Rule 42. Protecting Identities—Sealed Items and Identification Numbers

(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)

30

Entry of Judgment

(Unless Tolled)

3(c)

Cross-Appeal

10

Service and Filing of a

Timely Notice of Appeal

3(c)

Taking Appeal

(Administrative

Tribunal)

30

Receipt of Final

Administrative Tribunal

Decision

(Unless Statutes Provide

Otherwise)

18(b)(2)

Taking Appeal

(Criminal)

14

Entry of Judgment

(Unless Tolled)

4(a)

Serving Transcript

Contract

(Appellant)

14

Filing or Giving Notice of

Appeal

7(b)(2)

18(b)(3)

Serving Transcript

Contract

(Appellee)

28

Appellant Filing or

Giving Notice of Appeal

7(b)(2)

18(b)(3)

Serving Appellate

Entries

(Clerk of Superior

Court)

14

Judge Signing Appellate

Entr

e

Otherwise)

18(b)(2)

Taking Appeal

(Criminal)

14

Entry of Judgment

(Unless Tolled)

4(a)

Serving Transcript

Contract

(Appellant)

14

Filing or Giving Notice of

Appeal

7(b)(2)

18(b)(3)

Serving Transcript

Contract

(Appellee)

28

Appellant Filing or

Giving Notice of Appeal

7(b)(2)

18(b)(3)

Serving Appellate

Entries

(Clerk of Superior

Court)

14

Judge Signing Appellate

Entries

7(c)(2)

Delivering Transcript

(General Rule)

(Capitally Tried Cases)

(Undisciplined or

Delinquent Juvenile

Cases)

(Special Proceedings

about the Admission or

Discharge of Clients)

90

180

60

60

Service of Transcript

Contract or Appellate

Entries

7(e)(1)

Appendix A

Serving Proposed

Record on Appeal

(General Rule)

45

All Transcripts Being

Delivered or Notice of

Appeal, Whichever is

Later

11(b)

18(d)

Serving Proposed

Record on Appeal

(Capitally Tried Cases)

70

All Transcripts Being

Delivered

11(b)

Serving Objections or

Proposed Alternative

Record on Appeal

(General Rule)

(Capitally Tried Cases)

30

35

Service of Proposed

Record

11(c)

18(d)(2)

Requesting Judicial

Settlement of Record

10

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

20

Service on Judge of

Request for Settlement

11(c)

18(d)(3)

Filing Record on Appeal

in Appellate Court

15

Settlement of Record on

Appeal

12(a)

Filing Appellant’s Brief

(or Mailing Brief Under

Rule 26(a))

30

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))

30

Service of Appellant’s

Brief

(60 Days in Death Cases)

13(a)

Filing Appellant’s Reply

Brief

(or Mailing Brief Under

Rule 26(a))

14

Service of Appellee’s

Brief

28(h)

Oral Argument

30

Filing Appellant’s Brief

(Usual Minimum Time)

29

Certification or Mandate

20

Issuance of Opinion

32

Petition for Rehearing

(Civil Action Only)

Mandate

31(a)

Mailing Brief Under

Rule 26(a))

30

Service of Appellant’s

Brief

(60 Days in Death Cases)

13(a)

Filing Appellant’s Reply

Brief

(or Mailing Brief Under

Rule 26(a))

14

Service of Appellee’s

Brief

28(h)

Oral Argument

30

Filing Appellant’s Brief

(Usual Minimum Time)

29

Certification or Mandate

20

Issuance of Opinion

32

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

30

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

40

Assignment by Court

Reporting Manager

3.1(c)

Serving Proposed

Record on Appeal

15

Delivery of Transcript

3.1(d)

Serving Notice of

Approval, Specific

Objections or

Amendments, or

Proposed Alternative

Record on Appeal

10

Service of Proposed

Record on Appeal

3.1(d)

Requesting Judicial

Settlement of Record

10

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

20

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

30

Filing of Record on

Appeal

13(a)(1)

Filing Appellee’s Brief

30

Service of Appellant’s

Brief

13(a)(1)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

14

Service of Appellee’s Brief

13(a)(1);

28(h)

Appendix A

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

30

Filing of Record on

Appeal

13(a)(1)

Filing Appellee’s Brief

30

Service of Appellant’s

Brief

13(a)(1)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

14

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

15

Docketing Appeal in

Court of Appeals

15(b)

Notice of Appeal and/or

Petition for

Discretionary Review

15

Mandate of Court of

Appeals (or From Order of

Court of Appeals Denying

Petition for Rehearing)

