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Welcome to the website for On-Point
Paralegal Services, LLC!
Our associates specialize in North
Carolina appellate practice and legal research. We are fluent
in practice before the North Carolina Court of Appeals and the
North Carolina Supreme Court. You have come to the right place
if you want to appeal in North Carolina.
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services are provided at affordable flat rates. Please complete
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please do not ask.
NORTH CAROLINA RULES OF APPELLATE PROCEDURE
Article VI
General Provisions
(Administrative History and Notes Omitted)
Rule 25. Penalties for Failure to Comply with Rules
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(a) Failure of Appellant to Take Timely Action.
(b) Sanctions for Failure to Comply with Rules.
Rule 26. Filing and Service
(a) Filing.
(1) Filing by Mail.
(2) Filing by Electronic Means.
(b) Service of All Papers Required.
(c) Manner of Service.
(d) Proof of Service.
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(e) Joint Appellants and Appellees.
(f) Numerous Parties to Appeal Proceeding Separately.
(g) Documents Filed with Appellate Courts.
(1) Form of Papers.
(2) Index required.
(3) Closing.
(4) Termination of Parental Rights and Juvenile Matters.
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Rule 27. Computation and Extension of Time
(a) Computation of Time.
(b) Additional Time After Service by Mail.
(c) Extensions of Time; By Which Court Granted.
(1) Motions for Extension of Time in the Trial Division.
(2) Motions for Extension of Time in the Appellate Division.
(d) Motions for Extension of Time; How Determined.
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Rule 28. Briefs: Function and Content
(a) Function.
(b) Content of Appellant’s Brief.
(c) Content of Appellee’s Brief; Presentation of Additional Questions.
(d) Appendixes to Briefs.
(1) When Appendixes to Appellant’s Brief Are Required.
(2) When Appendixes to Appellant’s Brief Are Not Required.
(3) When Appendixes to Appellee’s Brief Are Required.
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(4) Format of Appendixes.
(e) References in Briefs to the Record.
(f) Joinder of Multiple Parties in Briefs.
(g) Additional Authorities.
(h) Reply Briefs.
(i) Amicus Curiae Briefs.
(j) Page Limitations Applicable to Briefs Filed in the Court of Appeals.
(1) Type.
Type style; Type size.
(2) Document length.
Length limitations; Page limits; Word-count limits.
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(k) Termination of Parental Rights and Juvenile Matters.
Rule 29. Sessions of Courts, Calendar of Hearings
(a) Sessions of Court.
(1) Supreme Court.
(2) Court of Appeals.
(b) Calendaring of Cases for Hearing.
Rule 30. Oral Argument and Unpublished Opinions
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(a) Order and Content of Argument.
(b) Time Allowed for Argument.
(1) In General.
(2) Numerous Counsel.
(c) Non-Appearance of Parties.
(d) Submission on Written Briefs.
(e) Unpublished Opinions.
(f) Pre-Argument Review; Decision of Appeal Without Oral Argument.
Rule 31. Petition for Rehearing
(a) Time for Filing; Content.
(b) How Addressed; Filed.
(c) How Determined.
(d) Procedure When Granted.
(e) Stay of Execution.
(f) Waiver by Appeal from Court of Appeals.
(g) No Petition in Criminal Cases.
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Rule 32. Mandates of the Courts
(a) In General.
(b) Time of Issuance.
Rule 33. Attorneys
(a) Appearances.
(b) Signatures on Electronically Filed Documents.
(c) Agreements.
Rule 33A. Secure Leave Periods for Attorneys
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(a) Purpose, Authorization.
(b) Length, Number.
(c) Designation, Effect.
(d) Content of Designation.
(e) Where to File Designation.
(f) When to File Designation.
Rule 34. Frivolous Appeals; Sanctions
Rule 35. Costs
(a) To Whom Allowed.
(b) Direction as to Costs in Mandate.
(c) Costs of Appeal Taxable in Trial Tribunals.
(d) Execution to Collect Costs in Appellate Courts.
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Rule 36. Trial Judges Authorized to Enter Orders Under These Rules
(a) When Particular Judge Not Specified by Rule.
(b) Upon Death, Incapacity, or Absence of Particular Judge Authorized.
Rule 37. Motions in Appellate Courts
(a) Time; Content of Motions; Response.
(b) Determination.
(c) Termination of Parental Rights and Juvenile Matters.
(d) Withdrawal of Appeal in Criminal Cases.
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(e) Withdrawal of Appeal in Civil Cases.
(f) Effect of Withdrawal of Appeal.
Rule 38. Substitution of Parties
(a) Death of a Party.
(b) Substitution for Other Causes.
(c) Public Officers; Death or Separation from Office.
Rule 39. Duties of Clerks; When Offices Open
(a) General Provisions.
(b) Records to be Kept.
Rule 40. Consolidation of Actions on Appeal
Rule 41. Appeal Information Statement
Rule 42. Title
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ARTICLE VI
GENERAL PROVISIONS
RULE 25
PENALTIES FOR FAILURE TO COMPLY WITH RULES
(a) Failure of Appellant to Take Timely Action. If after giving notice of appeal from any court,
commission, or commissioner the appellant shall fail within the times allowed by these rules or by order of court to
take any action required to present the appeal for decision, the appeal may on motion of any other party be
dismissed. Prior to the filing of an appeal in an appellate court
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motions to dismiss are made to the court,
commission, or commissioner from which appeal has been taken; after an appeal has been filed in an appellate court
motions to dismiss are made to that court. Motions to dismiss shall be supported by affidavits or certified copies of
docket entries which show the failure to take timely action or otherwise perfect the appeal, and shall be allowed
unless compliance or a waiver thereof is shown on the record, or unless the appellee shall consent to action out of
time, or unless the court for good cause shall permit the action to be taken out of time.
Motions heard under this rule to courts of the trial divisions may be heard and determined by any judge of
the particular court specified in Rule 36 of these rules; motions made under this rule to a commission may be heard
and determined by the chairman of the commission; or if to a commissioner, then by that commissioner. The
procedure in all motions made under this rule to trial tribunals shall be that provided for motion practice by the N.C.
Rules of Civil Procedure; in all motions made under this rule to courts of the appellate division, shall be that
provided by Rule 37 of these rules.
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(b) Sanctions for Failure to Comply with Rules. A court of the appellate division may, on its own
initiative or motion of a party, impose a sanction against a party or attorney or both when the court determines that
such party or attorney or both substantially failed to comply with these appellate rules. The court may impose
sanctions of the type and in the manner prescribed by Rule 34 for frivolous appeals.
