Rule 42. Protecting Identities—Sealed Items and Identification Numbers

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North Carolina Court Rules › North Carolina Rules of Appellate Procedure › N.C. R. App. P. 42 (version codified 26 August 2020, superseded)

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Text

(a)

Items Sealed in the Trial Tribunal. Items sealed in the trial tribunal

remain under seal in the appellate courts. When these items are filed with the

appellate courts, counsel must attach a copy of the order, statute, or other legal

authority that sealed the item below.

(b)

Items Sealed by Operation of Rule. By virtue of this subsection,

items filed with the appellate courts are under seal in the following matters:

(1)

Appeals filed under N.C.G.S. § 7B-1001;

(2)

Appeals filed under N.C.G.S. § 7B-2602;

(3)

Appeals filed under N.C.G.S. § 7A-27 that involve a sexual offense

committed against a minor; and

(4)

Cases in which the right to appeal under one of these statutes has

been lost.

In briefs, motions, and petitions filed in these matters, counsel must use

initials or a pseudonym instead of the minor’s name. Counsel for each party must

agree on the initials or pseudonym and must include a stipulation that evidences this

agreement in the record on appeal.

(c)

Items Sealed by the Appellate Courts. If an item was not sealed in

the trial tribunal or by operation of rule, then counsel may move the appellate court

to seal that item. Items subject to a motion to seal will be held under seal pending

the appellate court’s disposition of the motion.

(d)

Labeling Sealed Items. Documents filed with the appellate courts

that are under seal must display at the top of the first page this notice:

UNDER SEAL AND SUBJECT TO PUBLIC INSPECTION ONLY

BY ORDER OF A COURT OF THE APPELLATE DIVISION

If the document under seal is included within another document, then this notice

must also be displayed at the top of the first page of that other document.

Non-documentary items filed with the appellate courts that are under seal must be

submitted in an envelope or box that displays the same notice.

DER SEAL AND SUBJECT TO PUBLIC INSPECTION ONLY

BY ORDER OF A COURT OF THE APPELLATE DIVISION

If the document under seal is included within another document, then this notice

must also be displayed at the top of the first page of that other document.

Non-documentary items filed with the appellate courts that are under seal must be

submitted in an envelope or box that displays the same notice.

(e)

Identification Numbers. Driver license numbers, financial account

numbers, social security numbers, and tax identification numbers must be excluded

or redacted from all documents that are filed with the appellate courts unless the

number is necessary to the disposition of the appeal. If the number is necessary to

the disposition of the appeal, then counsel may move to seal the documents in which

the number appears.

History Note.

368 N.C. 1067; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.

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.

Appendixes to the North Carolina Rules of Appellate Procedure

Appendix A. Timetables for Appeals

Timetable of Appeals from Trial Division and Administrative Tribunals

Under Articles II and IV of the Rules of Appellate Procedure

Action

Time (Days)

From date of

Rule Ref.

Taking Appeal (Civil)

Entry of Judgment

(Unless Tolled)

3(c)

Cross-Appeal

Service and Filing of a

Timely Notice of Appeal

3(c)

Taking Appeal

(Administrative

Tribunal)

Receipt of Final

Administrative Tribunal

Decision (Unless

Statutes Provide

Otherwise)

18(b)(2)

Taking Appeal

(Criminal)

Entry of Judgment

(Unless Tolled)

4(a)

Ordering Transcript

(Civil, Administrative

Tribunal)

Filing Notice of Appeal

7(a)(1)

18(b)(3)

Ordering Transcript

(Criminal Indigent)

Order Filed by Clerk of

Superior Court

7(a)(2)

Preparing and

Delivering Transcript

(Civil, Non-Capital

Criminal)

(Capital Criminal)

120

ide

Otherwise)

18(b)(2)

Taking Appeal

(Criminal)

Entry of Judgment

(Unless Tolled)

4(a)

Ordering Transcript

(Civil, Administrative

Tribunal)

Filing Notice of Appeal

7(a)(1)

18(b)(3)

Ordering Transcript

(Criminal Indigent)

Order Filed by Clerk of

Superior Court

7(a)(2)

Preparing and

Delivering Transcript

(Civil, Non-Capital

Criminal)

(Capital Criminal)

120

Service of Order for

Transcript

7(b)(1)

Serving Proposed

Record on Appeal

(Civil, Non-Capital

Criminal)

(Administrative

Tribunal)

Notice of Appeal (No

Transcript) or Court

Reporter’s Certificate of

Delivery of Transcript

11(b)

18(d)

Serving Proposed

Record on Appeal

(Capital)

Court Reporter’s

Certificate of Delivery

11(b)

Appendix A

Serving Objections or

Proposed Alternative

Record on Appeal

(Civil, Non-Capital

Criminal)

(Capital Criminal)

(Administrative

Tribunal)

Service of Proposed

Record

Service of Proposed

Record

11(c)

18(d)(2)

Requesting Judicial

Settlement of Record

Expiration of the Last

Day Within Which an

Appellee Who Has Been

Served Could Serve

Objections, etc.

11(c)

18(d)(3)

Judicial Settlement of

Record

Service on Judge of

Request for Settlement

11(c)

18(d)(3)

Filing Record on Appeal

in Appellate Court

Settlement of Record on

Appeal

12(a)

Filing Appellant’s Brief

(or Mailing Brief Under

Rule 26(a))

Filing the Record on

Appeal in Appellate

Court (60 Days in Death

Cases)

13(a)

Filing Appellee’s Brief

(or Mailing Brief Under

Rule 26(a))

Service of Appellant’s

Brief (60 Days in Death

Cases)

13(a)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

Service of Appellee’s

Brief

28(h)

Oral Argument

Filing Appellant’s Brief

(Usual Minimum Time)

Certification or Mandate

Issuance of Opinion

Petition for Rehearing

(Civil Action Only)

Mandate

31(a)

Appendix A

f Under

Rule 26(a))

Service of Appellant’s

Brief (60 Days in Death

Cases)

13(a)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

Service of Appellee’s

Brief

28(h)

Oral Argument

Filing Appellant’s Brief

(Usual Minimum Time)

Certification or Mandate

Issuance of Opinion

Petition for Rehearing

(Civil Action Only)

Mandate

31(a)

Appendix A

Timetable of Appeals from Trial Division Under Article II, Rule 3.1, of the

Rules of Appellate Procedure

Action

Time (Days)

From date of

Rule Ref.

Taking Appeal

Entry of Judgment

3.1(b);

N.C.G.S.