14(a)

15(b)

Cross-Notice of Appeal

10

Filing of First Notice of

Appeal

14(a)

Response to Petition for

Discretionary Review

10

Service of Petition

15(d)

Filing Appellant’s Brief

(or Mailing Brief Under

Rule 26(a))

30

Filing Notice of Appeal

Certification of Review

14(d)

15(g)(2)

Filing Appellee’s Brief

(or Mailing Brief Under

Rule 26(a))

30

Service of Appellant’s

Brief

14(d)

15(g)

Filing Appellant’s Reply

Brief (or Mailing Brief

Under Rule 26(a))

14

Service of Appellee’s Brief

28(h)

Oral Argument

30

Filing Appellee’s Brief

(Usual Minimum Time)

29

Certification or

Mandate

20

Issuance of Opinion

32

Petition for Rehearing

(Civil Action Only)

15

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 27 authorizes the trial tribunal to grant only

one extension of time for the delivery of a transcript. Note also that Rule 27

Appendix A

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 27 authorizes the trial tribunal to grant only

one extension of time for the delivery of a transcript. Note also that Rule 27

Appendix A

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; 375 N.C. 1034.

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

Documents composed for an appeal and presented to either appellate court for

filing shall be formatted and styled as described in this appendix.

GENERAL REQUIREMENTS

Documents shall be letter size (8½ x 11"). Documents shall be prepared using

a proportionally spaced font with serifs that is no smaller than 12-point and no larger

than 14-point in size. 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"

nclude,

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

Documents 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.

No. ______

(Number) DISTRICT

(SUPREME COURT OF NORTH CAROLINA)

(or)

(NORTH CAROLINA COURT OF APPEALS)

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

STATE OF NORTH CAROLINA

)

or

)

(Name of Plaintiff)

)

From (Name) County

)

v

)

No. ________

)

(Name of Defendant)

)

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

(TITLE OF DOCUMENT)

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

Appendix B

of the document.

No. ______

(Number) DISTRICT

(SUPREME COURT OF NORTH CAROLINA)

(or)

(NORTH CAROLINA COURT OF APPEALS)

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

STATE OF NORTH CAROLINA

)

or

)

(Name of Plaintiff)

)

From (Name) County

)

v

)

No. ________

)

(Name of Defendant)

)

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

(TITLE OF DOCUMENT)

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

Appendix B

USE OF THE TRANSCRIPT OF EVIDENCE WITH RECORD ON APPEAL

Those portions of the printed record that correspond to the items asterisked (*)

in the sample index above would be omitted if the transcript option were selected

under Rule 9(c). In their place, counsel should insert a statement in substantially

the following form:

“Per Rule 9(c) of the Rules of Appellate Procedure, the transcript of proceedings

in this case, taken by (name), transcriptionist, from (date) to (date) and

consisting of (# of volumes) volumes and (# of pages) pages, numbered

(1) through (last page #), is filed pursuant to Rule 12.”

Entire transcripts should not be inserted into the printed record. Transcript

pages inserted into the printed record will be treated as a narration and will be

printed at the standard page charge. Counsel should note that transcripts will not

be reproduced with the printed record 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

es. 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 printed record 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.

Appendix B

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

l 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

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, documents filed in a case will bear the 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 document, 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

Appendix B

(919) 999-9999

State Bar No. _______

[e-mail address]

(Appointed)

______________________

[Name]

Attorney for Defendant-Appellant

P. O. Box 0000

Raleigh, NC 27600

ef 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

Appendix B

(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;

375 N.C. 1034; 379 N.C. 694.

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. [Reserved]

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; 379 N.C. 694.

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___

ath.

(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

(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))

t, 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 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)

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___.

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 document 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-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 document 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. 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

guments 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

of

supersedeas

to

stay

(execution)(enforcement)

of

the

(judgment)(order)(decree)

of

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; 379 N.C. 694.

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

ttorney, 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; 379 N.C. 694.

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

be

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]

I.

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]

I.

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

I.

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].

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

d 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

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.

Appendix E

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. 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.:

I

rt

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.:

I.

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.

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.

Appendix E

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

phone 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. 1

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

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

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

. 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

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.

Appendix E

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. A fee payment is due when the document to

which it pertains is filed and must be submitted to the clerk of the appropriate

appellate court. A person may submit payment for an applicable fee by hand delivery

or mail.

There is no fee for filing a motion in a cause; other fees are as follows:

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 a monetary 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

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 a monetary 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; 379 N.C. 694.

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.