in applying the law, or mistakes made in judicial interpretation of the law, during a lower court procedure.
In North Carolina, the appeals process is handled by the The North Carolina Supreme Court and the Court of Appeals. The Court of Appeals is the only intermediate appellate court in the state. It consists of 15 judges who rotate in panels of three to hear all cases, except those dealing with the death penalty. If there is a dissent in the Court of Appeals, the case may be appealed to the Supreme Court as a matter of right. If there is no dissent in the ruling, the non prevailing party may still file a review for petition to have their case heard by the Supreme Court. If it’s accepted, the case will be heard by the NC Supreme Court.
There are really three steps to the appellate process.
1. Determine whether the case can be appealed.
2. Determine the best course of action, and complete the process involved in bringing the appeal before the court. This involves extensive research in the trial court’s original decision, and whether the issue at hand was properly preserved.
3. Create a persuasive and compelling oral argument based on concise and pertinent legal points.
A competent appellate attorney must possess extensive research skills, and have the ability to create, and argue, comprehensive and compelling legal arguments before the court.
Del Re Law Firm has significant experience in preparing briefs and arguing them before the North Carolina Appellate Court. If you’re seeking knowledgeable assistance on the complex process of appeals, contact our law firm for a free consultation.
