APPEALS & post-trial motions

The North Carolina District Court has exclusive jurisdiction over all family law matters, including actions for annulment, divorce, property division, alimony, child support, child custody, and the enforcement of separation agreements between spouses (See N.C. Gen. Stat. § 7A-244). If you believe the District Court Judge made a significant error in your case, you have the right to seek review of the decision by the North Carolina Court of Appeals.

In order to bring an appeal, you must file a “Notice of Appeal” to the Court of Appeals before the deadline to appeal expires. The deadline for filing a “Notice of Appeal” is thirty (30) days after the final order is entered by the presiding District Court Judge.

Post-Trial Motions

As an alternative to filing an appeal, you should first consider filing a “post-trial motion.” Following trial, you may bring a motion to the same District Court Judge that decided your case, asking the Judge to reconsider his or her decision and/or to grant you a new trial of your case. It is advisable to first ask the District Court Judge to reconsider his or her decision in your case before attempting an appeal to the North Carolina Court of Appeals.

In order to file a post-trial motion, you must file your motion to the District Court before the deadline to file such motion expires. The deadline for filing a “post-trial motion” is ten (10) days following the entry of the District Court’s order. Due to this short deadline, you should immediately consult with an experienced family law attorney if you believe the District Court Judge has made a serious error in your case.

When Should I File an Appeal?

While you might technically have the right to file an appeal to the North Carolina Court of Appeals, it must be understood that District Court judges have broad leeway and discretion in their decision-making authority over family law matters. Often, the District Court’s decision is unlikely be overturned by the Court of Appeals, even if you strongly disagree with it.

This is why it is very important that you present your best case and most compelling arguments the first time at the District Court level trial. Further, appeals can be costly and time consuming, due to the complexities involved. It is important that you seek the advice of an experienced family law attorney to review the facts of your case and determine whether an appeal is really worth pursuing.

Basis of an Appeal

While you might technically have the right to file an appeal to the North Carolina Court of Appeals, it must be understood that District Court judges have broad leeway and discretion in their decision-making authority over family law matters. Often, the District Court’s decision is unlikely be overturned by the Court of Appeals, even if you strongly disagree with it.

This is why it is very important that you present your best case and most compelling arguments the first time at the District Court level trial. Further, appeals can be costly and time consuming, due to the complexities involved. It is important that you seek the advice of an experienced family law attorney to review the facts of your case and determine whether an appeal is really worth pursuing.

Technicalities of an Appeal

There are numerous rules you must follow in order to protect (or “preserve”) your right to bring an appeal. If the proper steps are not taken, including filing a proper “Notice of Appeal” within thirty (30) days of the District Court’s final order in your case, you will be barred from seeking an appeal (except, perhaps, in very exceptional circumstances involving fraud).

The Appeals Process

To begin the appeals process, the appealing party must file a “Notice of Appeal” to the North Carolina Court of Appeals and also compile a “Record on Appeal.” The “Record” includes all relevant court filings and evidence, including a transcript of the District Court hearing. Each party must also prepare a legal brief containing their written legal arguments.

There are fifteen judges in the North Carolina Court of Appeals, who sit in panels of three to hear each appeal. The assigned three-judge panel will review the District Court Judge’s decision, the Record on Appeal, and the arguments of each party to determine if the District Court made significant errors in its decision. In a limited number of cases, oral argument is permitted before the three-judge panel. However, the majority of appeals are decided solely upon the Record on Appeal and the parties’ written legal briefs.

If a Court of Appeals judge dissents from the majority opinion (i.e., disagrees with the other two judges), you have the right to appeal to the North Carolina Supreme Court. If there is no dissenting opinion, appeal to the North Carolina Supreme Court occurs only in cases where the Supreme Court allows a “Petition for Discretionary Review.” However, the grant of such a Petition is quite rare.

Discuss Your Appeal: (919) 348-2317

The appeals process is complex, lengthy (typically at least one year), and often costly. Due to the complexity of family law appeals and the short deadline to file Notice of Appeal, you should immediately contact an experienced family law attorney if you believe that your District Court Judge made an erroneous decision in your case. Remember that the deadline to file a post-trial motion is only ten (10) days following the entry of the District Court’s order and the deadline to file an appeal is only thirty (30) days.

Our experienced family law attorneys are happy to discuss with you the individual merits of your case and whether filing a post-trial motion or appeal is advisable.

Call us at (919) 348-2317.