RULE 26
FILING AND SERVICE
(a) Filing. Papers required or permitted by these rules to be filed in the trial or appellate divisions
shall be filed with the clerk of the appropriate court. Filing may be accomplished by mail or by electronic means as
set forth in this Rule.
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(1) Filing by Mail: Filing may be accomplished by mail addressed to the clerk but is not
timely unless the papers are received by the clerk within the time fixed for filing, except
that motions, responses to petitions, record on appeal, and briefs shall be deemed filed on
the date of mailing, as evidenced by the proof of service.
(2) Filing by Electronic Means: Filing in the appellate courts may be accomplished by
electronic means by use of the electronic filing site at www.ncappellatecourts.org. All
documents may be filed electronically through the use of this site. A document filed by
use of the official electronic web site is deemed filed as of the time that the document is
received electronically.
Responses and motions may be filed by facsimile machines, if an oral request for
permission to do so has first been tendered to and approved by the clerk of the
appropriate appellate court.
In all cases where a document has been filed by
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facsimile machine pursuant to
this rule, counsel must forward the following items by first class mail, contemporaneously
with the transmission: the original signed document, the electronic transmission fee, and
the applicable filing fee for the document, if any. The party filing a document by
electronic means shall be responsible for all costs of the transmission and neither they nor
the electronic transmission fee may be recovered as costs of the appeal. When a
document is filed to the electronic filing site at www.ncappellatecourts.org, counsel may
either have their account drafted electronically by following the procedures described at
the electronic filing site, or they must forward the applicable filing fee for their document
by first class mail, contemporaneously with the transmission.
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(b) Service of All Papers Required. Copies of all papers filed by any party and not required by these
rules to be served by the clerk shall, at or before the time of filing, be served on all other parties to the appeal.
(c) Manner of Service. Service may be made in the manner provided for service and return of process
in Rule 4 of the N.C. Rules of Civil Procedure, and may be so made upon a party or upon his attorney of record.
Service may also be made upon a party or his attorney of record by delivering a copy to either or by mailing it to
either at his last known address, or if no address is known, by filing it in the office of the clerk with whom the
original paper is filed. Delivery of a copy within this Rule means handing it to the attorney or to the party, or leaving
it at the attorney’s office with a
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partner or employee. Service by mail is complete upon deposit of the paper enclosed
in a postpaid, properly addressed wrapper in a Post Office or official depository under the exclusive care and custody
of the United States Post Office Department, or, for those having access to such services, upon deposit with the State
Courier Service or Inter-Office Mail. When a document is filed electronically to the official web site, service also
may be accomplished electronically by use of the other counsel(s)’s correct and current electronic mail address(es)
or service may be accomplished in the manner described previously in this subsection.
(d) Proof of Service. Papers presented for filing shall contain an acknowledgment of service by the
person served or proof of service in the form of a statement of the date and manner of service and of the names of the
persons served, certified by the person who made service. Proof of service shall appear on or be affixed to the
papers filed.
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(e) Joint Appellants and Appellees. Any paper required by these rules to be served on a party is
properly served upon all parties joined in the appeal by service upon any one of them.
(f) Numerous Parties to Appeal Proceeding Separately. When there are unusually large numbers of
appellees or appellants proceeding separately, the trial tribunal upon motion of any party or on its own initiative, may
order that any papers required by these rules to be served by a party on all other parties need be served only upon
parties designated in the order, and that the filing of such a paper and service thereof upon the parties designated
constitutes due notice of it to all other parties. A copy of every such order shall be served upon all parties to the
action in such manner and form as the court directs.
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(g) Documents Filed with Appellate Courts.
(1) Form of Papers. Papers presented to either appellate court for filing shall be letter size
(8½ x 11") with the exception of wills and exhibits. All printed matter must appear in at
least 12-point type on unglazed white paper of 16-20 pound substance so as to produce a
clear, black image, leaving a margin of approximately one inch on each side. The body of
text shall be presented with double spacing between each line of text. No more than 27
lines of double-spaced text may appear on a page, even if proportional type is used. Lines
of text shall be no wider than 6½ inches. The format of all papers presented for filing
shall follow the additional instructions found in the Appendixes to these Appellate Rules.
The format of briefs shall follow the additional instructions found in Appellate Rule 28(j).
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(2) Index required. All documents presented to either appellate court other than records on
appeal, which in this respect are governed by Appellate Rule 9, shall, unless they are less
than 10 pages in length, be preceded by a subject index of the matter contained therein,
with page references, and a table of authorities, i.e., cases (alphabetically arranged),
constitutional provisions, statutes, and text books cited, with references to the pages
where they are cited.
(3) Closing. The body of the document shall at its close bear the printed name, post office
address, and telephone number of counsel of record, and in addition, at the appropriate
place, the manuscript signature of counsel of record. If the document has been filed
electronically by use of the official web site at www.ncappellatecourts.org, the manuscript
signature of counsel of record is not required.
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(4) Termination of Parental Rights and Juvenile Matters. All documents and exhibits filed
with the appellate court shall not include the name of a juvenile or any other identifying
information, in compliance with Rule 3(b).
RULE 27
COMPUTATION AND EXTENSION OF TIME
(a) Computation of Time. In computing any period of time prescribed or allowed by these rules, by
order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of
time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday,
Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday,
Sunday, or a legal holiday.
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(b) Additional Time After Service by Mail. Whenever a party has the right to do some act or take
some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or
paper is served upon him by mail, three days shall be added to the prescribed period.
(c) Extensions of Time; By Which Court Granted. Except as herein provided, courts for good cause
shown may upon motion extend any of the times prescribed by these rules or by order of court for doing any act
required or allowed under these rules; or may permit an act to be done after the expiration of such time. Courts may
not extend the time for taking an appeal or for filing a petition for discretionary review or a petition for rehearing or
the responses thereto prescribed by these rules or by law.
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(1) Motions for Extension of Time in the Trial Division. The trial tribunal for good cause
shown by the appellant may extend once for no more than 30 days the time permitted by
Rule 11 or Rule 18 for the service of the proposed record on appeal.
Motions for extensions of time made to a trial tribunal may be made orally or in
writing and without notice to other parties and may be determined at any time or place
within the state.
Motions made under this Rule 27 to a court of the trial division may be heard
and determined by any of those judges of the particular court specified in Rule 36 of these
rules. Such motions made to a commission may be heard and determined by the chairman
of the commission; or if to a commissioner, then by that commissioner.
