What remedies are available for a party who loses an appeal?

When a party loses an appeal in North Carolina, there are several remedies available to them. Depending on why the appeal was lost, the party may have different options for pursuing relief. First, if the party disagrees with the outcome of the appeal, they can file a petition for a rehearing or a petition for discretionary review. A rehearing is a review of the court’s decision by the same court that decided the initial appeal; a petition for discretionary review is a request for the Supreme Court of North Carolina or an appellate court to review the decision. Second, if the party is not happy with the results of the appeal, they may file a motion for a new trial. A motion for a new trial requests that the court rehear the case with a different fact finder, such as a different judge or jury. Finally, if the party believes that the decision of the appeals court was based on incorrect facts, they can file an appeal to the Supreme Court of the United States. The U.S. Supreme Court has the authority to review the decisions of state appeals courts. No matter which remedy is pursued, it is important to note that the outcome of the appeal is final and cannot be changed. The party must therefore ensure they take the necessary steps to ensure their appeal is successful.

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What remedies are available for a party who loses an appeal?

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