§ 7B-

1001

Notifying Court

Reporting Manager

1 (Business)

Filing Notice of Appeal

3.1(c)

Assigning

Transcriptionist

5 (Business)

Completion of Expedited

Juvenile Appeals Form

3.1(c)

Delivering a Transcript

of the Proceedings

Assignment by Court

Reporting Manager

3.1(c)

Serving Proposed

Record on Appeal

Delivery of Transcript

3.1(d)

Serving Notice of

Approval, Specific

Objections or

Amendments, or

Proposed Alternative

Record on Appeal

Service of Proposed

Record on Appeal

3.1(d)

Requesting Judicial

Settlement of Record

Expiration of the Last

Day Within Which an

Appellee Who Has Been

Served Could Serve

Objections, etc.

3.1(d);

11(c)

Judicial Settlement of

Record

Service on Judge of

Request for Settlement

3.1(d);

11(c)

Filing Record on Appeal

in Appellate Court

5 (Business)

Settlement of Record on

Appeal

3.1(d)

Filing Appellant’s Brief

Filing of Record on

Appeal

13(a)(1)

Filing Appellee’s Brief

Service of Appellant’s

Brief

13(a)(1)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

Service of Appellee’s Brief

13(a)(1);

28(h)

Appendix A

for Settlement

3.1(d);

11(c)

Filing Record on Appeal

in Appellate Court

5 (Business)

Settlement of Record on

Appeal

3.1(d)

Filing Appellant’s Brief

Filing of Record on

Appeal

13(a)(1)

Filing Appellee’s Brief

Service of Appellant’s

Brief

13(a)(1)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

Service of Appellee’s Brief

13(a)(1);

28(h)

Appendix A

Timetable of Appeals to the Supreme Court from the Court of Appeals

Under Article III of the Rules of Appellate Procedure

Action

Time (Days)

From date of

Rule Ref.

Petition for

Discretionary Review

Prior to Determination

Docketing Appeal in

Court of Appeals

15(b)

Notice of Appeal and/or

Petition for

Discretionary Review

Mandate of Court of

Appeals (or From Order of

Court of Appeals Denying

Petition for Rehearing)

14(a)

15(b)

Cross-Notice of Appeal

Filing of First Notice of

Appeal

14(a)

Response to Petition for

Discretionary Review

Service of Petition

15(d)

Filing Appellant’s Brief

(or Mailing Brief Under

Rule 26(a))

Filing Notice of Appeal

Certification of Review

14(d)

15(g)(2)

Filing Appellee’s Brief

(or Mailing Brief Under

Rule 26(a))

Service of Appellant’s

Brief

14(d)

15(g)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

Service of Appellee’s Brief

28(h)

Oral Argument

Filing Appellee’s Brief

(Usual Minimum Time)

Certification or

Mandate

Issuance of Opinion

Petition for Rehearing

(Civil Action Only)

Mandate

31(a)

_________________________

All of the critical time intervals outlined here except those for taking an appeal,

petitioning for discretionary review, responding to a petition for discretionary review,

or petitioning for rehearing may be extended by order of the court in which the appeal

is docketed at the time. Note that Rule 7(b)(1) authorizes the trial tribunal to grant

only one extension of time for production of the transcript and that the trial tribunal

Appendix A

ept those for taking an appeal,

petitioning for discretionary review, responding to a petition for discretionary review,

or petitioning for rehearing may be extended by order of the court in which the appeal

is docketed at the time. Note that Rule 7(b)(1) authorizes the trial tribunal to grant

only one extension of time for production of the transcript and that the trial tribunal

Appendix A

lacks such authority in criminal cases in which a sentence of death has been imposed.

Note also that Rule 27 authorizes the trial tribunal to grant only one extension of

time for service of the proposed record. All other motions for extension of the times

provided in these rules must be filed with the appellate court to which the appeal of

right lies.

No time limits are prescribed for petitions for writs of certiorari other than that

they be “filed without unreasonable delay.” (Rule 21(c)).

History Note.

287 N.C. 671; 306 N.C. 757; 314 N.C. 683; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671;

345 N.C. 765; 354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763;

371 N.C. 974.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix B

Appendix B. Format and Style

All documents for filing in either appellate court are prepared on 8½ x 11",

plain, white unglazed paper of 16- to 20-pound weight. Typing is done on one side

only, although the document will be reproduced in two-sided format. No vertical

rules, law firm marginal return addresses, or punched holes will be accepted.

The papers need not be stapled; a binder clip or rubber bands are adequate to secure

them in order.

Papers shall be prepared using font no smaller than 12-point and no larger

than 14-point using a proportionally spaced font with serifs. Examples of

proportionally spaced fonts with serifs include, but are not limited to, Constantia,

Century, Century Schoolbook, and Century Old Style typeface

The papers need not be stapled; a binder clip or rubber bands are adequate to secure

them in order.

Papers shall be prepared using font no smaller than 12-point and no larger

than 14-point using a proportionally spaced font with serifs. Examples of

proportionally spaced fonts with serifs include, but are not limited to, Constantia,

Century, Century Schoolbook, and Century Old Style typeface. To allow for binding

of documents, a margin of approximately one inch shall be left on all sides of the page.

The formatted page should be approximately 6½ inches wide and 9 inches long. Tabs

are located at the following distances from the left margin: ½", 1", 1½", 2",

4¼" (center), and 5".

CAPTIONS OF DOCUMENTS

All documents to be filed in either appellate court shall be headed by a caption.

The caption contains: the number to be assigned the case by the clerk; the Judicial

District from which the case arises; the appellate court to whose attention the

document is addressed; the style of the case showing the names of all parties to the

action, except as provided by Rule 42; the county from which the case comes; the

indictment or docket numbers of the case below (in records on appeal and in motions

and petitions in the cause filed prior to the filing of the record); and the title of the

document. The caption shall be placed beginning at the top margin of a cover page

and again on the first textual page of the document.

Appendix B

No. ______

(Number) DISTRICT

(SUPREME COURT OF NORTH CAROLINA)

(or)

(NORTH CAROLINA COURT OF APPEALS)

********************************

STATE OF NORTH CAROLINA

)

(Name of Plaintiff)

)

From (Name) County

)

No. ________

)

(Name of Defendant)

)

********************************

(TITLE OF DOCUMENT)

********************************

f the document.

Appendix B

No. ______

(Number) DISTRICT

(SUPREME COURT OF NORTH CAROLINA)

(or)

(NORTH CAROLINA COURT OF APPEALS)

********************************

STATE OF NORTH CAROLINA

)

(Name of Plaintiff)

)

From (Name) County

)

No. ________

)

(Name of Defendant)

)

********************************

(TITLE OF DOCUMENT)

********************************

The caption should reflect the title of the action (all parties named except as

provided by Rule 42) as it appeared in the trial division. The appellant or petitioner

is not automatically given topside billing; the relative positions of the plaintiff and

defendant should be retained.

The caption of a record on appeal and of a notice of appeal from the trial

division should include directly below the name of the county, the indictment or

docket numbers of the case in the trial division. Those numbers, however, should not

be included in other documents, except a petition for writ of certiorari or other

petitions and motions in which no record on appeal has yet been created in the case.

