• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
    • Discrimination
    • Equal Pay
    • ERISA
    • FMLA
    • Non-competition Agreements
    • REDA
    • Retaliation
    • Retirement Benefits
    • Sexual Harassment
    • Social Security Disability
    • State Employees
    • Unemployment Benefits
    • Unpaid Wages
    • Whistleblower
    • Workers’ Compensation
    • Wrongful Discharge
  • Family Law
    • Absolute Divorce
    • Alimony
    • Family Law Appeals
    • Child Custody
    • Child Support
    • Domestic Violence
    • Mediation
    • Name Changes
    • Post Separation Support
    • Premarital Agreements
    • Property Division
    • Separation Agreements
    • Torts (Alienation of Affections)
  • Litigation
    • Class Actions
    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
  • Contact
    • Contact Form – Employment
    • Contact Form – State Employees
  • Bio

Rule 4. Appeal in Criminal Cases—How and When Taken

N.C. R. App. P. 4. Appeal in Criminal Cases—How and When Taken

(a) Manner and Time. Any party entitled by law to appeal from a judgment or order of a superior or district court rendered in a criminal action may take appeal by:

(1) giving oral notice of appeal at trial, or

(2) filing notice of appeal with the clerk of superior court and serving copies thereof upon all adverse parties within fourteen days after entry of the judgment or order or within fourteen days after a ruling on a motion for appropriate relief made during the fourteen-day period following entry of the judgment or order. Appeals from district court to superior court are governed by N.C.G.S. §§ 15A-1431 and -1432.

(b) Content of Notice of Appeal. The notice of appeal required to be filed and served by subdivision (a)(2) of this rule shall specify the party or parties taking the appeal; shall designate the judgment or order from which appeal is taken and the court to which appeal is taken; and shall be signed by counsel of record for the party or parties taking the appeal, or by any such party not represented by counsel of record.

(c) Service of Notice of Appeal. Service of copies of the notice of appeal may be made as provided in Rule 26.

(d) To Which Appellate Court Addressed. An appeal of right from a judgment of a superior court by any person who has been convicted of murder in the first degree and sentenced to death shall be filed in the Supreme Court. In all other criminal cases, appeal shall be filed in the Court of Appeals.

(e) Protecting the Identity of Juvenile Victims of Sexual Offenses. For appeals filed pursuant to this rule and for extraordinary writs filed in cases to which this rule applies, the identities of all victims of sexual offenses the trial court record shows were under the age of eighteen when the trial division proceedings occurred, including documents or other materials concerning delinquency proceedings in district court, shall be protected pursuant to Rule 3.1(b).

History Note.

287 N.C. 671; 295 N.C. 741; 305 N.C. 783; 322 N.C. 844; 92 N.C. App. 761; 324 N.C. 585; 324 N.C. 613; 348 N.C. 724; 354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 363 N.C. 901.

Primary Sidebar

The Office

The office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

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.

Copyright © 2025 David G. Schiller, Attorney at Law · All Rights Reserved · Powered by Mai Theme

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
  • Family Law
  • Litigation
  • Contact
  • Bio