What is the process for obtaining an appellate court’s review of a case?

In North Carolina, the process for obtaining an appellate court’s review of a case is called an “appeal.” An appeal is when an appellant, typically the party that lost in the original trial, files a document called a “Notice of Appeal” in the trial court. This begins the “appellate process.” After the Notice of Appeal is filed, the trial court will then enter an order transferring the case to the appellate court. The case is then assigned to a three-judge panel of appellate judges. The panel may issue a decision after reviewing the record of the proceedings, which includes court filings and transcripts of any oral arguments made in court. The appeals court may also ask the parties to submit additional legal arguments, after which the court will issue its decision. The appellate court may uphold the decision of the trial court, reverse it, or send the case back to the lower court with instructions on how to proceed. If the appeals court decides to send the case back to the trial court, then the trial court must honor the appellate court’s instructions. If the losing party is unhappy with the decision of the appeals court, they may attempt to take the case further by requesting a review by the North Carolina Supreme Court.

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