In notices of appeal or petitions to the Supreme Court from decisions of the Court of

Appeals, the caption should show the Court of Appeals docket number in similar

fashion.

Immediately below the caption of each document, centered and underlined, in

all capital letters, should be the title of the document, e.g., PETITION FOR

DISCRETIONARY

REVIEW

UNDER

N.C.G.S.

7A-31,

DEFENDANT-APPELLANT’S BRIEF. A brief filed in the Supreme Court in a case

previously heard and decided by the Court of Appeals is entitled NEW BRIEF.

INDEXES

A brief or petition that is ten pages or more in length and all appendixes to

briefs (Rule 28) must contain an index to the contents.

Appendix B

f the document, e.g., PETITION FOR

DISCRETIONARY

REVIEW

UNDER

N.C.G.S.

7A-31,

DEFENDANT-APPELLANT’S BRIEF. A brief filed in the Supreme Court in a case

previously heard and decided by the Court of Appeals is entitled NEW BRIEF.

INDEXES

A brief or petition that is ten pages or more in length and all appendixes to

briefs (Rule 28) must contain an index to the contents.

Appendix B

will not be reproduced with the record on appeal, but will be treated and used as an

exhibit.

TABLE OF CASES AND AUTHORITIES

Immediately following the index and before the inside caption, all briefs,

petitions, and motions that are ten pages or greater in length shall contain a table of

cases and authorities. Cases should be arranged alphabetically, followed by

constitutional provisions, statutes, regulations, and other textbooks and authorities.

The format should be similar to that of the index. Citations should be made according

to the most recent edition of The Bluebook: A Uniform System of Citation. Citations to

regional reporters shall include parallel citations to official state reporters.

FORMAT OF BODY OF DOCUMENT

Paragraphs within the body of the record on appeal should be single-spaced,

with double spaces between paragraphs. The body of petitions, notices of appeal,

responses, motions, and briefs should be double-spaced, with captions, headings,

issues, and long quotes single-spaced.

Adherence to the margins is important because the document will be

reproduced front and back and will be bound on the side. No part of the text should

be obscured by that binding.

Quotations of more than three lines in length should be indented ¾" from each

margin and should be single-spaced. The citation should immediately follow the

quote.

References to the record on appeal should be made using a parenthetical in the

text: (R pp 38-40). References to the transcript, if used, should be made in a similar

manner: (T p 558, line 21)

should

be obscured by that binding.

Quotations of more than three lines in length should be indented ¾" from each

margin and should be single-spaced. The citation should immediately follow the

quote.

References to the record on appeal should be made using a parenthetical in the

text: (R pp 38-40). References to the transcript, if used, should be made in a similar

manner: (T p 558, line 21).

TOPICAL HEADINGS

The various sections of the brief or petition should be separated (and indexed)

by topical headings, centered and underlined, in all capital letters.

Within the argument section, the issues presented should be set out as a

heading in all capital letters and in paragraph format from margin to margin.

Sub-issues should be presented in similar format, but block indented ½" from the left

margin.

NUMBERING PAGES

The cover page containing the caption of the document (and the index in

records on appeal) is unnumbered. The index and table of cases and authorities are

on pages numbered with lowercase Roman numerals, e.g., i, ii, iv.

While the page containing the inside caption and the beginning of the

substance of the petition or brief bears no number, it is page 1. Subsequent pages are

Appendix B

sequentially numbered by Arabic numbers, flanked by dashes, at the center of the top

margin of the page, e.g., -4-.

An appendix to the brief should be separately numbered in the manner of a

brief.

SIGNATURE AND ADDRESS

Unless filed pro se, all original papers filed in a case will bear the original

signature of at least one counsel participating in the case, as in the example below.

The name, address, telephone number, State Bar number, and e-mail address of the

person signing, together with the capacity in which that person signs the paper, will

be included

in the manner of a

brief.

SIGNATURE AND ADDRESS

Unless filed pro se, all original papers filed in a case will bear the original

signature of at least one counsel participating in the case, as in the example below.

The name, address, telephone number, State Bar number, and e-mail address of the

person signing, together with the capacity in which that person signs the paper, will

be included. When counsel or the firm is retained, the firm name should be included

above the signature; however, if counsel is appointed in an indigent criminal appeal,

only the name of the appointed counsel should appear, without identification of any

firm affiliation. Counsel participating in argument must have signed the brief in the

case prior to that argument.

(Retained)

[LAW FIRM NAME]

By: ______________________

[Name]

By: ______________________

[Name]

Attorneys for Plaintiff-Appellants

P. O. Box 0000

Raleigh, NC 27600

(919) 999-9999

State Bar No. _______

[e-mail address]

(Appointed)

______________________

[Name]

Attorney for Defendant-Appellant

P. O. Box 0000

Raleigh, NC 27600

(919) 999-9999

State Bar No. _______

[e-mail address]

History Note.

287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 354 N.C. 598; 354 N.C. 609;

356 N.C. 702; 356 N.C. 706; 358 N.C. 824; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix C

Appendix C. Arrangement of Record on Appeal

Only those items listed in the following tables and that are required by

Rule 9(a) in the particular case should be included in the record. See Rule 9(b)(2) for

sanctions for including unnecessary items in the record. The items marked by an

asterisk (*) could be omitted from the printed record if the transcript option of

Rule 9(c) is used and a transcript of the items exists.

Table 1

SUGGESTED ORDER IN APPEAL FROM CIVIL JURY CASE

tables and that are required by

Rule 9(a) in the particular case should be included in the record. See Rule 9(b)(2) for

sanctions for including unnecessary items in the record. The items marked by an

asterisk (*) could be omitted from the printed record if the transcript option of

Rule 9(c) is used and a transcript of the items exists.