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(2) Motions for Extension of Time in the Appellate Division. All motions for extensions of
time other than those specifically enumerated in Rule 27(c)(1) may only be made to the
appellate court to which appeal has been taken.
(d) Motions for Extension of Time; How Determined. Motions for extension of time made in any
court may be determined ex parte, but the moving party shall promptly serve on all other parties to the appeal a copy
of any order extending time. Provided that motions made after the expiration of the time allowed in these rules for
the action sought to be extended must be in writing and with notice to all other parties and may be allowed only after
all other parties have had opportunity to be heard.
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RULE 28
BRIEFS: FUNCTION AND CONTENT
(a) Function. The function of all briefs required or permitted by these rules is to define clearly the
questions presented to the reviewing court and to present the arguments and authorities upon which the parties rely in
support of their respective positions thereon. Review is limited to questions so presented in the several briefs.
Questions raised by assignments of error in appeals from trial tribunals but not then presented and discussed in a
party’s brief are deemed abandoned. Similarly, questions properly presented for review in the Court of Appeals but
not then stated in the notice of appeal or the petition, accepted by the Supreme Court for review, and discussed in the
new briefs required by Rules 14(d)(1) and 15(g)(2) to be filed in the Supreme Court for review by that Court are
deemed abandoned.
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(b) Content of Appellant’s Brief. An appellant’s brief in any appeal shall contain, under appropriate
headings, and in the form prescribed by Rule 26(g) and the Appendixes to these rules, in the following order:
(1) A cover page, followed by a subject index and table of authorities required by Rule 26(g).
(2) A statement of the questions presented for review.
(3) A concise statement of the procedural history of the case. This shall indicate the nature of
the case and summarize the course of proceedings up to the taking of the appeal before
the court.
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(4) A statement of the grounds for appellate review. Such statement shall include citation of
the statute or statutes permitting appellate review. When an appeal is based on Rule 54(b)
of the Rules of Civil Procedure, the statement shall show that there has been a final
judgment as to one or more but fewer than all of the claims or parties and that there has
been a certification by the trial court that there is no just reason for delay. When an
appeal is interlocutory, the statement must contain sufficient facts and argument to
support appellate review on the ground that the challenged order affects a substantial
right.
(5) A full and complete statement of the facts. This should be a nonargumentative summary
of all material facts underlying the matter in controversy which are necessary to
understand all questions presented for review, supported by references to pages in the
transcript of proceedings, the record on appeal, or exhibits, as the case may be.
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(6) An argument, to contain the contentions of the appellant with respect to each question
presented. Each question shall be separately stated. Immediately following each question
shall be a reference to the assignments of error pertinent to the question, identified by
their numbers and by the pages at which they appear in the printed record on appeal.
Assignments of error not set out in the appellant’s brief, or in support of which no reason
or argument is stated or authority cited, will be taken as abandoned. However, in new
briefs before the Supreme Court, a party need not reference assignments of error to the
extent that party was the appellee (or cross-appellee) before the Court of Appeals and is
urging the Supreme Court to reverse the Court of Appeals.
The argument shall contain a concise statement of the applicable
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standard(s) of review
for each question presented, which shall appear either at the beginning of the discussion
of each question presented or under a separate heading placed before the beginning of the
discussion of all the questions presented.
The body of the argument and the statement of applicable standard(s) of review shall
contain citations of the authorities upon which the appellant relies. Evidence or other
proceedings material to the question presented may be narrated or quoted in the body of
the argument, with appropriate reference to the record on appeal or the transcript of
proceedings, or the exhibits.
(7) A short conclusion stating the precise relief sought.
(8) Identification of counsel by signature, typed name, office address and telephone number.
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(9) The proof of service required by Rule 26(d).
(10) The appendix required by Rule 28(d).
(c) Content of Appellee’s Brief; Presentation of Additional Questions. An appellee’s brief in any
appeal shall contain a subject index and table of authorities as required by Rule 26(g), an argument, a conclusion,
identification of counsel and proof of service in the form provided in Rule 28(b) for an appellant’s brief, and any
appendix as may be required by Rule 28(d). It need contain no statement of the questions presented, statement of the
procedural history of the case, statement of the grounds for
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appellate review, statement of the facts, or statement of
the standard(s) of review, unless the appellee disagrees with the appellant’s statements and desires to make a
restatement or unless the appellee desires to present questions in addition to those stated by the appellant. An
appellee’s brief may, but is not required to, include a reference to assignments of error as required by Rule 28(b)(6)
for an appellant’s brief.
Without having taken appeal, an appellee may present for review, by stating them in his brief, any questions
raised by cross-assignments of error under Rule 10(d). Without having taken appeal or made cross-assignments of
error, an appellee may present the question, by statement and argument in his brief, whether a new trial should be
granted to the appellee rather than a judgment n.o.v. awarded to the appellant when the latter relief is sought on
appeal by the appellant.
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If the appellee is entitled to present questions in addition to those stated by the appellant, the appellee’s
brief must contain a full, non-argumentative summary of all material facts necessary to understand the new questions
supported by references to pages in the record on appeal, the transcript of proceedings, or the appendixes, as
appropriate, as well as a statement of the applicable standard(s) of review for those additional questions.
(d) Appendixes to Briefs. Whenever the transcript of proceedings is filed pursuant to Rule 9(c)(2), the
parties must file verbatim portions of the transcript as appendixes to their briefs, if required by this Rule 28(d).
Verbatim portions of the transcript filed pursuant to this rule in an appeal of a termination of parental rights or
juvenile matter must be modified to comply with the confidentiality provisions of Rule 3(b).
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(1) When Appendixes to Appellant’s Brief Are Required. Except as provided in Rule 28(d)(2), the
appellant must reproduce as appendixes to its brief:
a. those portions of the transcript of proceedings which must be reproduced
verbatim in order to understand any question presented in the brief;
b. those portions of the transcript showing the pertinent questions and answers
when a question presented in the brief involves the admission or exclusion of
evidence;
c. relevant portions of statutes, rules, or regulations, the study of which is required
to determine questions presented in the brief;
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d. relevant items from the Rule 11(c) or Rule 18(d)(3) supplement to the printed
record on appeal the study of which are required to determine questions
presented in the brief.
