Issues Not Raised in Trial Court

As amended through June 18, 2024
Issues Not Raised in Trial Court

"[I]ssues and theories of a case not raised below will not be considered on appeal. Westminster Homes, Inc. v. Town of Cary Zoning Bd. of Adjustment, 354 N.C. 298, 309, 554 S.E.2d 634, 641 (2001).

"This Court will not consider arguments based upon matters not presented to or adjudicated by the trial court. Even alleged errors arising under the Constitution of the United States are waived if defendant does not raise them in the trial court. State v. Haselden, 357 N.C. 1, 10, 577 S.E.2d 594, 600 (citations and quotation marks omitted), cert. denied, 540 U.S. 988, 157 L. Ed. 2d 382 (2003).

Revised July 26, 2016.