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What Happens After the North Carolina Court of Appeals Issues an Opinion?

Biazzo Law
Jul 17
18 min read

Updated: Jul 23


After the North Carolina Court of Appeals issues an opinion, the parties must determine what the decision actually requires, whether the opinion is published, when the mandate will issue, whether further review is available, and whether enforcement or remand proceedings must be stayed. The opinion is important, but several short and overlapping deadlines may begin before the case returns fully to the trial court.


Unless the Court orders otherwise, its mandate generally issues 20 days after the written opinion is filed. Depending on the case, a party may consider a motion for publication, en banc rehearing, panel rehearing, an appeal of right, a petition for discretionary review, certiorari, supersedeas, or immediate preparation for proceedings on remand.


The Answer Depends On…


What happens next depends on:


  • Whether the Court affirmed, reversed, vacated, modified, dismissed, or remanded

  • Whether the decision resolves the entire case

  • Whether further trial-court proceedings are required

  • Whether the opinion is published or unpublished

  • Whether the panel issued a unanimous decision, dissent, concurrence, or separate opinion

  • Whether en banc rehearing is appropriate

  • Whether the panel overlooked or misapprehended a material point of fact or law

  • Whether the case presents a substantial constitutional question

  • Whether the case satisfies the statutory grounds for discretionary review

  • Whether the decision is final or directs a new trial or other interlocutory proceedings

  • Whether the mandate has issued

  • Whether a stay of the mandate, temporary stay, or writ of supersedeas is needed

  • Whether the judgment winner may begin enforcement

  • Whether costs, interest, attorneys’ fees, or sanctions remain unresolved

  • Whether the trial court must conduct a new hearing, make findings, calculate damages, or enter a new judgment

  • Whether the matter could later support review by the U.S. Supreme Court

  • Whether amicus participation may assist in further review

  • Whether the case arose in Charlotte, Mecklenburg County, Raleigh, Wake County, another North Carolina county, or a specialized administrative proceeding


The first step is not simply deciding whether the party “won” or “lost.” Counsel should read the disposition, reasoning, separate opinions, mandate implications, and procedural posture together.


The Immediate Post-Opinion Timeline

North Carolina’s appellate deadlines do not all run from the same event.

Event or potential filing

General timing

Court of Appeals opinion filed

Day 0

Motion to publish an unpublished opinion

Within 10 days after the opinion is filed

Motion for en banc rehearing

Within 15 days after the opinion is filed

Mandate

Generally 20 days after the opinion is filed

Petition for panel rehearing in a civil case

Within 15 days after the mandate issues

Appeal of right to the Supreme Court

Within 15 days after the mandate issues

Petition for discretionary review

Within 15 days after the mandate issues

Response to a petition for discretionary review

Within 10 days after service; no extension permitted

These periods interact. A timely Rule 31 rehearing petition tolls the time for an appeal of right or petition for discretionary review until the Court of Appeals denies rehearing. Filing an appeal of right or petition for discretionary review, however, waives or abandons the right to pursue Rule 31 rehearing.


Deadlines should be calculated from the official appellate docket and applicable orders. A party should not assume that filing one post-opinion request automatically stays the mandate or extends every other deadline.


What Does the Court of Appeals’ Disposition Mean?


The last portion of the opinion usually states the formal result. That language controls what happens next.


Affirmed


An affirmance generally leaves the trial court’s judgment or order in place.


After the mandate returns:


  • A money judgment may remain enforceable

  • An injunction may continue

  • A dismissal or summary judgment may remain effective

  • The prevailing party may seek costs or other permitted relief

  • The case may return to the trial court for collateral matters such as fees

  • The losing party may pursue further review if an authorized route exists


Rule 35 generally taxes appellate costs against the appellant when a judgment is affirmed unless the Court orders otherwise.


Reversed


A reversal means the Court of Appeals concluded that the challenged ruling cannot stand.

