Charlotte, NC asked in Appeals / Appellate Law and Civil Litigation for North Carolina

Q: I was denied a motion to set aside default judgment. I submitted a motion to reconsider which was also denied. I am...

Going To appeal the denied motion to set aside default judgment. Can I use the trial transcript from the motion to reconsider as evidence in my appeals case? In this instance, comments made by the judge and the plaintiff in that hearing would be highly beneficial to my appeal and should further help solidify a successful appeal.

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

A: First, I am not a North Carlonia attorney. But from your question, the answer is YES. The appellate court usually receives the entire record from the trial court--including any transcript (assuming you have ordered them). So the transcript of the motion for reconsideration or any other transcript can be referenced in your brief.

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