Protecting Identities—Sealed Items and Identification Numbers

(a) Items Sealed in the Trial Tribunal. Items sealed in the trial tribunal remain under seal in the appellate courts. When these items are filed with the appellate courts, counsel must attach a copy of the order, statute, or other legal authority that sealed the item below. (b) Items Sealed by Operation of Rule. By virtue of this subsection, items filed with the appellate courts are under seal in the following matters: (1) (2) Appeals filed under N.C.G.S. § 7B-1001; Appeals filed under N.C.G.S. § 7B-2602; 78 TOC Rule 42 (3) (4) Appeals filed under N.C.G.S. § 7A-27 that involve a sexual offense committed against a minor; and Cases in which the right to appeal under one of these statutes has been lost. In briefs, motions, and petitions filed in these matters, counsel must use initials or a pseudonym instead of the minor’s name. Counsel for each party must agree on the initials or pseudonym and must include a stipulation that evidences this agreement in the record on appeal. (c) Items Sealed by the Appellate Courts. If an item was not sealed in the trial tribunal or by operation of rule, then counsel may move the appellate court to seal that item. Items subject to a motion to seal will be held under seal pending the appellate court’s disposition of the motion. (d) Labeling Sealed Items. Documents filed with the appellate courts that are under seal must display at the top of the first page this notice: UNDER SEAL AND SUBJECT TO PUBLIC INSPECTION ONLY BY ORDER OF A COURT OF THE APPELLATE DIVISION If the document under seal is included within another document, then this notice must also be displayed at the top of the first page of that other document. Non-documentary items filed with the appellate courts that are under seal must be submitted in an envelope or box that displays the same notice. (e) Identification Numbers. Driver license numbers, financial account numbers, social security numbers, and tax identification numbers must be excluded or redacted from all documents that are filed with the appellate courts unless the number is necessary to the disposition of the appeal. If the number is necessary to the disposition of the appeal, then counsel may move to seal the documents in which the number appears. History Note. 368 N.C. 1067; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974. Editor’s Note. Former Rule 41, “Title,” was renumbered as Rule 42 on 3 March 1994, 368 N.C. 1067, and then later recodified as Rule 1(a) on 2 July 2009, 363 N.C. 901. 79 TOC Appendixes to the North Carolina Rules of Appellate Procedure Appendix A. Timetables for Appeals Timetable of Appeals from Trial Division and Administrative Tribunals Under Articles II and IV of the Rules of Appellate Procedure Action Taking Appeal (Civil) Cross-Appeal Taking Appeal (Administrative Tribunal) Taking Appeal (Criminal) Serving Transcript Contract (Appellant) Serving Transcript Contract (Appellee) Serving Appellate Entries (Clerk of Superior Court) Delivering Transcript (General Rule) (Capitally Tried Cases) (Undisciplined or Delinquent Juvenile Cases) (Special Proceedings about the Admission or Discharge of Clients) Time (Days) From date of Rule Ref. Entry of Judgment (Unless Tolled) Service and Filing of a Timely Notice of Appeal Receipt of Final Administrative Tribunal Decision (Unless Statutes Provide Otherwise) Entry of Judgment (Unless Tolled) 3(c) 3(c) 18(b)(2) 4(a) Filing or Giving Notice of Appeal 7(b)(2) 18(b)(3) Appellant Filing or Giving Notice of Appeal 7(b)(2) 18(b)(3) Judge Signing Appellate Entries 7(c)(2) Service of Transcript Contract or Appellate Entries 7(e)(1) 30 10 30 14 14 28 14 90 180 60 60 80 TOC Serving Proposed Record on Appeal (General Rule) Serving Proposed Record on Appeal (Capitally Tried Cases) Serving Objections or Proposed Alternative Record on Appeal (General Rule) (Capitally Tried Cases) Requesting Judicial Settlement of Record Judicial Settlement of Record Filing Record on Appeal in Appellate Court Filing Appellant’s Brief (or Mailing Brief Under Rule 26(a)) Filing Appellee’s Brief (or Mailing Brief Under Rule 26(a)) Filing Appellant’s Reply Brief (or Mailing Brief Under Rule 26(a)) Oral Argument 45 All Transcripts Being Delivered or Notice of Appeal, Whichever is Later 70 All Transcripts Being Delivered Appendix A 11(b) 18(d) 11(b) Service of Proposed Record 11(c) 18(d)(2) 30 35 10 20 15 30 30 14 Expiration of the Last Day Within Which an Appellee Who Has Been Served Could Serve Objections, etc. Service on Judge of Request for Settlement Settlement of Record on Appeal Filing the Record