The practical effect depends on the instructions. The Court may:


  • Direct entry of judgment for the appellant

  • Reinstate a claim or defense

  • Require a new trial

  • Require a new hearing

  • Order application of a different legal standard

  • Reverse only part of the judgment

  • Return the case for additional findings


When a judgment is reversed, appellate costs are generally taxed against the appellee unless the Court directs otherwise.


Vacated


Vacatur generally removes the legal effect of the challenged order or judgment.


The trial court may need to:


  • Conduct a new hearing

  • Reconsider the matter without relying on the vacated ruling

  • Enter adequate findings

  • Correct a jurisdictional or procedural defect

  • Recalculate relief

  • Dismiss the matter if the appellate ruling requires it


Counsel should read the reasoning carefully. “Vacated and remanded” may permit substantial further proceedings, while a more limited vacatur may require a specific correction.


Remanded


A remand sends the case back to the trial tribunal for further proceedings.


The remand may be broad or narrow. The trial court might be directed to:


  • Conduct a new trial

  • Hold an evidentiary hearing

  • Make additional findings

  • Recalculate damages

  • Apply a corrected legal standard

  • Determine attorneys’ fees

  • Clarify an order

  • Address only one unresolved issue


The trial court must act consistently with the appellate mandate and cannot ordinarily disregard or expand beyond binding appellate instructions. North Carolina decisions treat compliance with the mandate as a distinct and enforceable requirement.


Affirmed in Part and Reversed in Part


A mixed decision requires claim-by-claim analysis.


The parties should identify:


  • Which claims remain resolved

  • Which claims return for trial

  • Whether damages must be recalculated

  • Whether a new jury is required

  • Whether discovery reopens

  • Whether the surviving issues are severable

  • Whether the partial decision is final enough for further review


Rule 35 permits the Court to allocate costs as it directs when the judgment is affirmed in part, reversed in part, or otherwise modified.


Dismissed


The Court may dismiss an appeal for reasons such as:


  • Lack of appellate jurisdiction

  • Untimeliness

  • Appeal from a nonappealable interlocutory order

  • Mootness

  • Failure to perfect the appeal

  • Serious rule violations


Dismissal generally leaves the challenged trial-court ruling in effect, although the precise consequence depends on why the appeal was dismissed and whether later review remains possible. Costs are ordinarily taxed against the appellant unless otherwise agreed or ordered.


Is the Opinion Published or Unpublished?


This distinction affects the decision’s broader precedential significance.


Published opinions


A published Court of Appeals opinion ordinarily may serve as controlling precedent for lower North Carolina courts unless superseded, reversed, or otherwise limited.


Publication can affect:


  • Other pending cases

  • Business and industry practices

  • Trial-court procedures

  • Government operations

  • Contract interpretation

  • Constitutional litigation

  • Future appellate strategy


Unpublished opinions


Rule 30 states that an unpublished Court of Appeals decision does not constitute controlling legal authority. Citation is disfavored except for claim preclusion, issue preclusion, or law-of-the-case purposes, although a party may cite an unpublished opinion in limited circumstances when it has value on a material issue and no published opinion serves as well.


Can a party ask the Court to publish an unpublished opinion?


Yes.


Counsel of record or a self-represented party may move for publication within 10 days after the opinion is filed. Any objection must be filed within five days after service of the motion, and the original panel decides whether publication is warranted.


A publication request may be appropriate when the opinion:


  • Announces a new legal principle

  • Resolves a recurring issue

  • Clarifies conflicting authority

  • Addresses an important procedural question

  • Has substantial value as precedent

  • Affects businesses, government entities, or litigants statewide


Publication is different from rehearing. A party may agree with the outcome but still seek publication because of the decision’s broader legal importance.


What Is the Mandate?


The mandate formally returns the appellate court’s judgment and instructions to the tribunal from which the appeal was taken.


Unless the Court directs otherwise, the mandate consists of certified copies of the judgment and opinion together with the clerk’s direction concerning costs. It is issued by transmitting those materials to the clerk or comparable officer of the lower tribunal.


