Smithfield, NC asked in Appeals / Appellate Law for North Carolina

Q: What questions are addressed in an appeals proceeding?

Related Topics:
1 Lawyer Answer
  • Consumer Law Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: Is this civil or criminal? The questions are decided by the appealing party but they all boil down to this - the question in every appeal is whether the trial court erred in finding a fact, or letting in evidence or making some other ruling. In addition, the appealing party has to show that not only did the trial court err but that the error was so fundamentally bad that it would have led to a different result and that a new trial should be granted.

Most of the appeals heard by the court of appeals result in affirmances of what the trial court did. It is very hard for the appealing party to get a new trial or other favorable decision. Also, because of the cost, appeals should not be undertaken lightly.

If you are talking about appealing from a clerk to a judge or a district court to the superior court, or from small claims to the district court, it depends on the scope of review. Is the appeal going to lead to a de novo hearing? De novo is Latin for "from the beginning." What it means is that the case is heard all over again as if nothing ever took place. If the review is only for error, then again, the task of the appealing party is to show some fundamental error in the prior proceeding which entitles the appealing party to a new trial or favorable decision.

Regardless of the type of appeal, don't go it alone. Talk it over with a lawyer first.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.