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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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Rule 1. Title; Scope of Rules; Trial Tribunal Defined

N.C. R. App. P. 1. Title; Scope of Rules; Trial Tribunal Defined

(a) Title. The title of these rules is “North Carolina Rules of Appellate Procedure.” They may be so cited either in general references or in reference to particular rules. In reference to particular rules the abbreviated form of citation, “N.C. R. App. P. ___,” is also appropriate.

(b) Scope of Rules. These rules govern procedure in all appeals from the courts of the trial division to the courts of the appellate division; in appeals in civil and criminal cases from the Court of Appeals to the Supreme Court; in direct appeals from administrative tribunals to the appellate division; and in applications to the courts of the appellate division for writs and other relief which the courts or judges thereof are empowered to give.

(c) Rules Do Not Affect Jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the courts of the appellate division as that is established by law.

(d) Definition of Trial Tribunal. As used in these rules, the term “trial tribunal” includes the superior courts, the district courts, and any administrative agencies, boards, or commissions from which appeals lie directly to the appellate division.

History Note.

287 N.C. 671; 312 N.C. 803; 324 N.C. 613; 354 N.C. 609; 363 N.C. 901.

Editor’s Note.

Former Rule 41, “Title,” was renumbered as Rule 42 on 3 March 1994, 113 N.C. App. 841, and then later recodified as Rule 1(a) on 2 July 2009, 363 N.C. 901.

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N.C. Rules of Appellate Procedure

  • Rule 1. Title; Scope of Rules; Trial Tribunal Defined
  • Rule 2. Suspension of Rules
  • Rule 3. Appeal in Civil Cases—How and When Taken
  • Rule 3.1. Appeal in Qualifying Juvenile Cases—How and When Taken; Special Rules
  • Rule 4. Appeal in Criminal Cases—How and When Taken
  • Rule 5. Joinder of Parties on Appeal
  • Rule 6. Security for Costs on Appeal
  • Rule 7. Preparation of the Transcript; Court Reporter’s Duties
  • Rule 8. Stay Pending Appeal
  • Rule 9. The Record on Appeal
  • Rule 10. Preservation of Issues at Trial; Proposed Issues on Appeal
  • Rule 11. Settling the Record on Appeal
  • Rule 12. Filing the Record; Docketing the Appeal; Copies of the Record
  • Rule 13. Filing and Service of Briefs
  • Rule 14. Appeals of Right from Court of Appeals to Supreme Court under N.C.G.S. § 7A-30
  • Rule 15. Discretionary Review on Certification by Supreme Court under N.C.G.S. § 7A-31
  • Rule 16. Scope of Review of Decisions of Court of Appeals
  • Rule 17. Appeal Bond in Appeals Under N.C.G.S. §§ 7A-30, 7A-31
  • Rule 18. Taking Appeal; Record on Appeal—Composition and Settlement
  • Rule 19. [Reserved]
  • Rule 20. Miscellaneous Provisions of Law Governing Appeals from Administrative Tribunals
  • Rule 21. Certiorari
  • Rule 22. Mandamus and Prohibition
  • Rule 23. Supersedeas
  • Rule 24. Form of Papers; Copies
  • Rule 25. Penalties for Failure to Comply with Rules
  • Rule 26. Filing and Service
  • Rule 27. Computation and Extension of Time
  • Rule 28. Briefs—Function and Content
  • Rule 29. Sessions of Courts; Calendar of Hearings
  • Rule 30. Oral Argument and Unpublished Opinions
  • Rule 31. Petition for Rehearing
  • Rule 32. Mandates of the Courts
  • Rule 33. Attorneys
  • Rule 33.1. Secure-Leave Periods for Attorneys
  • Rule 34. Frivolous Appeals; Sanctions
  • Rule 35. Costs
  • Rule 36. Trial Judges Authorized to Enter Orders Under These Rules
  • Rule 37. Motions in Appellate Courts
  • Rule 38. Substitution of Parties
  • Rule 39. Duties of Clerks; When Offices Open
  • Rule 40. Consolidation of Actions on Appeal
  • Rule 41. Appeal Information Statement
  • Rule 42. [Reserved]

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304 East Jones Street
Raleigh, NC 27601

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We invite you to contact us by telephone, (919) 789-4677, to discuss your needs and learn more about how we might be able to help you. We also have contact forms for family law, general employment law, and State employees.
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Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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