What legal remedies are available in an appeal?
In North Carolina, an appellant has a few legal remedies available to them after filing an appeal. An appellant can request a new trial, an annulment, a reversal, or a modification. A new trial is when the case is placed before a different court after the original court’s judgment. The new court will consider the evidence previously presented and make a new ruling. An annulment is an order from the appellate court that states the trial court’s judgment is invalid. This remedy is rarely used because it completely erases the trial court’s decision. A reversal is when the appellate court overturns the prior court’s decision. It means the court found the trial court made a mistake and needs to be corrected. Finally, a modification is when the appellate court brings some changes to the trial court’s judgment but does not completely reverse the decision. The changes can be minor or major, depending on the facts of the case. Overall, the remedies available on appeal are to grant a new trial, annul the trial court’s decision, reverse the decision, or modify the decision. The decision can be made based on the facts and evidence of the case and the legal reasoning of the appeals court.
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