(2) When Appendixes to Appellant’s Brief Are Not Required. Notwithstanding the requirements of
Rule 28(d)(1), the appellant is not required to reproduce an appendix to its brief with respect to an
assignment of error:
a. whenever the portion of the transcript necessary to understand a question
presented in the brief is reproduced verbatim in the body of the brief;
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b. to show the absence or insufficiency of evidence unless there are discrete
portions of the transcript where the subject matter of the alleged insufficiency of
the evidence is located; or
c. to show the general nature of the evidence necessary to understand a question
presented in the brief if such evidence has been fully summarized as required by
Rule 28(b)(4) and (5).
(3) When Appendixes to Appellee’s Brief Are Required. Appellee must reproduce appendixes to his
brief in the following circumstances:
a. Whenever the appellee believes that appellant’s appendixes do not include
portions of the transcript or items from the Rule 11(c) or Rule 18(d)(3)
supplement to the printed record on appeal that are required by Rule 28(d)(1),
the appellee shall reproduce those portions of the transcript or supplement he
believes to be necessary to understand the question.
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b. Whenever the appellee presents a new or additional question in his brief as
permitted by Rule 28(c), the appellee shall reproduce portions of the transcript
or relevant items from the Rule 11(c) or Rule 18(d)(3) supplement to the printed
record on appeal as if he were the appellant with respect to each such new or
additional question.
(4) Format of Appendixes. The appendixes to the briefs of any party shall be in the format prescribed
by Rule 26(g) and shall consist of clear photocopies of transcript pages which have been deemed
necessary for inclusion in the appendix under this Rule 28(d). The pages of the appendix shall be
consecutively numbered and an index to the appendix shall be placed at its beginning.
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(e) References in Briefs to the Record. References in the briefs to assignments of error shall be by
their numbers and to the pages of the printed record on appeal or of the transcript of proceedings, or both, as the case
may be, at which they appear. Reference to parts of the printed record on appeal and to the verbatim transcript or
documentary exhibits shall be to the pages where the parts appear.
(f) Joinder of Multiple Parties in Briefs. Any number of appellants or appellees in a single cause or in
causes consolidated for appeal may join in a single brief although they are not formally joined on the appeal. Any
party to any appeal may adopt by reference portions of the briefs of others.
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(g) Additional Authorities. Additional authorities discovered by a party after filing his brief may be
brought to the attention of the court by filing a memorandum thereof with the clerk of the court and serving copies
upon all other parties. The memorandum may not be used as a reply brief or for additional argument, but shall
simply state the issue to which the additional authority applies and provide a full citation of the authority.
Authorities not cited in the briefs nor in such a memorandum may not be cited and discussed in oral argument.
Before the Court of Appeals, the party shall file an original and three copies of the memorandum; in the
Supreme Court, the party shall file an original and 14 copies of the memorandum.
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(h) Reply Briefs. No reply brief will be received or considered by the Court, except in the following
circumstances:
(1) The Court, upon its own initiative, may order a reply brief to be filed and served.
(2) If the appellee has presented in its brief new or additional questions as permitted by Rule 28(c), an
appellant may, within 14 days after service of such brief, file and serve a reply brief limited to
those new or additional questions.
(3) If the parties are notified under Rule 30(f) that the case will be submitted without oral argument on
the record and briefs, an appellant may, within 14 days after service of such notification, file and
serve a reply brief limited to a concise rebuttal to arguments set out in the brief of the appellee
which were not addressed in the appellant’s principal brief or in a reply brief filed pursuant to Rule
28(h)(1).
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(4) If the parties are notified that the case has been scheduled for oral argument, an appellant may,
within 14 days after service of such notification, file and serve a motion for leave to file a reply
brief. The motion shall state concisely the reasons why a reply brief is believed to be desirable or
necessary and the issues to be addressed in the reply brief. The proposed reply brief may be
submitted with the motion for leave and shall be limited to a concise rebuttal to arguments set out
in the brief of the appellee which were not
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addressed in the appellant’s principal brief. Unless
otherwise ordered by the Court, the motion for leave will be determined solely upon the motion
and without responses thereto or oral argument. The clerk of the appellate court will notify the
parties of the Court’s action upon the motion, and, if the motion is granted, the appellant shall file
and serve the reply brief within ten days of such notice.
(5) Motions for extensions of time in relation to reply briefs are disfavored.
(i) Amicus Curiae Briefs. A brief of an amicus curiae may be filed only by leave of the appellate
court wherein the appeal is docketed or in response to a request made by that Court on its own initiative.
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A person desiring to file an amicus curiae brief shall present to the Court a motion for leave to file, served
upon all parties. The motion shall state concisely the nature of the applicant’s interest, the reasons why an amicus
curiae brief is believed desirable, the questions of law to be addressed in the amicus curiae brief and the applicant’s
position on those questions. The proposed amicus curiae brief may be conditionally filed with the motion for leave.
Unless otherwise ordered by the Court, the application for leave will be determined solely upon the motion, and
without responses thereto or oral argument.
The clerk of the appellate court will forthwith notify the applicant and all parties of the court’s action upon
the application.
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Unless other time limits are set out in the order of the Court permitting the brief, the amicus curiae
shall file the brief within the time allowed for the filing of the brief of the party supported or, if in support of neither
party, within the time allowed for filing appellant’s brief. Motions for leave to file an amicus curiae brief submitted
to the Court after the time within which the amicus curiae brief normally would be due are disfavored in the absence
of good cause. Reply briefs of the parties to an amicus curiae brief will be limited to points or authorities presented
in the amicus curiae brief which are not presented in the main briefs of the parties. No reply brief of an amicus
curiae will be received.
A motion of an amicus curiae to participate in oral argument will be allowed only for extraordinary reasons.
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(j) Page Limitations Applicable to Briefs Filed in the Court of Appeals. Each brief filed in the North
Carolina Court of Appeals, whether filed by an appellant, appellee, or amicus curiae, formatted according to Rule 26
and the Appendixes to these Rules, shall have either a page limit or a word-count limit, depending on the type style
used in the brief:
(1) Type.
(A) Type style. Documents must be set in a plain roman style, although italics or
boldface may be used for emphasis. Case names must be italicized or
underlined. Documents may be set in either proportionally spaced or
nonproportionally spaced (monospaced) type.
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(B) Type size.
1. Nonproportionally spaced type (e.g., Courier or Courier New) may not
contain more than 10 characters per inch (12-point).
2. Proportionally spaced type (e.g., Times New Roman), must be 14-point
or larger.
3. Documents set in Courier New 12-point type, or Times New Roman
14-point type will be deemed in compliance with these type-size
requirements.
(2) Document length.
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(A) Length limitations on briefs filed in the Court of Appeals. Every brief filed in
the Court of Appeals, whether filed by an appellant, appellee, or amicus curiae,
shall be subject to either a page limit or a word-count limit, depending on the
type style used in the brief.
