N.C. Gen. Stat. » Chapter 62
NC General Statutes

N.C. Gen. Stat. § 62-93 (2026)

No evidence admitted on appeal; remission for further evidence

✓ current as of July 2026
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No evidence shall be received at the hearing on appeal but if any party shall satisfy the court that evidence has been discovered since the hearing before the Commission that could not have been obtained for use at that hearing by the exercise of reasonable diligence, and will materially affect the merits of the case, the court may, in its discretion, remand the record and proceedings to the Commission with directions to take such subsequently discovered evidence, and after consideration thereof, to make such order as the Commission may deem proper, from which order an appeal shall lie as in the case of any other final order from which an appeal may be taken as provided in G.S. 62-90. (1949, c. 989, s. 1; 1955, c. 1207, s. 2; 1963, c. 1165, s. 1.)

 

Notes of Decisions
Cited in 2 cases, 1984–1986 · leading case: State Ex Rel. Utils. Comm'n v. Conservation Council, 320 S.E.2d 679 (N.C. 1984).
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State Ex Rel. Utils. Comm'n v. Conservation Council, 320 S.E.2d 679 (N.C. 1984). · cites it 2× “G.S. § 62-93 provides that a reviewing court may, in its discretion, remand a case for further consideration by the Commission if evidence has been discovered since the hearing before the Commission “that could not have been obtained for use at that hearing by the exercise of…”
State Ex Rel. Utils. Comm'n v. MacKie, 338 S.E.2d 888 (N.C. Ct. App. 1986). · cites it 2× “We have not considered this evidence, nor has the appellant attempted to proceed in accordance with G.S. 62-93 in order to present this evidence to the Commission pending appeal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.