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David G. Schiller, Attorney at Law

Raleigh Litigation Lawyer

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Rule 13. Filing and Service of Briefs

N.C. R. App. P. 13. Filing and Service of Briefs

(a) Time for Filing and Service of Briefs.

(1) Cases Other Than Death Penalty Cases. Within thirty days after the clerk of the appellate court has mailed the printed record to the parties, the appellant shall file a brief in the office of the clerk of the appellate court and serve copies thereof upon all other parties separately represented. The mailing of the printed record is not service for purposes of Rule 27(b); therefore, the provision of that rule allowing an additional three days after service by mail does not extend the period for the filing of an appellant’s brief. Within thirty days after appellant’s brief has been served on an appellee, the appellee shall similarly file and serve copies of a brief. An appellant may file and serve a reply brief as provided in Rule 28(h).

(2) Death Penalty Cases. Within sixty days after the clerk of the Supreme Court has mailed the printed record to the parties, the appellant in a criminal appeal which includes a sentence of death shall file a brief in the office of the clerk and serve copies thereof upon all other parties separately represented. The mailing of the printed record is not service for purposes of Rule 27(b); therefore, the provision of that rule allowing an additional three days after service by mail does not extend the period for the filing of an appellant’s brief. Within sixty days after appellant’s brief has been served, the appellee shall similarly file and serve copies of a brief. An appellant may file and serve a reply brief as provided in Rule 28(h).

(b) Copies Reproduced by Clerk. A party need file but a single copy of a brief. At the time of filing the party may be required to pay to the clerk of the appellate court a deposit fixed by the clerk to cover the cost of reproducing copies of the brief. The clerk will reproduce and distribute copies of briefs as directed by the court.

(c) Consequence of Failure to File and Serve Briefs. If an appellant fails to file and serve a brief within the time allowed, the appeal may be dismissed on motion of an appellee or on the court’s own initiative. If an appellee fails to file and serve its brief within the time allowed, the appellee may not be heard in oral argument except by permission of the court.

History Note.

287 N.C. 671; 301 N.C. 731; 312 N.C. 803; 322 N.C. 850; 324 N.C. 585; 324 N.C. 613; 354 N.C. 609; 357 N.C. 665; 359 N.C. 883; 363 N.C. 901; 365 N.C. 583.

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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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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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