Table 1

SUGGESTED ORDER IN APPEAL FROM CIVIL JURY CASE

1. Title of action (all parties named) and case number in caption, per Appendix B

2. Index, per Rule 9(a)(1)a

3. Statement of organization of trial tribunal, per Rule 9(a)(1)b

4. Statement of record items showing jurisdiction, per Rule 9(a)(1)c

5. Complaint

6. Pre-answer motions of defendant, with rulings thereon

7. Answer

8. Motion for summary judgment, with rulings thereon (* if oral)

9. Pretrial order

*10. Plaintiff’s evidence, with any evidentiary rulings that a party to the appeal

contends are erroneous

*11. Motion for directed verdict, with ruling thereon

*12. Defendant’s evidence, with any evidentiary rulings that a party to the appeal

contends are erroneous

*13. Plaintiff’s rebuttal evidence, with any evidentiary rulings that a party to the

appeal contends are erroneous

14. Issues tendered by parties

15. Issues submitted by court

16. Court’s instructions to jury, per Rule 9(a)(1)f

17. Verdict

18. Motions after verdict, with rulings thereon (* if oral)

19. Judgment

20. Items, including Notice of Appeal, required by Rule 9(a)(1)i

21. Statement of transcript option as required by Rule 9(a)(1)i and 9(a)(1)l

22. Statement required by Rule 9(a)(1)m when a record supplement will be filed

23. Entries showing settlement of record on appeal, extensions of time, etc.

24. Proposed Issues on Appeal per Rule 9(a)(1)k

25. Names, office addresses, telephone numbers, State Bar numbers, and e-mail

addresses of counsel for all parties to the appeal

Appendix C

Table 2

SUGGESTED ORDER IN APPEAL FROM SUPERIOR COURT

REVIEW OF ADMINISTRATIVE AGENCY DECISION

cord supplement will be filed

23. Entries showing settlement of record on appeal, extensions of time, etc.

24. Proposed Issues on Appeal per Rule 9(a)(1)k

25. Names, office addresses, telephone numbers, State Bar numbers, and e-mail

addresses of counsel for all parties to the appeal

Appendix C

Table 2

SUGGESTED ORDER IN APPEAL FROM SUPERIOR COURT

REVIEW OF ADMINISTRATIVE AGENCY DECISION

1. Title of action (all parties named) and case number in caption, per Appendix B

2. Index, per Rule 9(a)(2)a

3. Statement of organization of superior court, per Rule 9(a)(2)b

4. Statement of record items showing jurisdiction of the board or agency, per

Rule 9(a)(2)c

5. Copy of petition or other initiating pleading

6. Copy of answer or other responsive pleading

7. Copies of all pertinent items from administrative proceeding filed for review in

superior court, including evidence

*8. Evidence taken in superior court, in order received

9. Copies of findings of fact, conclusions of law, and judgment of superior court

10. Items required by Rule 9(a)(2)h

11. Entries showing settlement of record on appeal, extensions of time, etc.

12. Proposed issues on appeal, per Rule 9(a)(2)i

13. Names, office addresses, telephone numbers, State Bar numbers, and e-mail

addresses of counsel for all parties to the appeal

Table 3

SUGGESTED ORDER IN APPEAL OF CRIMINAL CASE

1. Title of action (all parties named) and case number in caption, per Appendix B

2. Index, per Rule 9(a)(3)a

3. Statement of organization of trial tribunal, per Rule 9(a)(3)b

4. Warrant

5. Judgment in district court (where applicable)

6. Entries showing appeal to superior court (where applicable)

7. Bill of indictment (if not tried on original warrant)

8. Arraignment and plea in superior court

9. Voir dire of jurors

*10. State’s evidence, with any evidentiary rulings that a party to the appeal

contends are erroneous

11. Motions at close of State’s evidence, with rulings thereon (* if oral)

*12

t court (where applicable)

6. Entries showing appeal to superior court (where applicable)

7. Bill of indictment (if not tried on original warrant)

8. Arraignment and plea in superior court

9. Voir dire of jurors

*10. State’s evidence, with any evidentiary rulings that a party to the appeal

contends are erroneous

11. Motions at close of State’s evidence, with rulings thereon (* if oral)

*12. Defendant’s evidence, with any evidentiary rulings that a party to the appeal

contends are erroneous

13. Motions at close of defendant’s evidence, with rulings thereon (* if oral)

*14. State’s rebuttal evidence, with any evidentiary rulings that a party to the

appeal contends are erroneous

15. Motions at close of all evidence, with rulings thereon (* if oral)

16. Court’s instructions to jury, per Rules 9(a)(3)f and 10(a)(2)

17. Verdict

18. Motions after verdict, with rulings thereon (* if oral)

Appendix C

19. Judgment and order of commitment

20. Appeal entries

21. Entries showing settlement of record on appeal, extensions of time, etc.

22. Proposed issues on appeal, per Rule 9(a)(3)j

23. Names, office addresses, telephone numbers, State Bar numbers, and e-mail

addresses of counsel for all parties to the appeal

Table 4

PROPOSED ISSUES ON APPEAL

A. Examples related to pretrial rulings in civil actions

1. Did the trial court err in denying defendant’s motion to dismiss for lack of

personal jurisdiction under N.C. R. Civ. P. 12(b)(2)?

2. Did the trial court err in denying defendant’s motion to dismiss for failure to

state a claim upon which relief may be granted under N.C. R. Civ. P. 12(b)(6)?

3. Did the trial court err in denying defendant’s motion to require plaintiff to

submit to an independent physical examination under N.C. R. Civ. P. 35?

4. Did the trial court err in denying defendant’s motion for summary judgment

under N.C. R. Civ. P. 56?

B. Examples related to civil jury trial rulings

1. Did the trial court err in admitting the hearsay testimony of E.F.?

v. P. 12(b)(6)?

3. Did the trial court err in denying defendant’s motion to require plaintiff to

submit to an independent physical examination under N.C. R. Civ. P. 35?

4. Did the trial court err in denying defendant’s motion for summary judgment

under N.C. R. Civ. P. 56?

B. Examples related to civil jury trial rulings

1. Did the trial court err in admitting the hearsay testimony of E.F.?

2. Did the trial court err in denying defendant’s motion for a directed verdict?

3. Did the trial court err in instructing the jury on the doctrine of last clear

chance?

4. Did the trial court err in instructing the jury on the doctrine of sudden

emergency?

5. Did the trial court err in denying defendant’s motion for a new trial?

C. Examples related to civil non-jury trials

1. Did the trial court err in denying defendant’s motion to dismiss at the close of

plaintiff’s evidence?

2. Did the trial court err in its finding of fact No. 10?

3. Did the trial court err in its conclusion of law No. 3?

History Note.

287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671; 354 N.C. 598;

354 N.C. 609; 363 N.C. 901; 369 N.C. 763.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix D

Appendix D. Forms

Captions for all documents filed in the appellate division should be in the

format prescribed by Appendix B, addressed to the Court whose review is sought.

NOTICES OF APPEAL

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

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix D

Appendix D. Forms

Captions for all documents filed in the appellate division should be in the

format prescribed by Appendix B, addressed to the Court whose review is sought.

NOTICES OF APPEAL

(1)

To Court of Appeals from Trial Division

Appropriate in all appeals of right from district or superior court except

appeals from criminal judgments imposing sentences of death.

(Caption)

***************************

TO THE HONORABLE COURT OF APPEALS OF NORTH CAROLINA:

(Plaintiff)(Defendant), (Name of Party), hereby gives notice of appeal to the

Court of Appeals of North Carolina (from the final judgment)(from the order) entered

on (date) in (District)(Superior) Court, __________ County, (describing it).