1. Page limits for briefs using nonproportional type. The page limit for a
principal brief that uses nonproportional (e.g., Courier) type is 35
pages. The page limit for a reply brief permitted by Rule 28(h)(1), (2),
or (3) is 15 pages, and the page limit for a reply brief permitted by
Rule 28(h)(4) is 12 pages. Unless otherwise ordered by the Court, the
page limit for an amicus curiae brief is 15 pages. A page shall contain
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no more than 27 lines of double-spaced text of no more than 65
characters per line. Covers, indexes, tables of authorities, certificates of
service, and appendixes do not count toward these page limits. The
Court may strike or require resubmission of briefs with excessive
single-spaced passages or footnotes that are used to circumvent these
page limits.
2. Word-count limits for briefs in proportional type. A principal brief that
uses proportional type may contain no more than 8,750 words. A reply
brief permitted by Rule 28(h)(1), (2), or (3) may contain no more than
3,750 words, and a reply brief permitted by Rule 28(h)(4) may contain
no more than 3,000 words. Unless otherwise ordered by the Court, an
amicus curiae brief may contain no more than 3,750 words. Covers,
indexes, tables of authorities, certificates of
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service, certificates of
compliance with this rule, and appendixes do not count against these
word-count limits. Footnotes and citations in the text, however, do
count against these word-count limits. Parties who file briefs in
proportional type shall submit along with the brief, immediately before
the certificate of service, a certification, signed by counsel of record, or,
in the case of parties filing briefs pro se, by the party, that the brief
contains no more than the number of words allowed by this rule. For
purposes of this certification, counsel and parties may rely on word
counts reported by word-processing software, as long as footnotes and
citations are included in those word counts.
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(k) Termination of Parental Rights and Juvenile Matters. No brief shall include the name of a
juvenile or other identifying information, in compliance with Rule 3(b).
RULE 29
SESSIONS OF COURTS; CALENDAR OF HEARINGS
(a) Sessions of Court.
(1) Supreme Court. The Supreme Court shall be in continuous session for the transaction of business.
Unless otherwise scheduled by the Court, hearings in appeals will be held during the week
beginning the second Monday in the months of February through May and September
through December. Additional settings may be authorized by the Chief Justice.
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(2) Court of Appeals. Appeals will be heard in accordance with a schedule promulgated by the Chief
Judge. Panels of the Court will sit as scheduled by the Chief Judge. For the transaction of other
business, the Court of Appeals shall be in continuous session.
(b) Calendaring of Cases for Hearing. Each appellate court will calendar the hearing of all appeals
docketed in the court. In general, appeals will be calendared for hearing in the order which they are docketed, but
the court may vary the order for any cause deemed appropriate. On motion of any party, with notice to all other
parties, the court may determine without hearing to give an appeal peremptory setting or otherwise to vary the
normal calendar order. Except as advanced for peremptory setting on motion of a party or the court’s own initiative,
no appeal will be calendared for hearing at a time less than 30 days after the filing of the appellant’s brief. The clerk
of the appellate court will give reasonable notice to all counsel of record of the setting of an appeal for hearing by
mailing a copy of the calendar.
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RULE 30
ORAL ARGUMENT AND UNPUBLISHED OPINIONS
(a) Order and Content of Argument.
(1) The appellant is entitled to open and conclude the argument. The opening argument shall include a
fair statement of the case. Oral arguments should complement the written briefs, and counsel will
therefore not be permitted to read at length from briefs, records, and authorities.
(2) To the extent practicable, counsel shall refrain from using a juvenile’s name in oral argument and,
instead, refer to the juvenile consistent with the provisions of Rule 3(b).
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(b) Time Allowed for Argument.
(1) In General. Ordinarily a total of thirty minutes will be allowed all appellants and a total of thirty
minutes will be allowed all appellees for oral argument. Upon written or oral application of any
party, the court for good cause shown may extend the times limited for argument. Among other
causes, the existence of adverse interests between multiple appellants or between multiple
appellees may be suggested as good cause for such an extension. The court of its own initiative
may direct argument on specific points outside the times limited. Counsel is not obliged to use all
the time allowed, and the court may terminate argument whenever it considers further argument
unnecessary.
(2) Numerous Counsel. Any number of counsel representing individual appellants or appellees
proceeding separately or jointly may be heard in argument within the times herein limited or
allowed by order of court. When more than one counsel is heard, duplication or supplementation
of argument on the same points shall be avoided unless specifically directed by the court.
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(c) Non-Appearance of Parties. If counsel for any party fails to appear to present oral argument, the
court will hear argument from opposing counsel. If counsel for no party appears, the court will decide the case on
the written briefs unless it orders otherwise.
(d) Submission on Written Briefs. By agreement of the parties, a case may be submitted for decision
on the written briefs; but the court may nevertheless order oral argument prior to deciding the case.
(e) Unpublished Opinions.
(1) In order to minimize the cost of publication and of providing storage space for the published
reports, the Court of Appeals is not required to publish an opinion in every decided case. If the
panel which hears the case determines that the appeal involves no new legal principles and that an
opinion, if published, would have no value as a precedent, it may direct that no opinion be
published.
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(2) The text of a decision without published opinion shall be posted on the Administrative Office of
the Court’s North Carolina Court System Internet web site and reported only by listing the case
and the decision in the Advance Sheets and the bound volumes of the North Carolina Court of
Appeals Reports.
(3) An unpublished decision of the North Carolina Court of Appeals does not constitute controlling
legal authority. Accordingly, citation of unpublished opinions in briefs, memoranda, and oral
arguments in the trial and appellate divisions is disfavored, except for the purpose of establishing
claim preclusion, issue preclusion, or the law of the case. If a party believes, nevertheless, that an
unpublished opinion has precedential value to a material issue in the case and
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that there is no
published opinion that would serve as well, the party may cite the unpublished opinion if that party
serves a copy thereof on all other parties in the case and on the court to whom the citation is
offered. This service may be accomplished by including the copy of the unpublished opinion in an
addendum to a brief or memorandum. A party who cites an unpublished opinion for the first time
at a hearing or oral argument must attach a copy of the unpublished opinion relied upon pursuant
to the requirements of Rule 28(g) (“Additional Authorities”). When citing an unpublished opinion,
a party must indicate the opinion’s unpublished status.