Under Rule 32, the mandate ordinarily issues 20 days after the written opinion is filed.


Why does the mandate matter?


The mandate may determine when:


  • The trial court regains authority to implement the appellate decision

  • Remand proceedings may begin

  • A new trial may be scheduled

  • Judgment enforcement may resume

  • Appellate costs may be taxed

  • The parties’ deadlines for rehearing or Supreme Court review begin

  • A stay or supersedeas becomes urgent


The opinion tells the parties what the Court decided. The mandate formally transmits that decision back to the lower tribunal.


Can You Request En Banc Rehearing?


Potentially, but en banc rehearing is not favored.


Rule 31.1 permits a majority of the Court of Appeals judges to order rehearing by the full court when:


  1. En banc consideration is necessary to secure or maintain uniformity among the Court’s decisions; or

  2. The case involves a question of exceptional importance.



A motion for en banc rehearing must be filed within 15 days after the opinion is filed. The opposing party may respond within 10 days after service, and the Court ordinarily rules within 30 days.


A strong en banc motion may identify:


  • A conflict between the panel opinion and another Court of Appeals decision

  • A question affecting trial courts statewide

  • A recurring jurisdictional issue

  • A major business-law or constitutional question

  • A ruling that creates instability in North Carolina law

  • A matter of exceptional institutional importance


The motion should not merely repeat the losing brief or argue that the panel applied settled law incorrectly.


Does an en banc motion automatically stay the mandate?


No.


Rule 31.1 permits the movant to seek a stay of the mandate, but the filing of the en banc motion does not by itself guarantee that the mandate will be stayed.


If en banc rehearing is granted, the resulting en banc opinion vacates the original panel opinion.


Can You Ask the Panel to Rehear the Case?


Yes, in a civil appeal, but the procedure is unusual and demanding.


Under Rule 31, a petition for rehearing may be filed within 15 days after the mandate has issued. It must identify with particularity the points of fact or law the Court overlooked or misapprehended.


The petition also must include certificates from at least two qualifying North Carolina attorneys who:


  • Have each been members of the North Carolina Bar for at least five years

  • Have no interest in the action

  • Did not represent any party

  • Examined the appeal and cited authorities

  • Believe the decision contains specifically identified error


The Court decides the petition solely from the written submission. No response, amicus brief, or oral argument is received at that stage, and the Court generally grants or denies the petition within 30 days.


What is a proper rehearing argument?


Rehearing may be appropriate when the panel:


  • Overlooked a controlling case

  • Misapprehended a material record fact

  • Applied the wrong statute

  • Failed to address a dispositive issue

  • Relied on a legal premise neither party disputed but that is demonstrably incorrect

  • Entered a disposition inconsistent with its reasoning


It is generally not designed to provide another opportunity to reargue matters the panel fully considered.


How does rehearing affect Supreme Court review?


A timely Rule 31 petition tolls the deadline for filing an appeal of right or petition for discretionary review. If rehearing is denied, the full further-review period begins from entry of the denial order.


But filing a notice of appeal or petition for discretionary review waives any later Rule 31 rehearing petition and abandons one that was previously filed.


That interaction makes sequencing a strategic decision.


Is There an Appeal of Right to the Supreme Court of North Carolina?


Only in a limited category of cases.


Current N.C. Gen. Stat. § 7A-30 provides an appeal of right from a Court of Appeals decision that directly involves a substantial question under the United States Constitution or North Carolina Constitution. The notice must explain the constitutional issue, identify the constitutional provisions, show how the right was allegedly violated, and establish that the issue was timely raised.


The notice generally must be filed with both appellate clerks and served within 15 days after the Court of Appeals mandate issues.


Does a dissent automatically create an appeal of right?


No.