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for (Plaintiff)(Defendant)-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

(2)

To Supreme Court from a Judgment of the Superior Court

Including a Sentence of Death

(Caption)

***************************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

(Name of Defendant), Defendant, hereby gives notice of appeal to the Supreme

Court of North Carolina from the final judgment entered by (name of Judge) in

Superior Court, __________ County, on (date), which judgment included a conviction

of murder in the first degree and a sentence of death.

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for Defendant-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

Appendix D

lina from the final judgment entered by (name of Judge) in

Superior Court, __________ County, on (date), which judgment included a conviction

of murder in the first degree and a sentence of death.

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for Defendant-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

Appendix D

(3)

To Supreme Court from a Judgment of the Court of Appeals

Appropriate in all appeals taken as of right from opinions and judgments of

the Court of Appeals to the Supreme Court under N.C.G.S. § 7A-30. The appealing

party shall enclose a clear copy of the opinion of the Court of Appeals with the notice.

To take account of the possibility that the Supreme Court may determine that the

appeal does not lie of right, an alternative petition for discretionary review may be

filed with the notice of appeal.

(Caption)

******************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

(Plaintiff)(Defendant), (Name of Party), hereby appeals to the Supreme Court

of North Carolina from the judgment of the Court of Appeals (describe it), which

judgment . . . .

(Constitutional question—N.C.G.S. § 7A-30(1)) . . . directly involves a

substantial

question

arising

under

the

Constitution(s)

(of

the

United

States)(and)(or)(of the State of North Carolina) as follows:

(Here describe the specific issues, citing constitutional provisions under which

they arise and showing how such issues were timely raised below and are set

out in the record of appeal, e.g.:

Issue 1: Said judgment directly involves a substantial question arising

under the Fourth and Fourteenth Amendments to the Constitution of

the United States and under Article 1, Section 20 of the Constitution of

the State of North Carolina, in that it deprives rights secured

thereunder to the defendant by overruling defendant’s challenge to the

denial of (his)(her) Motion to Suppress Evidence Obtained by a Search

Warrant, thereby depriving defendant of t

arising

under the Fourth and Fourteenth Amendments to the Constitution of

the United States and under Article 1, Section 20 of the Constitution of

the State of North Carolina, in that it deprives rights secured

thereunder to the defendant by overruling defendant’s challenge to the

denial of (his)(her) Motion to Suppress Evidence Obtained by a Search

Warrant, thereby depriving defendant of the constitutional right to be

secure in his or her person, house, papers, and effects against

unreasonable searches and seizures and violating constitutional

prohibitions against warrants issued without probable cause and

warrants not supported by evidence. This constitutional issue was

timely raised in the trial tribunal by defendant’s Motion to Suppress

Evidence Obtained by a Search Warrant made prior to trial of defendant

(R pp 7–10). This constitutional issue was determined erroneously by

the Court of Appeals.)

In the event the Court finds this constitutional question to be substantial,

petitioner intends to present the following issues in its brief for review:

(Here list all issues to be presented in appellant’s brief to the Supreme

Court, not limited to those which are the basis of the constitutional

question claim. An issue may not be briefed if it is not listed in the notice

of appeal.)

Appendix D

(Dissent—N.C.G.S. § 7A-30(2)) . . . was entered with a dissent by Judge (name), based

on the following issue(s):

(Here state the issue or issues that are the basis of the dissenting

opinion in the Court of Appeals. Do not state additional issues.

Any additional issues desired to be raised in the Supreme Court when

the appeal of right is based solely on a dissenting opinion must be

presented by a petition for discretionary review as to the additional

issues.)

Respectfully submitted this the __ day of _________, 2___

he issue or issues that are the basis of the dissenting

opinion in the Court of Appeals. Do not state additional issues.

Any additional issues desired to be raised in the Supreme Court when

the appeal of right is based solely on a dissenting opinion must be

presented by a petition for discretionary review as to the additional

issues.)

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for (Plaintiff)(Defendant)-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

PETITION FOR DISCRETIONARY REVIEW UNDER N.C.G.S. § 7A-31

To seek review of the opinion and judgment of the Court of Appeals when

petitioner contends the case involves issues of public interest or jurisprudential

significance. May also be filed as a separate paper in conjunction with a notice of

appeal to the Supreme Court when the appellant contends that such appeal lies of

right due to substantial constitutional questions under N.C.G.S. § 7A-30, but desires

to have the Court consider discretionary review should it determine that appeal does

not lie of right in the particular case.

(Caption)

***************************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

(Plaintiff)(Defendant), (Name of Party), respectfully petitions the Supreme

Court of North Carolina to certify for discretionary review the judgment of the Court

of Appeals (describing it) on the basis that (here set out the grounds from

N.C.G.S. § 7A-31 that provide the basis for the petition). In support of this petition,

(Plaintiff)(Defendant) shows the following:

Facts

(Here state first the procedural history of the case through the trial division

and the Court of Appeals. Then set out factual background necessary for

understanding the basis of the petition.)

Reasons Why Certification Should Issue

(Here set out factual and legal arguments to justify certification of the case for

full review

this petition,

(Plaintiff)(Defendant) shows the following:

Facts

(Here state first the procedural history of the case through the trial division

and the Court of Appeals. Then set out factual background necessary for

understanding the basis of the petition.)

Reasons Why Certification Should Issue

(Here set out factual and legal arguments to justify certification of the case for

full review. While some substantive argument will certainly be helpful, the focus of

the argument in the petition should show how the opinion of the Court of Appeals

conflicts with prior decisions of the Supreme Court or how the case is significant to

the jurisprudence of the State or of significant public interest. If the Court is

Appendix D

persuaded to take the case, the appellant may deal thoroughly with the substantive

issues in the new brief.)

Issues to Be Briefed

In the event the Court allows this petition for discretionary review, petitioner

intends to present the following issues in its brief for review:

(Here list all issues to be presented in appellant’s brief to the Supreme Court,

not limited to those that are the basis of the petition. An issue may not be

briefed if it is not listed in the petition.)

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for (Plaintiff)(Defendant)-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

Attached to the petition shall be a certificate of service upon the opposing

parties and a clear copy of the opinion of the Court of Appeals in the case.

PETITION FOR WRIT OF CERTIORARI

To seek review: (1) by the appropriate appellate court of judgments or orders

of trial tribunals when the right to prosecute an appeal has been lost or when no right

to appeal exists; and (2) by the Supreme Court of decisions and orders of the Court of

Appeals when no right to appeal or to petition for discretionary review exists or when

such right has been lost by failure to take timely action

o seek review: (1) by the appropriate appellate court of judgments or orders

of trial tribunals when the right to prosecute an appeal has been lost or when no right

to appeal exists; and (2) by the Supreme Court of decisions and orders of the Court of

Appeals when no right to appeal or to petition for discretionary review exists or when

such right has been lost by failure to take timely action.

