What form do I need to appeal a summary judgment..

Asked over 1 year ago - Charlotte, NC

What form do I need to Appeal summary judgment in North Carolina..
I need help getting this form or how to go about getting it.

Attorney answers (4)

  1. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

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    Answered . You need to file a "Notice of Appeal" and then you will probably need to post a bond, and then you will need to prepare the "record on appeal" and write a "brief" to the Court. Most lawyers cannot do these things well or even properly. The Rules of Appellate Procedure must be followed. They are on thr NC Courts website. For you to have any chance you need a lawyer experienced with appellate work.

  2. Maria Teresa Singleton

    Contributor Level 9

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    Answered . The notice of appeal is the "form" you file with the trial court to appeal a summary judgment ruling. If the summary judgment ruling disposed of all matters involved in the case, you will have 30 days to file your notice. If it did not dispose of everything, you can only appeal (within the same time frame) if allowed at law. Creating the notice of appeal is simple in and of itself (it has to contain the case caption, basic info about the ruling appealed from, date ruling was entered, party appealing, etc), but the appellate process is not as it is very techinical and time dependent. Therefore, if you have the means to hire an appellate attorney, I would strongly suggest you do so. If not, you should be able to find information about the appeals process and forms in NC for free online (for a fee as well on some sites).

  3. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . You should see an appellate atty in your area. Appeals are not easy, and there are no simple forms. In some states you cant appeal a summary judgment be granted, but rather have to wait til the case itself is dismissed. Time limits can be tricky and fatal if not complied with. If this is important, at least consult with an appellate atty to see if you have any chance of winning.

  4. Michael T Millar

    Pro

    Contributor Level 19

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    Answered . You may want to seek a motion for reconsideration prior to filing an appeal.

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