Current § 7A-30 no longer provides an automatic civil appeal of right merely because a Court of Appeals judge dissented. A dissent may still help demonstrate legal uncertainty, conflict, or jurisprudential importance in a petition for discretionary review, but it is not by itself an independent route of right under the current statute.


A party asserting a constitutional appeal of right often also considers filing a petition for discretionary review in the alternative or for additional issues.


Can You Petition for Discretionary Review?


Yes, in qualifying cases.


A petition for discretionary review asks the Supreme Court of North Carolina to certify the Court of Appeals decision for further review under N.C. Gen. Stat. § 7A-31.


After a Court of Appeals decision, the statutory grounds include:


  • The subject matter has significant public interest

  • The case involves legal principles of major significance to North Carolina jurisprudence

  • The Court of Appeals decision appears likely to conflict with a North Carolina Supreme Court decision


If the Court of Appeals decision is interlocutory—such as an order requiring a new trial or further proceedings—the Supreme Court generally certifies it only when failure to review immediately would delay final adjudication and probably cause substantial harm.


What is the deadline?


The petition generally must be filed and served within 15 days after the Court of Appeals mandate issues. A timely Rule 31 rehearing petition tolls that period until rehearing is denied.


A response is due within 10 days after service of the petition, and Rule 15 does not permit an extension of the response deadline. The Supreme Court ordinarily decides whether to certify the case based on the petition, response, and any authorized amicus materials without oral argument.


What should a strong PDR emphasize?


A PDR should focus on why the case matters beyond the individual parties.


Potential themes include:


  • Conflict with controlling Supreme Court precedent

  • A recurring issue dividing trial courts

  • A significant business or commercial-law question

  • A major constitutional issue

  • Statewide consequences

  • An unresolved appellate-jurisdiction question

  • A legal standard affecting many pending cases

  • An issue involving government authority or public administration


It should not simply reproduce the Court of Appeals brief and request correction of ordinary error.


What If a Further-Review Deadline Was Missed?


Rule 21 permits the Supreme Court, in appropriate circumstances, to issue certiorari to review a Court of Appeals decision when the right to pursue an appeal of right or petition for discretionary review was lost through failure to act timely, or when review is sought of an order for which no appeal of right exists. The petition must be filed without unreasonable delay.


Certiorari is discretionary and should not be treated as a dependable substitute for complying with the original deadline.


A party seeking certiorari should ordinarily explain:


  • Why the deadline was missed

  • Why the delay was reasonable or excusable

  • Why the proposed issues are meritorious

  • Why review is important

  • Why the opposing party will not suffer unfair prejudice

  • Why extraordinary review is appropriate


Does the Court of Appeals Opinion Automatically Stay Enforcement?


Not necessarily.


An opinion, mandate, rehearing filing, or petition for discretionary review does not always protect the losing party from immediate enforcement or remand activity.


Rule 23 permits an application to the Supreme Court for supersedeas to stay a judgment, order, or other determination mandated by the Court of Appeals when an appeal of right or petition for discretionary review has been or will be timely filed. The party may also request a temporary stay while the Court considers the supersedeas petition.


A stay may be important when the decision permits or requires:


  • Collection or execution

  • Transfer or sale of property

  • Enforcement of an injunction

  • Disclosure of confidential information

  • Loss of possession

  • A new trial

  • Business-control changes

  • Contempt proceedings

  • Immediate compliance

  • Proceedings that could make further review practically meaningless


The stay analysis should begin before the mandate issues, not after enforcement is underway.


What Happens If the Case Is Remanded?


After the mandate returns, the trial court must determine what proceedings are authorized and required.


A broad remand


A broad remand may permit:


  • Reopened discovery

  • New dispositive motions

  • A new trial

  • Additional evidence

  • Reconsideration of interconnected issues

  • New findings and conclusions

  • Further settlement proceedings


A limited remand


A limited remand may authorize only:


  • Entry of a specified judgment

  • Recalculation of damages

  • One evidentiary issue

  • Additional findings on a defined subject

  • Application of a particular legal standard

  • Correction of a clerical or procedural defect


The parties should not assume that “remanded” means the entire case starts over.


