Rule 3. Appeal in Civil Cases—How and When Taken

(a)

Filing the Notice of Appeal. Any party entitled by law to appeal from

a judgment or order of a superior or district court rendered in a civil action or special

proceeding may take appeal by filing notice of appeal with the clerk of superior court

and serving copies thereof upon all other parties within the time prescribed by

subsection (c) of this rule.

(b)

Special Provisions. Appeals in the following types of cases shall be

taken in the time and manner set out in the General Statutes and Rules of Appellate

Procedure sections noted:

(1)

Juvenile matters pursuant to N.C.G.S. § 7B-2602.

(2)

Appeals pursuant to N.C.G.S. § 7B-1001 shall be subject to the

provisions of Rule 3.1.

(c)

Time for Taking Appeal. In civil actions and special proceedings, a

party must file and serve a notice of appeal:

(1)

within thirty days after entry of judgment if the party has been

served with a copy of the judgment within the three-day period

prescribed by Rule 58 of the Rules of Civil Procedure; or

(2)

within thirty days after service upon the party of a copy of the

judgment if service was not made within that three-day period;

provided that

(3)

if a timely motion is made by any party for relief under Rules

50(b), 52(b) or 59 of the Rules of Civil Procedure, the thirty-day

period for taking appeal is tolled as to all parties until entry of an

order disposing of the motion and then runs as to each party from

the date of entry of the order or its untimely service upon the

party, as provided in subdivisions (1) and (2) of this subsection (c).

In computing the time for filing a notice of appeal, the provision for additional

time after service by mail in Rule 27(b) of these rules and Rule 6(e) of the Rules of

Civil Procedure shall not apply.

If timely notice of appeal is filed and served by a party, any other party may

file and serve a notice of appeal within ten days after the first notice of appeal was

served on such party.

(c).

In computing the time for filing a notice of appeal, the provision for additional

time after service by mail in Rule 27(b) of these rules and Rule 6(e) of the Rules of

Civil Procedure shall not apply.

If timely notice of appeal is filed and served by a party, any other party may

file and serve a notice of appeal within ten days after the first notice of appeal was

served on such party.

(d)

Content of Notice of Appeal. The notice of appeal required to be filed

and served by subsection (a) of this rule shall specify the party or parties taking the

appeal; shall designate the judgment or order from which appeal is taken and the

court to which appeal is taken; and shall be signed by counsel of record for the party

or parties taking the appeal, or by any such party not represented by counsel of

record.

(e)

Service of Notice of Appeal. Service of copies of the notice of appeal

may be made as provided in Rule 26.

History Note.

287 N.C. 671; 368 N.C. 1067; 324 N.C. 585; 324 N.C. 613; 337 N.C. 821; 345 N.C. 765;

354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 358 N.C. 829; 360 N.C. 661; 360 N.C. 820; 360 N.C. 852;

363 N.C. 901; 369 N.C. 763; 371 N.C. 974.