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(4) Counsel of record and pro se parties of record may move for publication of an unpublished
opinion, citing reasons based on Rule 30(e)(1), and serving a copy of the motion upon all other
counsel and pro se parties of record. The motion shall be filed and served within 10 days of the
filing of the opinion. Any objection to the requested publication, by the counsel or pro se parties
of record, must be filed within 5 days after service of the motion requesting publication. The panel
which heard the case shall determine whether to allow or deny such motion.
(f) Pre-Argument Review; Decision of Appeal Without Oral Argument.
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(1) At anytime that the Supreme Court concludes that oral argument in any case pending before it will
not be of assistance to the Court, it may dispose of the case on the record and briefs. In those
cases, counsel will be notified not to appear for oral argument.
(2) The Chief Judge of the Court of Appeals may from time to time designate a panel to review any
pending case, after all briefs are filed but before argument, for decision under this rule. If all of the
judges of the panel to which a pending appeal has been referred conclude that oral argument will
not be of assistance to the Court, the case may be disposed of on record and briefs. Counsel will
be notified not to appear for oral argument.
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RULE 31
PETITION FOR REHEARING
(a) Time for Filing; Content. A petition for rehearing may be filed in a civil action within 15 days
after the mandate of the court has been issued. The petition shall state with particularity the points of fact or law
which, in the opinion of the petitioner, the court has overlooked or misapprehended, and shall contain such argument
in support of the petition as petitioner desires to present. It shall be accompanied by a certificate of at least two
attorneys who for periods of at least five years respectively, shall have been members of the bar of this State and who
have no interest in the subject of the action and have not been counsel for any party to the action, that they have
carefully examined the appeal and the authorities cited in the decision, and that they consider the decision in error on
points specifically and concisely identified. Oral argument in support of the petition will not be permitted.
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(b) How Addressed; Filed. A petition for rehearing shall be addressed to the court which issued the
opinion sought to be reconsidered.
(c) How Determined. Within 30 days after the petition is filed, the court will either grant or deny the
petition. Determination to grant or deny will be made solely upon the written petition; no written response will be
received from the opposing party; and no oral argument by any party will be heard. Determination by the court is
final. The rehearing may be granted as to all or less than all points suggested in the petition. When the petition is
denied the clerk shall forthwith notify all parties.
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(d) Procedure When Granted. Upon grant of the petition the clerk shall forthwith notify the parties
that the petition has been granted. The case will be reconsidered solely upon the record on appeal, the petition to
rehear, new briefs of both parties, and the oral argument if one has been ordered by the court. The briefs shall be
addressed solely to the points specified in the order granting the petition to rehear. The petitioner’s brief shall be
filed within 30 days after the case is certified for rehearing, and the opposing party’s brief, within 30 days after
petitioner’s brief is served upon him. Filing and service of the new briefs shall be in accordance with the
requirements of Rule 13. No reply brief shall be received on rehearing. If the court has ordered oral argument, the
clerk shall give notice of the time set therefor, which time shall be not less than 30 days after the filing of the
petitioner’s brief on rehearing.
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(e) Stay of Execution. When a petition for rehearing is filed, the petitioner may obtain a stay of
execution in the trial court to which the mandate of the appellate court has been issued. The procedure is as
provided for stays pending appeal by Rule 8 of these rules.
(f) Waiver by Appeal from Court of Appeals. The timely filing of a notice of appeal from, or of a
petition for discretionary review of, a determination of the Court of Appeals constitutes a waiver of any right
thereafter to petition the Court of Appeals for rehearing as to such determination or, if a petition for rehearing has
earlier been filed, an abandonment of such petition.
(g) No Petition in Criminal Cases. The courts will not entertain petitions for rehearing in criminal
actions.
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RULE 32
MANDATES OF THE COURTS
(a) In General. Unless a court of the appellate division directs that a formal mandate shall issue, the
mandate of the court consists of certified copies of its judgment and of its opinion and any direction of its clerk as to
costs. The mandate is issued by its transmittal from the clerk of the issuing court to the clerk or comparable officer
of the tribunal from which appeal was taken to the issuing court.
(b) Time of Issuance. Unless a court orders otherwise, its clerk shall enter judgment and issue the
mandate of the court 20 days after the written opinion of the court has been filed with the clerk.
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RULE 33
ATTORNEYS
(a) Appearances. An attorney will not be recognized as appearing in any case unless he is entered as
counsel of record therein. The signature of an attorney on a record on appeal, motion, brief, or other document
permitted by these rules to be filed in a court of the appellate division constitutes entry of the attorney as counsel of
record for the parties designated and a certification that he represents such parties. The signature of a member or
associate in a firm’s name constitutes entry of the firm as counsel of record for the parties designated. Counsel of
record may not withdraw from a case except by leave of court. Only those counsel of record who have personally
signed the brief prior to oral argument may be heard in argument.
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(b) Signatures on Electronically Filed Documents. If more than one attorney is listed as being an
attorney for the party(ies) on an electronically filed document, it is the responsibility of the attorney actually filing
the document from his or her computer to (1) list his or her name first on the document, and (2) place on the
document under his or her signature line the following statement: “I certify that all of the attorneys listed below have
authorized me to list their names on this document as if they had personally signed it.”
(c) Agreements. Only those agreements of counsel which appear in the record on appeal or which are
filed in the court where an appeal is docketed will be recognized by that court.
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RULE 33A
SECURE LEAVE PERIODS FOR ATTORNEYS
(a) Purpose, Authorization. In order to secure for the parties to actions and proceedings pending in
the Appellate Division, and to the public at large, the heightened level of professionalism that an attorney is able to
provide when the attorney enjoys periods of time that are free from the urgent demands of professional responsibility
and to enhance the overall quality of the attorney’s personal and family life, any attorney may from time to time
designate and enjoy one or more secure leave periods each year as provided in this Rule.
(b) Length, Number. A secure leave period shall consist of one or more complete calendar weeks.
During any calendar year, an attorney’s secure leave periods pursuant to this Rule and to Rule 26 of the General
Rules of Practice for the Superior and District Courts shall not exceed, in the aggregate, three calendar weeks.
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(c) Designation, Effect. To designate a secure leave period an attorney shall file a written designation
containing the information required by subsection (D), with the official specified in subsection (E), and within the
time provided in subsection (F). Upon such filing, the secure leave period so designated shall be deemed allowed
without further action of the court, and the attorney shall not be required to appear at any argument or other in-court
proceeding in the Appellate Division during that secure leave period.
