How to Appeal to the North Carolina Court of Appeals
How to Appeal to the North Carolina Court of Appeals
The information provided below provides the process for filing a civil appeal, step-by-step, to the North Carolina Court of Appeals. It is based upon the North Caroline Rules of Appellate Procedure. This article is not intended to constitute legal advice, nor should it be construed in any manner to be relied upon by people representing themselves in an appeal.
In any appeal, you should consult an experienced appellate attorney to represent you in your appeal. Call Appeals Law Group today for seasoned counsel.
The Steps for an Appeal in North Carolina
1. In a criminal case, Notice of Appeal must be served within 14 days of the sentencing.
In a civil case, Notice of Appeal must be filed within 30 days of the date of the final judgment or order to be appealed. Rule 3(c)(1). A notice of cross-appeal must be filed within 10 days after notice of appeal is given. Rule 3(c).
NOTE: The 3-day mail box rule does NOT apply.
2. Within 14 days after the Notice of Appeal has been filed, the appellant must enter into a contract for transcription with a court-approved court reporter, and file and serve a certification of the same with the trial court, opposing counsel, and the court reporter. Rule 7(a)(1)
3. The court reporter must complete the transcript within 60 days. Rule 7(b)(1).
4. Within 35 days after the court reporter delivers the transcripts (or 35 days after the Notice of Appeal is filed, whichever is later), the parties can stipulate to settle the record on appeal. Rule 11(a).
5. If the record on appeal is not settled by agreement, Appellant must serve a proposed record on appeal upon opposing counsel within 35 days. Rule 11(b).
6. Within 30 days after service of the proposed record on appeal, the Appellee may serve any objections. Rule 11(b).
7. If no timely objection is made, the proposed record on appeal, it becomes the record on appeal. Rule 11(b).
8. If timely objection is made, the record is deemed settled after 10 days. Rule 11(c).
NOTE: There are additional procedures in Rule 11(c) if there is a dispute about the contents of the record on appeal.
9. Within 10 days, the Appellant can request judicial settlement of the record. Rule 11(c), 18(d)(3).
10. Judicial settlement of the record must be scheduled for 20 days after the request is made. Rule 11(c), 18(d)(3)
11. Within 15 days after the record on appeal is settled, Appellant must file the record on appeal with the Court of Appeals. Rule 12(a).
12. Appellant must pay the filing fee, and then the case is docketed in the Court of Appeals. Rule 12(b).
13. Appellant must file one copy of the record on appeal and 3 copies of each exhibit, 3 copies of any supplement, and file the transcript electronically. Rule 12(c).
14. The clerk will then mail the printed record on appeal to the parties, along with a blank Appeal Information Statement for the Appellant to complete and return and serve on opposing counsel prior to the filing of the brief. Rule 41(b).
15. Within 30 days after the mailing of the printed record on appeal, Appellant files and serves the brief. Rule 13(a)(1).
16. Appellee files and serves their brief within 30 days of receipt. Rule 13(a)(1).
17. Reply briefs are not permitted unless the Court of Appeals orders one to be filed and served (Rule 28(h)(1)); the Appellee presents new or additional issues (Rule 28(h)(2)); if the parties are notified that the case will be submitted without oral argument (Rule 28(h)(3)); if the case is going to oral argument, the Appellant may file a motion for permission to file a reply brief (Rule 28(h)(4).
Reply briefs, if authorized, must be filed within 14 days of the filing of the Appellee's brief.
18. A petition for rehearing may be filed within 15 days of the issuance of the mandate. Rule 31(a). No oral argument or response is permitted. Rule 31(c).
NOTE: Petitions for Rehearing are not permitted in criminal cases. Rule 31(g).
19. The Court of Appeals will decide any petition for rehearing within 30 days after filing. Rule 31(c).
20. If rehearing is granted, the Court of Appeals permits the petitioner's new brief to be filed within 30 days of the date of decision granting rehearing. Rule 31(d).
21. The respondent's brief must be filed 30 days after the filing of the petitioner's brief. Rule 31(d)
22. No reply briefs is permitted. Rule 31(d)
23. If oral argument is granted, it must be held within 30 days of the filing of the petitioner's brief. Rule 31(d).
24. A mandate is issued within 20 days after the Court of Appeals issues a written decision. Rule 32(b).
Filing for an appeal can be a complex process. Call Appeals Law Group today at (888) 241-8181 for legal guidance.
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