The law-of-the-case and mandate principles


Issues resolved by the appellate decision ordinarily govern later proceedings in the same case. The trial court must follow the mandate’s plain direction and may face another appeal if it materially exceeds or disregards those instructions.


Counsel should prepare a remand memorandum identifying:


  • What the Court decided

  • What remains open

  • What issues are foreclosed

  • What evidence may be considered

  • What deadlines apply

  • Whether a new judge or jury proceeding is required

  • Whether settlement is preferable to renewed litigation


What Happens to Costs and Attorneys’ Fees?


Rule 35 generally allocates appellate costs based on the result:


  • Dismissal: costs against the appellant

  • Affirmance: costs against the appellant

  • Reversal: costs against the appellee

  • Mixed or modified result: costs as directed by the Court


The mandate includes an itemized statement of appellate costs and identifies the party against whom they are taxed. Costs assessable in the trial tribunal may then be taxed and collected there.


Attorneys’ fees are different from routine appellate costs. Entitlement may depend on:


  • A contract

  • A statute

  • Sanctions authority

  • The substantive claim

  • A timely motion

  • Whether the appellate court or trial court determines the amount

  • The outcome after remand


Fee rights should be reviewed immediately because separate procedural requirements may apply.


Does the Existing Record Still Matter?


Yes.


If the Supreme Court accepts discretionary review or recognizes an appeal of right, the record filed in the Court of Appeals generally becomes the record for Supreme Court review. The Supreme Court may independently identify record deficiencies and take appropriate action, including dismissal.


Further review is not ordinarily an opportunity to:


  • Add new trial evidence

  • Submit new affidavits addressing factual gaps

  • Change the preserved legal theory

  • Rewrite the procedural history

  • Introduce a contract or exhibit omitted below

  • Cure every deficiency in the settled record


A party considering further review should therefore audit:


  • The record on appeal

  • Transcripts

  • Exhibits

  • Preservation citations

  • Jurisdictional materials

  • The Court of Appeals briefs

  • The opinion’s description of the record

  • Any separate opinions


A Practical First-48-Hour Framework


Step 1: Read the entire opinion


Review:


  • The majority opinion

  • Separate concurrences

  • Dissents

  • The formal disposition

  • Published or unpublished status

  • Treatment of each issue

  • Preservation and jurisdictional holdings

  • Instructions on remand


Step 2: Build a deadline chart


Calendar:


  • Publication motion

  • En banc rehearing

  • Mandate

  • Rule 31 rehearing

  • Appeal of right

  • Petition for discretionary review

  • PDR response

  • Stay and supersedeas filings

  • Remand hearings

  • Fee and cost deadlines


Step 3: Determine the practical result


Ask:


  • Is the judgment enforceable?

  • Does the case return for trial?

  • Must damages be recalculated?

  • Is a claim reinstated?

  • Does an injunction remain?

  • Can settlement now resolve the dispute?

  • Does the opinion affect business operations?


Step 4: Decide whether further review has a valid purpose


Further review should be connected to:


  • A realistic jurisdictional route

  • A preserved issue

  • Statewide legal significance

  • Conflict with precedent

  • A substantial constitutional question

  • A meaningful client objective


Step 5: Choose the correct procedural vehicle


Do not treat these as interchangeable:


  • Motion to publish

  • En banc rehearing

  • Panel rehearing

  • Appeal of right

  • Petition for discretionary review

  • Certiorari

  • Supersedeas

  • Temporary stay


Step 6: Address enforcement and remand


Determine what may happen before further review is resolved.


Step 7: Prepare both winning and losing strategies


The prevailing party should protect the judgment and prepare to oppose further review. The losing party should evaluate the strongest available route without filing every possible motion reflexively.


What Are the Biggest Post-Opinion Risks?


Missing the earliest deadline


A publication motion or en banc motion may be due before the mandate issues.