(d) Content of Designation. The designation shall contain the following information: (1) the
attorney’s name, address, telephone number and state bar number, (2) the date of the Monday on which the secure
leave period is to begin and of the Friday on which it is to end, (3) the dates of all other secure leave periods during
the current calendar year that have previously been designated by the attorney pursuant to this Rule and to Rule 26 of
the General Rules of
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Practice for the Superior and District Courts, (4) a statement that the secure leave period is not
being designated for the purpose of delaying, hindering or interfering with the timely disposition of any matter in any
pending action or proceeding, and (5) a statement that no argument or other in-court proceeding has been scheduled
during the designated secure leave period in any matter pending in the Appellate Division in which the attorney has
entered an appearance.
(e) Where to File Designation. The designation shall be filed as follows: (1) if the attorney has
entered an appearance in the Supreme Court, in the office of the Clerk of the Supreme Court; (2) if the attorney has
entered an appearance in the Court of Appeals, in the office of the Clerk of Court of Appeals.
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(f) When to File Designation. To be effective, the designation shall be filed: (1) no later than ninety
(90) days before the beginning of the secure leave period, and (2) before any argument or other in-court proceeding
has been scheduled for a time during the designated secure leave period.
RULE 34
FRIVOLOUS APPEALS; SANCTIONS
(a) A court of the appellate division may, on its own initiative or motion of a party, impose a sanction
against a party or attorney or both when the court determines that an appeal or any proceeding in an appeal was
frivolous because of one or more of the following:
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(1) the appeal was not well grounded in fact and warranted by existing law or a good faith argument
for the extension, modification, or reversal of existing law;
(2) the appeal was taken or continued for an improper purpose, such as to harass or to cause
unnecessary delay or needless increase in the cost of litigation;
(3) a petition, motion, brief, record, or other paper filed in the appeal was so grossly lacking in the
requirements of propriety, grossly violated appellate court rules, or grossly disregarded the
requirements of a fair presentation of the issues to the appellate court.
(b) A court of the appellate division may impose one or more of the following sanctions:
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(1) dismissal of the appeal;
(2) monetary damages including, but not limited to,
a. single or double costs,
b. damages occasioned by delay,
c. reasonable expenses, including reasonable attorney fees, incurred because of the
frivolous appeal or proceeding;
(3) any other sanction deemed just and proper.
(c) A court of the appellate division may remand the case to the trial division for a hearing to
determine one or more of the sanctions under (b)(2) or (b)(3) of this rule.
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(d) If a court of the appellate division remands the case to the trial division for a hearing to determine
a sanction under (c) of this rule, the person subject to sanction shall be entitled to be heard on that determination in
the trial division.
RULE 35
COSTS
(a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be
taxed against the appellant unless otherwise agreed by the parties or ordered by the court; if a judgment is affirmed,
costs shall be taxed against the appellant unless otherwise ordered by the court; if a judgment is reversed, costs shall
be taxed against the appellee unless otherwise ordered; if a judgment is affirmed in part, reversed in part, or modified
in any way, costs shall be allowed as directed by the court.
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(b) Direction as to Costs in Mandate. The clerk shall include in the mandate of the court an itemized
statement of costs taxed in the appellate court and designate the party against whom taxed.
(c) Costs of Appeal Taxable in Trial Tribunals. Any costs of an appeal which are assessable in the
trial tribunal shall upon receipt of the mandate be taxed as directed therein, and may be collected by execution of the
trial tribunal.
(d) Execution to Collect Costs in Appellate Courts. Costs taxed in the courts of the appellate division
may be made the subject of execution issuing from the court where taxed. Such execution may be directed by the
clerk of the court to the proper officers of any county of the State; may be issued at any time after the mandate of the
court has been issued; and may be
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made returnable on any day named. Any officer to whom such execution is
directed is amenable to the penalties prescribed by law for failure to make due and proper return.
RULE 36
TRIAL JUDGES AUTHORIZED TO ENTER ORDERS UNDER THESE RULES
(a) When Particular Judge Not Specified by Rule. When by these rules a trial court or a judge thereof
is permitted or required to enter an order or to take some other judicial action with respect to a pending appeal and
the rule does not specify the particular judge with authority to do so, the following judges of the respective courts
have such authority with respect to causes docketed in their respective divisions:
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(1) Superior court: the judge who entered the judgment, order, or other determination from which
appeal was taken, and any regular or special judge resident in the district or assigned to hold courts
in the district wherein the cause is docketed;
(2) District court: the judge who entered the judgment, order, or other determination from which
appeal was taken; the chief district judge of the district wherein the cause is docketed; and any
judge designated by such chief district judge to enter interlocutory orders under G.S. § 7A-192.
(b) Upon Death, Incapacity, or Absence of Particular Judge Authorized. When by these rules the
authority to enter an order or to take other judicial action is limited to a particular judge and that judge is unavailable
for the purpose by reason of death, mental or physical incapacity, or absence from the state, the Chief Justice will
upon motion of any party designate another judge to act in the matter. Such designation will be by order entered ex
parte, copies of which will be mailed forthwith by the Clerk of the Supreme Court to the judge designated and to all
parties.
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RULE 37
MOTIONS IN APPELLATE COURTS
(a) Time; Content of Motions; Response. An application to a court of the appellate division for an
order or for other relief available under these rules may be made by filing a motion for such order or other relief with
the clerk of the court, with service on all other parties. Unless another time is expressly provided by these rules, the
motion may be filed and served at any time before the case is called for oral argument. The motion shall contain or
be accompanied by any matter required by a specific provision of these rules governing such a motion and shall state
with particularity the grounds on which it is based and the order or relief sought. If a motion is supported by
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affidavits, briefs, or other papers, these shall be served and filed with the motion. Within 10 days after a motion is
served upon him or until the appeal is called for oral argument, whichever period is shorter, a party may file and
serve copies of a response in opposition to the motion, which may be supported by affidavits, briefs, or other papers
in the same manner as motions. The court may shorten or extend the time for responding to any motion.
(b) Determination. Notwithstanding the provisions of Rule 37(a), a motion may be acted upon at any
time, despite the absence of notice to all parties, and without awaiting a response thereto. A party who has not
received actual notice of such a motion or who has not filed a response at the time such action is taken, and who is
adversely affected by the action may request reconsideration, vacation or modification thereof. Motions will be
determined without argument, unless the court orders otherwise.
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(c) Termination of Parental Rights and Juvenile Matters. Any motion or response to a motion filed in
the appellate courts shall not include the name of a juvenile, in compliance with Rule 3(b).
