What is the process for filing an appellate brief?
Appeals in North Carolina are filed and handled through the North Carolina Court of Appeals. To file an appellate brief, a party must first file a notice of appeal with the clerk of the superior court. This notice should include the court and case number, the name of the party filing the appeal, and a short statement indicating the grounds for the appeal. The appellate brief must be filed within 30 days of the date the notice of appeal was filed. The brief must include a statement of the question presented to the court as well as the legal argument in support of the appellant’s position. The brief should include any prior case decisions on the issue or other legal authorities to support the appellant’s position. At the same time, an appendix to the brief must be filed. The appendix should include any documents, pleadings, or other materials that the court needs to consider the appeal. The appellant may also need to include a transcript of the original trial or hearing. Once the appellate brief and appendix are filed, the other party has 21 days to file a response. The court will then review the appellant’s brief and any response, and will typically hold a hearing to consider the arguments of both sides before making a decision.
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