At Kurtz Law, we can assist clients with the various types of appeals that arise in the North Carolina State courts and the federal courts of North Carolina. What is an appeal? An appeal is a request for a higher court to review the decision of a lower court. Unlike a trial, in which witnesses and evidence are presented, an appeal is based solely on the record of the proceedings from the lower court. There is no new evidence to be provided. An appeals lawyers typically writes a brief and submits it to the higher court. There may or may not be a hearing on the appeal, depending on the court. The appeal is not a trial, but a review by the higher court of the legal rulings by the lower court.
If you are appealing, you are the appellant and your attorney will file a brief on your behalf arguing that the lower court’s rulings are wrong. If you are defending the appeal, your attorney will argue that the rulings of the lower court are correct.
In North Carolina civil court, there are two basic types of appeal: an appeal from the small claims court and an appeal from the district and superior courts. Most matters in small claims court are typically handled directly by the parties. In the event that you are not satisfied with the ruling of the small claims court, you have ten days to appeal the magistrate’s decision. Once the notice of appeal is filed, the matter is transferred to the district court, in this case, the “higher court.” The district court will then schedule the matter for a trial de novo. Small claims appeals differ from other appeals in that the appeal is a new trial. If you determine that you wish to have legal counsel throughout the appeal, Kurtz Law can help.
Appeals from the district and superior courts of North Carolina are to the North Carolina Court of Appeals. Although representing oneself is possible, it is best to have the counsel of a skilled lawyer. Appeal deadlines and rules are absolute and must be strictly followed. An experienced attorney is familiar with the processes and can put the best case forward on your behalf. Ms. Kurtz has represented clients in the North Carolina Court of Appeals by filing appeals, submitting briefs and appearing at oral argument.
Appeals from the North Carolina Federal District Courts and the bankruptcy courts are to the Fourth Circuit Court of Appeals. Ms. Kurtz is licensed to appear before the circuit court and has handled appeals at this level.
Appeals require research into the legal precedents issued by previous courts and succinct writing to the court to present a sound case. Kurtz Law is experienced in both state and federal court appeals, so contact the firm for a consultation.