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.