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Following a party's decision to file an appeal after the trial court's ruling, they must file a notice of appeal with the trial court and serve the notice of appeal on the other party involved in the case. Once the notice of appeal has been filed, the case is then transferred to the Court of Appeals.
Q: How long do I have to file a notice of appeal? A: You must file a notice of appeal within 14 days of receiving your sentence from the judge.
Notice of hearing; waiver; permissible form of notice and waiver. (a) The clerk of court, upon the request of the plaintiff, shall issue a notice to the defendant setting a time and place for a hearing before the clerk which shall not be less than 10 days from the date of service of said notice upon the defendant.
Any party entitled to an appeal under N.C.G.S. § 7B-1001(a) and (a1) may take appeal by filing notice of appeal with the clerk of superior court and serving copies of the notice on all other parties in the time and manner set out in N.C.G.S. § 7B-1001(b) and (c).
Filing a Motion for Appropriate Relief Judges have the authority to vacate a conviction when they vote in favor of a Motion for Appropriate Relief. Judges can also order a new trial when they deem it necessary. In some cases, Motions for Appropriate Relief are more advantageous than filing a criminal appeal.
Defendants who have to plead guilty, or who have been found guilty of a felony have a right to appeal. They may appeal on the grounds of whether or not the sentence is supported by evidence introduced at the trial.
Every attorney must file a Notice of Appearance which indicates the name, address, email address, telephone number, and State Bar Number of the attorney, as well as which party the attorney is representing.
Her right to appeal as part of a plea agreement (see supra § 23.3C, Plea Bargaining), a defendant who enters a plea of guilty to a misdemeanor in district court has the right to appeal for trial de novo in superior court. G.S. 15A-1431; State v. Fox, 34 N.C. App.