Rule 1. Title; Scope of Rules; Trial Tribunal Defined

(a)

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.

(b)

Scope of Rules. These rules govern procedure in all appeals from the

courts of the trial division to the courts of the appellate division; in appeals in civil

and criminal cases from the Court of Appeals to the Supreme Court; in direct appeals

from administrative tribunals to the appellate division; and in applications to the

courts of the appellate division for writs and other relief which the courts or judges

thereof are empowered to give.

(c)

Rules Do Not Affect Jurisdiction. These rules shall not be construed

to extend or limit the jurisdiction of the courts of the appellate division as that is

established by law.

(d)

Definition of Trial Tribunal. As used in these rules, the term “trial

tribunal” includes the superior courts, the district courts, and any administrative

agencies, boards, or commissions from which appeals lie directly to the appellate

division.

History Note.

287 N.C. 671; 312 N.C. 803; 324 N.C. 613; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763.

Editor’s Note.

Former Rule 41, “Title,” was renumbered as Rule 42 on 3 March 1994, 368 N.C. 1067, and then

later recodified as Rule 1(a) on 2 July 2009, 363 N.C. 901.