Can Trial Judges Overrule Each Other?

Quick Answer: No, one trial judge can not overrule another trial judge in NC.

Generally, one superior court judge cannot overrule another. Bailey v. Gooding, 60 N.C. App. 459, 461 (1983) (citing In re Burton, 257 N.C. 534, 126 S.E. 2d 581 (1962)).

The well established rule in North Carolina is that no appeal lies from one Superior Court judge to another; that one Superior Court judge may not correct another’s errors of law; and that ordinarily one judge may not modify, overrule, or change the judgment of another Superior Court judge previously made in the same action. Calloway v. Ford Motor Co., 281 N.C. 496, 501 (N.C. 1972) (citations omitted).