# N.C. R. App. P. 3 (version codified 11 September 2019, superseded): Rule 3. Appeal in Civil Cases—How and When Taken

> North Carolina · Court rules · Superseded

URL: https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_V20190911

## Section

- **Citation:** N.C. R. App. P. 3 (version codified 11 September 2019, superseded)
- **Heading:** Rule 3. Appeal in Civil Cases—How and When Taken
- **Jurisdiction:** North Carolina
- **Kind:** Court rules
- **Status:** Superseded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** North Carolina Court Rules / North Carolina Rules of Appellate Procedure / N.C. R. App. P. 3 (version codified 11 September 2019, superseded)

## Text

(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; Order Dated 19 December 2018.

## Nearby sections

- [N.C. R. App. P. 1 Rule 1. Title; Scope of Rules; Trial Tribunal Defined](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R1.md)
- [N.C. R. App. P. 2 Rule 2. Suspension of Rules](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R2.md)
- [N.C. R. App. P. 3 Rule 3. Appeal in Civil Cases—How and When Taken](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3.md)
- [N.C. R. App. P. 3 (version codified 11 September 2019, superseded) Rule 3. Appeal in Civil Cases—How and When Taken](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_V20190911.md)
- [N.C. R. App. P. 3.1 Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_1.md)
- [N.C. R. App. P. 3.1 (version codified 1 January 2022, superseded) Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_1_V20220101.md)
- [N.C. R. App. P. 3.1 (version codified 7 January 2019, superseded) Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_1_V20190107.md)
- [N.C. R. App. P. 3.1 (version codified 11 September 2019, superseded) Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_1_V20190911.md)
- [N.C. R. App. P. 3.1 (version codified 14 January 2021, superseded) Rule 3.1. Review in Cases Governed by Subchapter I of the Juvenile Code](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_1_V20210114.md)
- [N.C. R. App. P. 4 Rule 4. Appeal in Criminal Cases—How and When Taken](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R4.md)
- [N.C. R. App. P. 4 (version codified 11 September 2019, superseded) Rule 4. Appeal in Criminal Cases—How and When Taken](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R4_V20190911.md)
- [N.C. R. App. P. 5 Rule 5. Joinder of Parties on Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R5.md)
- [N.C. R. App. P. 5 (version codified 1 January 2022, superseded) Rule 5. Joinder of Parties on Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R5_V20220101.md)
- [N.C. R. App. P. 5 (version codified 14 January 2021, superseded) Rule 5. Joinder of Parties on Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R5_V20210114.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRAP_R3_V20190911. Check the current official text before relying on it. Not legal advice.