(d) Withdrawal of Appeal in Criminal Cases. Withdrawal of appeal in criminal cases shall be in
accordance with G.S. § 15A-1450. In addition to the requirements of G.S. § 15A-1450, after the record on appeal in
a criminal case has been filed in an appellate court but before the filing of an opinion, the defendant shall also file a
written notice of the withdrawal with the clerk of the appropriate appellate court.
(e) Withdrawal of Appeal in Civil Cases.
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(1) Prior to the filing of a record on appeal in the appellate court, an appellant or
cross-appellant may, without the consent of the other party, file a notice of
withdrawal of its appeal with the tribunal from which appeal has been taken.
Alternatively, prior to the filing of a record on appeal, the parties may file a
signed stipulation agreeing to dismiss the appeal with the tribunal from which
the appeal has been taken.
(2) After the record on appeal has been filed, an appellant or cross-appellant or all
parties jointly may move the appellate court in which the appeal is pending,
prior to the filing of an opinion, for dismissal of the appeal. The motion must
specify the reasons therefor, the positions of all parties on the motion to dismiss,
and the positions of all parties on the allocation of taxed costs. The appeal may
be dismissed by order upon such terms as agreed to by the parties or as fixed by
the appellate court.
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(f) Effect of Withdrawal of Appeal. The withdrawal of an appeal shall not affect the right of any other party to file or continue such party’s appeal or cross-appeal.
RULE 38
SUBSTITUTION OF PARTIES
(a) Death of a Party. No action abates by reason of the death of a party while an appeal may be taken
or is pending, if the cause of action survives. If a party acting in an individual capacity dies after appeal is taken
from any tribunal, the personal representative of the deceased party in a personal action, or the successor in interest
of the deceased party in a real action may be substituted as a party on motion filed by the representative or the
successor in interest or by any other party with the clerk of the court in which the action is then docketed. A motion
to substitute made by a
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party shall be served upon the personal representative or successor in interest in addition to
all other parties. If such a deceased party in a personal action has no personal representative, any party may in
writing notify the court of the death, and the court in which the action is then docketed shall direct the proceedings to
be had in order to substitute a personal representative.
If a party against whom an appeal may be taken dies after entry of a judgment or order but before appeal is
taken, any party entitled to appeal therefrom may
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proceed as appellant as if death had not occurred; and after appeal
is taken, substitution may then be effected in accordance with this subdivision. If a party entitled to appeal dies
before filing a notice of appeal, appeal may be taken by his personal representative, or, if he has no personal
representative, by his attorney of record within the time and in the manner prescribed in these rules; and after appeal
is taken, substitution may then be effected in accordance with this rule.
(b) Substitution for Other Causes. If substitution of a party to an appeal is necessary for any reason
other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a).
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(c) Public Officers; Death or Separation from Office. When a person is a party to an appeal in an
official or representative capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action
does not abate and his successor is automatically substituted as a party. Prior to the qualification of a successor, the
attorney of record for the former party may take any action required by these rules to be taken. An order of
substitution may be made, but neither failure to enter such an order nor any misnomer in the name of a substituted
party shall affect the substitution unless it be shown that the same affected the substantial rights of a party.
RULE 39
DUTIES OF CLERKS; WHEN OFFICES OPEN
(a) General Provisions. The clerks of the courts of the appellate division shall take the oaths and give
the bonds required by law. The courts shall be deemed always open for the purpose of filing any proper paper and of
making motions and issuing orders. The offices
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of the clerks with the clerks or deputies in attendance shall be open
during business hours on all days except Saturdays, Sundays, and legal holidays, but the respective courts may
provide by order that the offices of their clerks shall be open for specified hours on Saturdays or on particular legal
holidays or shall be closed on particular business days.
(b) Records to Be Kept. The clerk of each of the courts of the appellate division shall keep and
maintain the records of that court, on paper, microform, or electronic media, or any combination thereof. The
records kept by the clerk shall include indexed listings of all cases docketed in that court, whether by appeal,
petition, or motion and a notation of the dispositions attendant thereto; a listing of final judgments on appeals before
the court, indexed by title, docket number, and parties, containing a brief memorandum of the judgment of the court
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RULE 40
CONSOLIDATION OF ACTIONS ON APPEAL
Two or more actions which involve common questions of law may be consolidated for hearing upon motion
of a party to any of the actions made to the appellate court wherein all are docketed, or upon the initiative of that
court. Actions so consolidated will be calendared and heard as a single case. Upon consolidation, the parties may
set the course of argument, within the times permitted by N.C. R. App. P. 30(b), by written agreement filed with the
court prior to oral argument. This agreement shall control unless modified by the court.
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RULE 41
APPEAL INFORMATION STATEMENT
(a) The Court of Appeals has adopted an APPEAL INFORMATION STATEMENT which will be
revised from time to time. The purpose of the APPEAL INFORMATION STATEMENT is to provide the Court the
substance of an appeal and the information needed by the Court for effective case management.
(b) Each appellant shall complete, file and serve the APPEAL INFORMATION STATEMENT as set
out in this Rule.
(1) The Clerk of the Court of Appeals shall furnish an APPEAL INFORMATION
STATEMENT form to all parties to the appeal when the record on appeal is
docketed in the Court of Appeals.
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(2) Each appellant shall complete and file the APPEAL INFORMATION
STATEMENT with the Clerk of the Court of Appeals at or before the time his or
her appellant’s brief is due and shall serve a copy of the statement upon all other
parties to the appeal pursuant to Rule 26. The APPEAL INFORMATION
STATEMENT may be filed by mail addressed to the clerk and, if first class mail
is utilized, is deemed filed on the date of mailing as evidenced by the proof of
service. For cases arising out of termination of parental rights and juvenile
matters, the name of the juvenile shall not be included in the APPEAL
INFORMATION STATEMENT, in compliance with Rule 3(b).
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(3) If any party to the appeal concludes that the APPEAL INFORMATION
STATEMENT is in any way inaccurate or incomplete, that party may file with
the Court of Appeals a written statement setting out additions or corrections
within 7 days of the service of the APPEAL INFORMATION STATEMENT
and shall serve a copy of the written statement upon all other parties to the
appeal pursuant to Rule 26. The written statement may be filed by mail
addressed to the clerk and, if first class mail is utilized, is deemed filed on the
date of mailing as evidenced by the proof of service.
RULE 42
TITLE
The title of these rules is “North Carolina Rules of Appellate Procedure.” They may be so cited either in
general references or in reference to particular rules. In reference to particular rules the abbreviated form of citation,“N.C. R. App. P. ...,” is also appropriate.
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