(Caption)

***************************

TO THE HONORABLE (SUPREME COURT)(COURT OF APPEALS) OF NORTH

CAROLINA:

(Plaintiff)(Defendant), (Name of Party), respectfully petitions this Court to

issue its writ of certiorari pursuant to Rule 21 of the Rules of Appellate Procedure to

review the (judgment)(order)(decree) of the [Honorable (name), Judge Presiding,

(Superior)(District) Court, __________ County][North Carolina Court of Appeals],

dated (date), (here describe the judgment, order, or decree appealed from), and in

support of this petition shows the following:

Facts

(Here set out factual background necessary for understanding the basis of the

petition: e.g., failure to perfect appeal by reason of circumstances constituting

excusable neglect; non-appealability of right of an interlocutory order, etc.)

(If circumstances are that transcript could not be procured from court reporter,

statement should include estimate of date of availability and supporting affidavit

from the court reporter.)

Appendix D

Reasons Why Writ Should Issue

(Here set out factual and legal arguments to justify issuance of writ:

e.g., reasons why interlocutory order makes it impracticable for petitioner to proceed

further in trial court; meritorious basis of petitioner’s proposed issues, etc.)

Attachments

Attached to this petition for consideration by the Court are certified copies of

the (judgment)(order)(decree) sought to be reviewed, and (here list any other certified

items from the trial court record and any affidavits attached as pertinent to

consideration of the petition)

r petitioner to proceed

further in trial court; meritorious basis of petitioner’s proposed issues, etc.)

Attachments

Attached to this petition for consideration by the Court are certified copies of

the (judgment)(order)(decree) sought to be reviewed, and (here list any other certified

items from the trial court record and any affidavits attached as pertinent to

consideration of the petition).

Wherefore, petitioner respectfully prays that this Court issue its writ of

certiorari to the [(Superior)(District) Court, __________ County][North Carolina

Court of Appeals] to permit review of the (judgment)(order)(decree) above specified,

upon issues stated as follows: (here list the issues, in the manner provided for in the

petition for discretionary review); and that the petitioner have such other relief as to

the Court may seem proper.

Respectfully submitted this the __ day of _________, 2___.

s/_______________________

Attorney for Petitioner

(Address, Telephone Number, State Bar Number,

and E-mail Address)

(Verification by petitioner or counsel)

(Certificate of service upon opposing parties)

(Attach a clear copy of the opinion, order, etc. which is the subject of the

petition and other attachments as described in the petition.)

PETITION FOR WRIT OF SUPERSEDEAS UNDER RULE 23 AND MOTION

FOR TEMPORARY STAY

A writ of supersedeas operates to stay the execution or enforcement of any

judgment, order, or other determination of a trial court or of the Court of Appeals in

civil cases under Rule 8 or to stay imprisonment or execution of a sentence of death

in criminal cases (other portions of criminal sentences, e.g., fines, are stayed

automatically pending an appeal of right).

A motion for temporary stay under Rule 23(e) is appropriate to seek an

immediate stay of execution on an ex parte basis pending the Court’s decision on the

petition for supersedeas or the substantive petition in the case.

Appendix D

or execution of a sentence of death

in criminal cases (other portions of criminal sentences, e.g., fines, are stayed

automatically pending an appeal of right).

A motion for temporary stay under Rule 23(e) is appropriate to seek an

immediate stay of execution on an ex parte basis pending the Court’s decision on the

petition for supersedeas or the substantive petition in the case.

Appendix D

(Caption)

***************************

TO THE HONORABLE (COURT OF APPEALS)(SUPREME COURT) OF NORTH

CAROLINA:

(Plaintiff)(Defendant), (Name of Party), respectfully petitions this Court to

issue

its

writ

supersedeas

stay

(execution)(enforcement)

the

(judgment)(order)(decree)

the

[Honorable

__________,

Judge

Presiding,

(Superior)(District) Court, __________ County][North Carolina Court of Appeals]

dated __________, pending review by this Court of said (judgment)(order)(decree)

which (here describe the judgment, order, or decree and its operation if not stayed);

and in support of this petition shows the following:

Facts

(Here set out factual background necessary for understanding the basis of the

petition and justifying its filing under Rule 23: e.g., trial judge has vacated the entry

upon finding security deposited under N.C.G.S. § _____ inadequate; trial judge has

refused to stay execution upon motion therefor by petitioner; circumstances make it

impracticable to apply first to trial judge for stay, etc.; and showing that review of the

trial court judgment is being sought by appeal or extraordinary writ.)

Reasons Why Writ Should Issue

(Here set out factual and legal arguments for justice of issuing the writ;

e.g., that security deemed inadequate by trial judge is adequate under the

circumstances; that irreparable harm will result to petitioner if it is required to obey

decree pending its review; that petitioner has meritorious basis for seeking review,

etc.)

Attachments

Attached to this petition for consideration by the court are certified copies of

the (judgment)(order

ice of issuing the writ;

e.g., that security deemed inadequate by trial judge is adequate under the

circumstances; that irreparable harm will result to petitioner if it is required to obey

decree pending its review; that petitioner has meritorious basis for seeking review,

etc.)

Attachments

Attached to this petition for consideration by the court are certified copies of

the (judgment)(order)(decree) sought to be stayed and (here list any other certified

items from the trial court record and any affidavits deemed necessary to

consideration of the petition).

Wherefore, petitioner respectfully prays that this Court issue its writ of

supersedeas to the [(Superior)(District) Court, __________ County)][North Carolina

Court of Appeals] staying (execution)(enforcement) of its (judgment)(order)(decree)

above specified, pending issuance of the mandate to this Court following its review

and determination of the (appeal)(discretionary review)(review by extraordinary

writ)(now pending)(the petition for which will be timely filed); and that the petitioner

have such other relief as to the Court may seem proper.

Appendix D

Respectfully submitted this the __ day of _________, 2___.

s/______________________

Attorney for Petitioner

(Address, Telephone Number, State Bar

Number, and E-mail Address)

(Verification by petitioner or counsel)

(Certificate of Service upon opposing party)

Rule 23(e) provides that in conjunction with a petition for supersedeas, either

as part of it or separately, the petitioner may move for a temporary stay of execution

or enforcement pending the Court’s ruling on the petition for supersedeas.

The following form is illustrative of such a motion for temporary stay, either included

as part of the main petition or filed separately

opposing party)

Rule 23(e) provides that in conjunction with a petition for supersedeas, either

as part of it or separately, the petitioner may move for a temporary stay of execution

or enforcement pending the Court’s ruling on the petition for supersedeas.

The following form is illustrative of such a motion for temporary stay, either included

as part of the main petition or filed separately.

