Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code

(a)

Scope. This rule applies in appeals filed under N.C.G.S. § 7B-1001 and

in cases certified for review by the appellate courts in which the right to appeal under

this statute has been lost.

(b)

Filing the Notice of Appeal. Any party entitled to an appeal under

N.C.G.S. § 7B-1001(a) and (a1) may take appeal by filing notice of appeal with the

clerk of superior court and serving copies of the notice on all other parties in the time

and manner set out in N.C.G.S. § 7B-1001(b) and (c).

(c)

Expediting the Delivery of the Transcript. The clerk of superior

court must complete the Expedited Juvenile Appeals Form within one business day

after the notice of appeal is filed. The court reporting manager of the Administrative

Office of the Courts must assign a transcriptionist for the appeal within five business

days after the clerk completes the form.

The transcriptionist must produce the transcript of the entire proceedings at

the State’s expense if there is an order that establishes the indigency of the appellant.

Otherwise, the appellant has ten days after the transcriptionist is assigned to

contract for the transcription of the entire proceedings. In either situation, the

transcriptionist must deliver electronically the transcript to each party to the appeal

within forty days after receiving the assignment.

(d)

Expediting the Filing of the Record on Appeal. The parties may

settle the record on appeal by agreement at any time before the record on appeal is

settled by any other procedure described in this subsection.

Absent agreement, the appellant must serve a proposed record on appeal on

each party to the appeal within fifteen days after delivery of the transcript.

Within ten days after having been served with the proposed record on appeal, the

appellee may serve on each party to the appeal:

Rule 3.1

(1)

a notice of approval of the proposed record on appeal;

(2)

specific objections or amendments to the proposed record on

appeal; or

serve a proposed record on appeal on

each party to the appeal within fifteen days after delivery of the transcript.

Within ten days after having been served with the proposed record on appeal, the

appellee may serve on each party to the appeal:

Rule 3.1

(1)

a notice of approval of the proposed record on appeal;

(2)

specific objections or amendments to the proposed record on

appeal; or

(3)

a proposed alternative record on appeal.

If the appellee serves a notice of approval, then this notice settles the record on

appeal. If the appellee serves specific objections or amendments, or a proposed

alternative record on appeal, then the provisions of Rule 11(c) apply. If the appellee

fails to serve a notice of approval, specific objections or amendments, or a proposed

alternative record on appeal, then the expiration of the ten-day period to serve one of

these documents settles the record on appeal.

The appellant must file the record on appeal within five business days after

the record is settled.

(e)

No-Merit Briefs. When counsel for the appellant concludes that there

is no issue of merit on which to base an argument for relief, counsel may file a

no-merit brief. The appellant then may file a pro se brief within thirty days after the

date of the filing of counsel’s no-merit brief.

In the no-merit brief, counsel must identify any issues in the record on appeal

that arguably support the appeal and must state why those issues lack merit or would

not alter the ultimate result. Counsel must provide the appellant with a copy of the

no-merit brief, the transcript, the printed record on appeal, and any supplements or

exhibits that have been filed with the appellate court. Counsel must inform the

appellant in writing that the appellant may file a pro se brief and that the pro se brief

is due within thirty days after the date of the filing of the no-merit brief.

Counsel must attach evidence of this communication to the no-merit brief.

ief, the transcript, the printed record on appeal, and any supplements or

exhibits that have been filed with the appellate court. Counsel must inform the

appellant in writing that the appellant may file a pro se brief and that the pro se brief

is due within thirty days after the date of the filing of the no-merit brief.

Counsel must attach evidence of this communication to the no-merit brief.

(f)

Word-Count Limitations Applicable to Briefs. Briefs filed in the

Supreme Court or in the Court of Appeals must comply with the word-count

limitations found in Rule 28(j).

(g)

Motions for Extensions of Time. Motions for extensions of time to

produce and deliver the transcript, to file the record on appeal, and to file briefs are

disfavored and will be allowed by the appellate courts only in extraordinary

circumstances.

(h)

Duty of Trial Counsel. Trial counsel for the appellant has a duty to

assist appellate counsel with the preparation and service of appellant’s proposed

record on appeal.

(i)

Electronic Filing Required. Unless granted an exception for good

cause, counsel must file all documents electronically.

History Note.

360 N.C. 661; 360 N.C. 820; 360 N.C. 852; 362 N.C. 699; 363 N.C. 901; 369 N.C. 763;

371 N.C. 974; 372 N.C. 902.