How does the appeals process work in civil litigation?
The appeals process in civil litigation in North Carolina begins after a trial court has ruled on the case. The losing party can file an appeal if they feel that the lower court made a mistake or misinterpreted the law. The party filing the appeal is known as the appellant and the opposing party is known as the appellee. The appellant must file a Notice of Appeal with the Appellate Division of the North Carolina Superior Court and also provide the appellee with notification of the appeal. The Appellate Division of the North Carolina Superior Court reviews the trial records to determine whether the lower court correctly applied the law. If the Appellate Division finds an error in the original ruling of the court, the ruling may be reversed, meaning the appellant would win the case. If the Appellate Division finds no error in the original ruling, the lower court’s decision stands. The appeals process in North Carolina may take months or even years to complete, depending on the complexity of the case. After the Appellate Division renders its decision, the losing party may appeal to the North Carolina Supreme Court. This process may continue until the parties receive a ruling from the highest court in the State of North Carolina.
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