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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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Rule 16. Scope of Review of Decisions of Court of Appeals

N.C. R. App. P. 16. Scope of Review of Decisions of Court of Appeals

(a) How Determined. Review by the Supreme Court after a determination by the Court of Appeals, whether by appeal of right or by discretionary review, is to determine whether there is error of law in the decision of the Court of Appeals. Except when the appeal is based solely upon the existence of a dissent in the Court of Appeals, review in the Supreme Court is limited to consideration of the issues stated in the notice of appeal filed pursuant to Rule 14(b)(2) or the petition for discretionary review and the response thereto filed pursuant to Rule 15(c) and (d), unless further limited by the Supreme Court, and properly presented in the new briefs required by Rules 14(d)(1) and 15(g)(2) to be filed in the Supreme Court.

(b) Scope of Review in Appeal Based Solely Upon Dissent. When the sole ground of the appeal of right is the existence of a dissent in the Court of Appeals, review by the Supreme Court is limited to a consideration of those issues that are (1) specifically set out in the dissenting opinion as the basis for that dissent, (2) stated in the notice of appeal, and (3) properly presented in the new briefs required by Rule 14(d)(1) to be filed in the Supreme Court. Other issues in the case may properly be presented to the Supreme Court through a petition for discretionary review pursuant to Rule 15, or by petition for writ of certiorari pursuant to Rule 21.

(c) Appellant, Appellee Defined. As used in this Rule 16, the terms “appellant” and “appellee” have the following meanings when applied to discretionary review:

(1) With respect to Supreme Court review of a determination of the Court of Appeals upon petition of a party, “appellant” means the petitioner and “appellee” means the respondent.

(2) With respect to Supreme Court review upon the Court’s own initiative, “appellant” means the party aggrieved by the decision of the Court of Appeals and “appellee” means the opposing party; provided that, in its order of certification, the Supreme Court may designate either party an “appellant” or “appellee” for purposes of proceeding under this Rule 16.

History Note.

287 N.C. 671; 309 N.C. 830; 322 N.C. 850; 324 N.C. 613; 327 N.C. 671; 354 N.C. 609; 363 N.C. 901.

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N.C. Rules of Appellate Procedure

  • Rule 1. Title; Scope of Rules; Trial Tribunal Defined
  • Rule 2. Suspension of Rules
  • Rule 3. Appeal in Civil Cases—How and When Taken
  • Rule 3.1. Appeal in Qualifying Juvenile Cases—How and When Taken; Special Rules
  • Rule 4. Appeal in Criminal Cases—How and When Taken
  • Rule 5. Joinder of Parties on Appeal
  • Rule 6. Security for Costs on Appeal
  • Rule 7. Preparation of the Transcript; Court Reporter’s Duties
  • Rule 8. Stay Pending Appeal
  • Rule 9. The Record on Appeal
  • Rule 10. Preservation of Issues at Trial; Proposed Issues on Appeal
  • Rule 11. Settling the Record on Appeal
  • Rule 12. Filing the Record; Docketing the Appeal; Copies of the Record
  • Rule 13. Filing and Service of Briefs
  • Rule 14. Appeals of Right from Court of Appeals to Supreme Court under N.C.G.S. § 7A-30
  • Rule 15. Discretionary Review on Certification by Supreme Court under N.C.G.S. § 7A-31
  • Rule 16. Scope of Review of Decisions of Court of Appeals
  • Rule 17. Appeal Bond in Appeals Under N.C.G.S. §§ 7A-30, 7A-31
  • Rule 18. Taking Appeal; Record on Appeal—Composition and Settlement
  • Rule 19. [Reserved]
  • Rule 20. Miscellaneous Provisions of Law Governing Appeals from Administrative Tribunals
  • Rule 21. Certiorari
  • Rule 22. Mandamus and Prohibition
  • Rule 23. Supersedeas
  • Rule 24. Form of Papers; Copies
  • Rule 25. Penalties for Failure to Comply with Rules
  • Rule 26. Filing and Service
  • Rule 27. Computation and Extension of Time
  • Rule 28. Briefs—Function and Content
  • Rule 29. Sessions of Courts; Calendar of Hearings
  • Rule 30. Oral Argument and Unpublished Opinions
  • Rule 31. Petition for Rehearing
  • Rule 32. Mandates of the Courts
  • Rule 33. Attorneys
  • Rule 33.1. Secure-Leave Periods for Attorneys
  • Rule 34. Frivolous Appeals; Sanctions
  • Rule 35. Costs
  • Rule 36. Trial Judges Authorized to Enter Orders Under These Rules
  • Rule 37. Motions in Appellate Courts
  • Rule 38. Substitution of Parties
  • Rule 39. Duties of Clerks; When Offices Open
  • Rule 40. Consolidation of Actions on Appeal
  • Rule 41. Appeal Information Statement
  • Rule 42. [Reserved]

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Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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