Calculating all deadlines from the opinion date


Rule 31 rehearing, an appeal of right, and post-decision discretionary review generally run from issuance of the mandate, while other filings run from the opinion date.


Filing a PDR before deciding whether to seek rehearing


A timely notice of appeal or PDR waives or abandons Rule 31 rehearing.


Assuming a dissent creates an automatic appeal


Under current law, the remaining ordinary appeal of right from the Court of Appeals is tied to a substantial constitutional question, not merely the existence of a dissent.


Treating the PDR as another merits brief


The PDR should establish statutory significance, conflict, or public importance.


Failing to seek a stay


The mandate, judgment, injunction, property transfer, or remand proceedings may move forward while further review is pursued.


Misreading the remand


The trial court may have broad discretion—or very little—depending on the opinion’s language.


Overlooking unpublished status


An unpublished win may protect the client but have limited precedential value unless publication is requested and granted.


Ignoring the other side’s options after winning


The opposing party may seek rehearing, discretionary review, publication, a stay, or U.S. Supreme Court review.


What If the Case Presents a Federal Question?


A North Carolina appellate case involving a preserved federal constitutional or statutory issue may eventually present a possible U.S. Supreme Court question.


That does not mean the party can skip the North Carolina procedures.


Counsel should evaluate:


  • Whether state Supreme Court review must first be sought

  • Whether the federal question was timely preserved

  • Whether the Court of Appeals actually decided it

  • Whether an adequate and independent state-law ground supports the judgment

  • Whether the state proceedings are final for federal certiorari purposes

  • Whether a stay is required

  • Whether the issue is certworthy

  • Whether national amici may have an interest


The best U.S. Supreme Court strategy often begins with how the issue is framed and preserved during state appellate proceedings.


North Carolina Forum and Geographic Coverage


North Carolina Court of Appeals opinions arise from civil cases throughout the state, including:


  • Charlotte and Mecklenburg County

  • Raleigh and Wake County

  • Durham

  • Greensboro and Guilford County

  • Winston-Salem and Forsyth County

  • Asheville and Buncombe County

  • Wilmington and New Hanover County

  • Concord and Cabarrus County

  • Monroe and Union County

  • Gastonia and Gaston County

  • Cary, Chapel Hill, Matthews, Huntersville, and surrounding communities


The post-opinion appellate rules apply statewide, but the remand proceedings occur in the originating trial tribunal. The trial judge, local schedule, case type, and wording of the mandate can materially affect what happens next.


Authority Block: After a North Carolina Court of Appeals Opinion


The principal authorities include:


  • N.C. Gen. Stat. § 7A-30: appeal of right involving a substantial constitutional question

  • N.C. Gen. Stat. § 7A-31: discretionary review by the Supreme Court

  • North Carolina Rule of Appellate Procedure 14: appeals of right from the Court of Appeals

  • North Carolina Rule of Appellate Procedure 15: petitions for discretionary review and responses

  • North Carolina Rule of Appellate Procedure 16: scope of Supreme Court review

  • North Carolina Rule of Appellate Procedure 17: appeal bonds for Supreme Court review

  • North Carolina Rule of Appellate Procedure 21: certiorari

  • North Carolina Rule of Appellate Procedure 23: supersedeas and temporary stays

  • North Carolina Rule of Appellate Procedure 30(e): unpublished opinions and publication motions

  • North Carolina Rule of Appellate Procedure 31: panel rehearing

  • North Carolina Rule of Appellate Procedure 31.1: en banc rehearing

  • North Carolina Rule of Appellate Procedure 32: issuance and contents of the mandate

  • North Carolina Rule of Appellate Procedure 35: appellate costs


The North Carolina Judicial Branch identifies the appellate rules codified September 2, 2025, as the current codification.


How Biazzo Law Helps After a Court of Appeals Opinion


Biazzo Law evaluates a North Carolina appellate opinion from both the immediate procedural and long-term litigation perspectives.


