What is an appeal?

An appeal is an application to a higher court asking it to review an earlier court decision. It is a request to either overturn or modify a decision, usually based upon legal errors. In North Carolina, appeals can be made to the Court of Appeals and the Supreme Court of North Carolina. The process of appealing a case begins with filing a notice of appeal in the court that issued the original decision. The notice must include the reasons for the appeal, usually based on an alleged error in the proceedings or an incorrect interpretation of the law. The appellant must also include a request for legal relief, which could include dismissal of the case or modification of a sentence. The higher court then reviews the legal briefs submitted by the parties involved and may also hold a hearing. The court may uphold the original ruling, reverse the ruling, or modify it. The decision of the higher court is final and not subject to appeal. If the appellant is dissatisfied with the decision of the higher court, they may petition the court to review the case for a rehearing. Generally, a rehearing is only granted if new evidence or legal arguments arise that were not available during the appeal process. In North Carolina, the Supreme Court is the only court that can grant a petition for rehearing.

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