Motion for Temporary Stay

(Plaintiff)(Defendant) respectfully applies to the Court for an order

temporarily staying (execution)(enforcement) of the (judgment)(order)(decree) that is

the subject of (this)(the accompanying) petition for writ of supersedeas, such order to

be in effect until determination by this Court whether it shall issue its writ.

In support of this Application, movant shows that (here set out the legal and factual

arguments for the issuance of such a temporary stay order; e.g., irreparable harm

practically threatened if petitioner must obey decree of trial court during interval

before decision by Court whether to issue writ of supersedeas).

Motion for Stay of Execution

In death cases, the Supreme Court uses an order for stay of execution of death

sentence in lieu of the writ of supersedeas. Counsel should promptly apply for such

a stay after the judgment of the superior court imposing the death sentence. The stay

of execution order will provide that it remains in effect until dissolved. The following

form illustrates the contents needed in such a motion.

(Caption)

***************************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

Now comes the defendant, (name), who respectfully shows the Court:

1. That on (date of judgment), The Honorable __________, Judge Presiding,

Superior Court, __________ County, sentenced the defendant to death, execution

being set for (date of execution).

2. That pursuant to N.C.G.S

ded in such a motion.

(Caption)

***************************

TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA:

Now comes the defendant, (name), who respectfully shows the Court:

1. That on (date of judgment), The Honorable __________, Judge Presiding,

Superior Court, __________ County, sentenced the defendant to death, execution

being set for (date of execution).

2. That pursuant to N.C.G.S. § 15A-2000(d)(1), there is an automatic appeal

of this matter to the Supreme Court of North Carolina, and defendant’s notice of

appeal was given (describe the circumstances and date of notice).

Appendix D

3. That the record on appeal in this case cannot be served and settled, the

matter docketed, the briefs prepared, the arguments heard, and a decision rendered

before the date scheduled for execution.

WHEREFORE, the defendant prays the Court to enter an order staying the

execution pending judgment and further orders of this Court.

Respectfully submitted this the __ day of _________, 2___.

s/_______________________

Attorney for Defendant-Appellant

(Address, Telephone Number, State Bar Number,

and E-mail Address)

(Certificate of Service on Attorney General, District Attorney, and Warden of

Central Prison)

History Note.

287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 345 N.C. 765; 354 N.C. 598;

354 N.C. 609; 361 N.C. 732; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix E

al, District Attorney, and Warden of

Central Prison)

History Note.

287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 345 N.C. 765; 354 N.C. 598;

354 N.C. 609; 361 N.C. 732; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix E

Appendix E. Content of Briefs

CAPTION

Briefs should use the caption as shown in Appendix B. The title of the

document should reflect the position of the filing party both at the trial level and on

the appeal, e.g., DEFENDANT-APPELLANT’S BRIEF, PLAINTIFF-APPELLEE’S

BRIEF, or BRIEF FOR THE STATE. A brief filed in the Supreme Court in a case

decided by the Court of Appeals is captioned a “New Brief” and the position of the

filing

party

before

the

Supreme

Court

should

reflected,

e.g., DEFENDANT-APPELLEE’S NEW BRIEF (when the State has appealed from

the Court of Appeals in a criminal matter).

The cover page should contain only the caption of the case. Succeeding pages

should present the following items, in order.

INDEX OF THE BRIEF

Each brief should contain a topical index beginning at the top margin of the

first page following the cover, in substantially the following form:

INDEX

TABLE OF CASES AND AUTHORITIES ........................................................ ii

ARGUMENT:

[STANDARD OF REVIEW [May be placed at either the

beginning of the discussion of each issue or under a

separate heading placed before the beginning of the

discussion of all issues] ........................................................................... 5]

THE

TRIAL

COURT

COMMITTED

REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

SUPPRESS

HIS

INCULPATORY

STATEMENT

BECAUSE THAT STATEMENT WAS THE PRODUCT OF

* * *

IV.

THE

TRIAL

COURT

COMMITTED

REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

Appendix E

ing of the

discussion of all issues] ........................................................................... 5]

THE

TRIAL

COURT

COMMITTED

REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

SUPPRESS

HIS

INCULPATORY

STATEMENT

BECAUSE THAT STATEMENT WAS THE PRODUCT OF

* * *

IV.

THE

TRIAL

COURT

COMMITTED

REVERSIBLE

ERROR IN DENYING THE DEFENDANT’S MOTION TO

Appendix E

ISSUES PRESENTED

The inside caption is on page 1 of the brief, followed by the Issues Presented.

The phrasing of the issues presented need not be identical to that set forth in the

proposed issues on appeal in the record. The appellee’s brief need not restate the

issues unless the appellee desires to present additional issues to the Court.

ISSUES PRESENTED

DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN

DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS

INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS

THE PRODUCT OF AN ILLEGAL DETENTION?

* * *

STATEMENT OF THE CASE

If the Issues Presented carry beyond page 1, the Statement of the Case should

follow them, separated by the heading. If the Issues Presented do not carry over, the

Statement of the Case should begin at the top of page 2 of the brief.

Set forth a concise chronology of the course of the proceedings in the trial court

and the route of appeal, including pertinent dates. For example:

STATEMENT OF THE CASE

The defendant, [name], was convicted of first-degree rape at the [date],

Criminal Session of the Superior Court, __________ County, the Honorable [name]

presiding, and received ___________ sentence for the __________ felony.

The defendant gave written notice of appeal in open court to the Supreme Court of

North Carolina at the time of the entry of judgment on [date]. The transcript was

ordered on [date] and was delivered to the parties on [date].

A motion to extend the time for serving and filing the record on appeal was

allowed by the Supreme Court on [date]. The record was filed and docketed in the

Supreme Court on [date]

nt gave written notice of appeal in open court to the Supreme Court of

North Carolina at the time of the entry of judgment on [date]. The transcript was

ordered on [date] and was delivered to the parties on [date].

A motion to extend the time for serving and filing the record on appeal was

allowed by the Supreme Court on [date]. The record was filed and docketed in the

Supreme Court on [date].

STATEMENT OF THE GROUNDS FOR APPELLATE REVIEW

Set forth the statutory basis for permitting appellate review. For example, in

an appeal from a final judgment to the Court of Appeals, the appellant might state

that the ground for appellate review is a final judgment of the superior court under

N.C.G.S. § 7A-27(b). If the appeal is based on N.C. R. Civ. P. 54(b), the appellant

must also state that there has been a final judgment as to one or more but fewer than

all of the claims or parties and that there has been a certification by the trial court

that there is no just reason for delay. If the appeal is from an interlocutory order or

determination based on a substantial right, the appellant must present, in addition

Appendix E

to the statutory authorization, facts and argument showing the substantial right that

will be lost, prejudiced, or less than adequately protected absent immediate appellate

review.

STATEMENT OF THE FACTS

The facts constitute the basis of the dispute or criminal charges and the

procedural mechanics of the case if they are significant to the issues presented.

