What is the process for appealing a small claims court decision?

In North Carolina, if a party is not satisfied with the outcome of a small claims court decision, they may file an appeal. To file an appeal, a notice of appeal must be filed with the court clerk within thirty days of the original judgment. This notice of appeal must include the names and addresses of all parties involved, the date and time of the original judgment, and the reasons why the party wishes to appeal the decision. After the notice of appeal is filed, the party must also submit a written brief to the court, outlining their arguments for why the decision should be appealed. Once the appeals court has received the notice of appeal and the written brief, the court will schedule a hearing to determine if the case should be overturned. During the hearing, both parties will have the opportunity to present evidence to the court in support of their position. The court may also accept evidence from other parties, such as witnesses; however, this evidence must be relevant to the case. The appeals court may also accept written briefs from both parties in lieu of or in addition to an oral presentation. After both parties have had the chance to present their evidence and arguments, the appeals court will make a decision. If the court decides to overturn the original judgment, the case will be remanded back to the small claims court for a new trial. If the court decides not to overturn the original judgment, the party will need to abide by the court’s ruling and the decision will be binding.

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