The firm can assist businesses, professionals, individuals, organizations, general counsel, trial lawyers, judgment winners, appellants, appellees, and referring counsel with:


  • Post-opinion deadline analysis

  • Opinion and mandate interpretation

  • Motions to publish

  • En banc rehearing motions and responses

  • Rule 31 rehearing petitions

  • Appeals of right involving constitutional questions

  • Petitions for discretionary review

  • Responses opposing discretionary review

  • Petitions for certiorari

  • Temporary stays and supersedeas

  • Judgment-enforcement strategy

  • Remand planning

  • New-trial preparation

  • Law-of-the-case and mandate disputes

  • Appellate costs and fee issues

  • North Carolina Supreme Court briefs

  • U.S. Supreme Court issue spotting

  • Certiorari and amicus strategy

  • Federal and Fourth Circuit coordination


Biazzo Law’s North Carolina appellate practice includes representation before the North Carolina Court of Appeals and Supreme Court, together with appellate preservation, complex civil litigation, injunction readiness, federal appellate advocacy, and Supreme Court-related strategy.


The firm can serve as lead appellate counsel, co-counsel with the existing trial or appellate team, remand counsel, emergency-stay counsel, or limited-scope further-review counsel.


Related Biazzo Law Resources



Frequently Asked Questions


How soon does the mandate issue after a North Carolina Court of Appeals opinion?


Unless the Court orders otherwise, the mandate generally issues 20 days after the written opinion is filed.


Can I ask the Court of Appeals to reconsider its opinion?


Potentially. A civil Rule 31 petition for rehearing may be filed within 15 days after the mandate issues and must identify specific points the Court overlooked or misapprehended. It also requires certifications from two qualifying independent North Carolina attorneys.


How long do I have to petition the North Carolina Supreme Court?


An appeal of right or petition for discretionary review generally must be filed within 15 days after the Court of Appeals mandate issues. A timely Rule 31 rehearing petition tolls that deadline until the rehearing petition is denied.


Does a dissent give me an automatic appeal to the Supreme Court?


No. Under current § 7A-30, an appeal of right is based on a substantial constitutional question. A dissent may strengthen a discretionary-review argument but does not independently create an automatic appeal.


What is the difference between rehearing and discretionary review?


Rehearing asks the Court of Appeals to correct something it overlooked or misapprehended. Discretionary review asks the Supreme Court to take the case because it presents significant public interest, major jurisprudential importance, or likely conflict with Supreme Court precedent.


Does filing a petition for discretionary review stay the Court of Appeals decision?


Not automatically. A party may need to seek supersedeas or a temporary stay from the Supreme Court to prevent enforcement or remand activity while further review is pending.


What happens if the Court of Appeals remands the case?


The trial court resumes proceedings within the boundaries of the mandate. Depending on the opinion, the court may hold a new trial, conduct a limited hearing, make additional findings, recalculate damages, or enter a specified judgment.


Can an unpublished Court of Appeals opinion be published later?


Potentially. Counsel or a self-represented party may move for publication within 10 days after the opinion is filed. Any objection is due within five days after service of the motion.


Schedule a Litigation Strategy Review


The period after a North Carolina Court of Appeals opinion can involve several different deadlines, strategic choices, and enforcement risks.


A party may need to evaluate publication, en banc review, panel rehearing, a constitutional appeal of right, discretionary review, certiorari, supersedeas, remand proceedings, costs, or U.S. Supreme Court strategy—sometimes within days of the opinion.


Schedule a litigation strategy review to evaluate the opinion, mandate, further-review deadlines, stay options, remand instructions, enforcement consequences, North Carolina Supreme Court strategy, and potential federal or U.S. Supreme Court issues.


This article provides general information and is not legal advice. Post-opinion deadlines, rehearing, discretionary review, stays, remand authority, costs, and enforcement depend on the specific opinion, mandate, case type, record, and procedural posture. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes.

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