Appeals

14.1. How an appeal is taken. An appeal from an order or judgment of the Court is taken by filing a written notice of appeal with the Clerk of Superior Court in the county of venue. The notice of appeal must be filed within the time, in the manner, and with the effect provided by the controlling statutes and the North Carolina Rules of Appellate Procedure. The parties should promptly file a copy of the notice of appeal with the Court. 36 TOC Rule 14 14.2. Orders and opinions issued by the Appellate Division. If an appellate court issues an order or opinion in a case that is simultaneously proceeding (in whole or in part) in the Court, then the parties are encouraged to submit a copy of the order or opinion to the Court by e-mailing it to the law clerk for the presiding Business Court judge. The parties are also encouraged to notify the law clerk for the presiding Business Court judge if the appellate process for an action has reached its conclusion. This notification allows the Court to close cases that are no longer being litigated. 14.3. Procedures on remand. If an appellate court orders that a case on appeal be remanded to the Court for further proceedings, then—unless the Court instructs otherwise—the parties must confer within fifteen days of the issuance of the mandate pursuant to Rule 32 of the North Carolina Rules of Appellate Procedure about the case-management issues that apply to the proceedings upon remand. The parties must submit a report to the Court within ten days of the meeting that proposes a case-management structure for the proceedings. History Note. 372 N.C. 911; 372 N.C. 844. Rule 15. [Reserved] History Note. 372 N.C. 911; 372 N.C. 844; 381 N.C. 886.