The facts should be stated objectively and concisely and should be limited to those

that are relevant to the issue or issues presented.

Do not include verbatim portions of the record or other matters of an

evidentiary nature in the statement of the facts. Summaries and record or transcript

citations should be used instead. No appendix should be compiled simply to support

the statement of the facts.

The appellee’s brief need contain no statement of the case or facts if there is no

dispute

ant to the issue or issues presented.

Do not include verbatim portions of the record or other matters of an

evidentiary nature in the statement of the facts. Summaries and record or transcript

citations should be used instead. No appendix should be compiled simply to support

the statement of the facts.

The appellee’s brief need contain no statement of the case or facts if there is no

dispute. The appellee may state additional facts where deemed necessary, or, if there

is a dispute over the facts, may restate the facts as they appear from the appellee’s

viewpoint.

ARGUMENT

Each issue will be set forth in uppercase typeface as the party’s contention,

e.g.:

THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN

DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS

INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS

THE PRODUCT OF AN ILLEGAL DETENTION.

The standard of review for each issue presented shall be set out in accordance

with Rule 28(b)(6).

Parties should feel free to summarize, quote from, or cite to the record or

transcript during the presentation of argument. If the transcript option is selected

under Rule 9(c), the appendix to the brief may be needed, as described in Rule 28 and

below.

When statutory or regulatory materials are cited, the relevant portions should

be quoted in the body of the argument or placed in the appendix to the brief, as

required by Rule 28(d)(1)c.

Appendix E

CONCLUSION

State briefly and clearly the specific objective or relief sought in the appeal.

It is not necessary to restate the party’s contentions, since they are presented both in

the index and as headings to the individual arguments.

SIGNATURE AND CERTIFICATE OF SERVICE

Following the conclusion, the brief must be dated and signed, with the

attorney’s typed or printed name, mailing address, telephone number, State Bar

number, and e-mail address, all indented to the center of the page.

The Certificate of Service is then shown with a centered, uppercase heading

both in

the index and as headings to the individual arguments.

SIGNATURE AND CERTIFICATE OF SERVICE

Following the conclusion, the brief must be dated and signed, with the

attorney’s typed or printed name, mailing address, telephone number, State Bar

number, and e-mail address, all indented to the center of the page.

The Certificate of Service is then shown with a centered, uppercase heading.

The certificate itself, describing the manner of service upon the opposing party with

the complete mailing address of the party or attorney served, is followed by the date

and the signature of the person certifying the service.

APPENDIX TO THE BRIEF UNDER THE TRANSCRIPT OPTION

Rules 9(c) and 28 require additional steps to be taken in the brief to point the

Court to appropriate excerpts from the transcript considered essential to the

understanding of the arguments presented.

Counsel are encouraged to cite, narrate, and quote freely within the body of

the brief. However, if because of length a verbatim quotation is not included in the

body of the brief, that portion of the transcript and others like it shall be compiled

into an appendix to the brief to be placed at the end of the brief, following all

signatures and certificates. Counsel should not attach the entire transcript as an

appendix to support issues involving a directed verdict, sufficiency of the evidence, or

the like.

The appendix should be prepared to be clear and readable, distinctly showing

the transcript page or pages from which each passage is drawn. Counsel may

reproduce transcript pages themselves, clearly indicating those portions to which

attention is directed. The appendix should include a table of contents, showing the

items contained in the appendix and the pages in the appendix where those items

appear. The appendix shall be paginated separately from the text of the brief.

For example:

CONTENTS OF APPENDIX

VOIR DIRE DIRECT EXAMINATION OF [NAME] ............................... App

clearly indicating those portions to which

attention is directed. The appendix should include a table of contents, showing the

items contained in the appendix and the pages in the appendix where those items

appear. The appendix shall be paginated separately from the text of the brief.

For example:

CONTENTS OF APPENDIX

VOIR DIRE DIRECT EXAMINATION OF [NAME] ............................... App. 1

VOIR DIRE CROSS-EXAMINATION OF [NAME] ................................. App. 9

VOIR DIRE DIRECT EXAMINATION OF OFFICER [NAME] ........... App. 13

Appendix E

VOIR DIRE CROSS-EXAMINATION OF OFFICER [NAME] ............. App. 19

* * * * *

The appendix will be printed as submitted with the brief to which it is

appended. Therefore, clarity of image is extremely important.

History Note.

287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 354 N.C. 598; 354 N.C. 609;

356 N.C. 702; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

Appendix F

Appendix F. Fees and Costs

Fees and costs are provided by order of the Supreme Court and apply to

proceedings in either appellate court. There is no fee for filing a motion in a cause;

other fees are as follows and should be submitted with the document to which they

pertain, made payable to the clerk of the appropriate appellate court:

Notice of Appeal, Petition for Discretionary Review, Petition for Writ of

Certiorari or other extraordinary writ, Petition for Writ of Supersedeas—docketing

fee of $10.00 for each document, i.e., docketing fees for a notice of appeal and petition

for discretionary review filed jointly would be $20.00.

Petitions to rehear require a docketing fee of $20.00. (Petitions to rehear are

only entertained in civil cases.)

An appeal bond or cash deposit of $250.00 is required in civil cases per Rules 6

and 17

it, Petition for Writ of Supersedeas—docketing

fee of $10.00 for each document, i.e., docketing fees for a notice of appeal and petition

for discretionary review filed jointly would be $20.00.

Petitions to rehear require a docketing fee of $20.00. (Petitions to rehear are

only entertained in civil cases.)

An appeal bond or cash deposit of $250.00 is required in civil cases per Rules 6

and 17. The bond should be filed contemporaneously with the record in the Court of

Appeals and with the notice of appeal in the Supreme Court. The bond will not be

required in cases brought by petition for discretionary review or certiorari unless and

until the court allows the petition.

Costs for printing documents are $1.75 per printed page. The appendix to a

brief under the transcript option of Rules 9(c) and 28(b) and (c) will be reproduced as

is, but billed at the rate of the printing of the brief. Both appellate courts will bill the

parties for the costs of printing their documents.

Court costs on appeal total $9.00, plus the cost of copies of the opinion to each

party filing a brief, and are imposed when a notice of appeal is withdrawn or

dismissed, or when the mandate is issued following the opinion in a case.

Photocopying charges are $.20 per page. The facsimile transmission fee for

documents sent from the clerk’s office, which is in addition to standard photocopying

charges, is $5.00 for the first twenty-five pages and $.20 for each page thereafter.

The fee for a certified copy of an appellate court decision, in addition to

photocopying charges, is $10.00.

History Note.

287 N.C. 671; 306 N.C. 757; 314 N.C. 683; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671;

343 N.C. 769; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763.

Editor’s Note.

The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with

Appendixes A through F on 7 December 1982, 306 N.C. 757.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.