on Appeal in Appellate Court (60 Days in Death Cases) Service of Appellant’s Brief (60 Days in Death Cases) Service of Appellee’s Brief 30 Filing Appellant’s Brief (Usual Minimum Time) 11(c) 18(d)(3) 11(c) 18(d)(3) 12(a) 13(a) 13(a) 28(h) 29 32 31(a) Certification or Mandate 20 Issuance of Opinion Petition for Rehearing (Civil Action Only) 15 Mandate 81 TOC Appendix A Timetable of Appeals from Trial Division Under Article II, Rule 3.1, of the Rules of Appellate Procedure Action Taking Appeal Time (Days) From date of Rule Ref. 30 Entry of Judgment 3.1(b); N.C.G.S. § 7B- 1001 3.1(c) 3.1(c) Notifying Court Reporting Manager Assigning Transcriptionist 1 (Business) Filing Notice of Appeal 5 (Business) Completion of Expedited Juvenile Appeals Form Delivering a Transcript of the Proceedings 40 Assignment by Court Reporting Manager 3.1(c) Serving Proposed Record on Appeal Serving Notice of Approval, Specific Objections or Amendments, or Proposed Alternative Record on Appeal Requesting Judicial Settlement of Record Judicial Settlement of Record Filing Record on Appeal in Appellate Court Filing Appellant’s Brief Filing Appellee’s Brief Filing Appellant’s Reply Brief (or Mailing Brief Under Rule 26(a)) 15 Delivery of Transcript 3.1(d) 10 Service of Proposed Record on Appeal 3.1(d) 10 Expiration of the Last Day Within Which an Appellee Who Has Been Served Could Serve Objections, etc. 20 Service on Judge of Request for Settlement 5 (Business) Settlement of Record on Appeal 30 30 Filing of Record on Appeal Service of Appellant’s Brief 14 Service of Appellee’s Brief 3.1(d); 11(c) 3.1(d); 11(c) 3.1(d) 13(a)(1) 13(a)(1) 13(a)(1); 28(h) 82 TOC Appendix A Timetable of Appeals to the Supreme Court from the Court of Appeals Under Article III of the Rules of Appellate Procedure Action Time (Days) From date of Rule Ref. Petition for Discretionary Review Prior to Determination Notice of Appeal and/or Petition for Discretionary Review Cross-Notice of Appeal Response to Petition for Discretionary Review Filing Appellant’s Brief (or Mailing Brief Under Rule 26(a)) Filing Appellee’s Brief (or Mailing Brief Under Rule 26(a)) Filing Appellant’s Reply Brief (or Mailing Brief Under Rule 26(a)) Oral Argument Certification or Mandate Petition for Rehearing (Civil Action Only) 15 Docketing Appeal in Court of Appeals 15 Mandate of Court of Appeals (or From Order of Court of Appeals Denying Petition for Rehearing) 10 Filing of First Notice of Appeal 10 Service of Petition 15(b) 14(a) 15(b) 14(a) 15(d) 30 30 Order Retaining Appeal Certification of Review 14(d) 15(g)(2) Service of Appellant’s Brief 14(d) 15(g) 14 Service of Appellee’s Brief 28(h) 30 Filing Appellee’s Brief (Usual Minimum Time) 20 Issuance of Opinion 15 Mandate 29 32 31(a) _________________________ All of the critical time intervals outlined here except those for taking an appeal, petitioning for discretionary review, responding to a petition for discretionary review, or petitioning for rehearing may be extended by order of the court in which the appeal is docketed at the time. Note that Rule 27 authorizes the trial tribunal to grant only one extension of time for the delivery of a transcript. Note also that Rule 27 83 TOC Appendix A authorizes the trial tribunal to grant only one extension of time for service of the proposed record. All other motions for extension of the times provided in these rules must be filed with the appellate court to which the appeal of right lies. No time limits are prescribed for petitions for writs of certiorari other than that they be “filed without unreasonable delay.” (Rule 21(c)). History Note. 287 N.C. 671; 306 N.C. 757; 314 N.C. 683; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671; 345 N.C. 765; 354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974; 375 N.C. 1034; Order Dated 19 March 2025. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 84 TOC Appendix B Appendix B. Format and Style Documents composed for an appeal and presented to either appellate court for filing shall be formatted and styled as described in this appendix. GENERAL REQUIREMENTS Documents shall be letter size (8½ x 11"). Documents shall be prepared using a proportionally spaced font with serifs that is no smaller than 12-point and no larger than 14-point in size. Examples of proportionally spaced fonts with serifs include, but are not limited to, Constantia, Century, Century Schoolbook, and Century Old Style typeface. To allow for binding of documents, a margin of approximately one inch shall be left on all sides of the page. The formatted page should be approximately 6½ inches wide and 9 inches long. Tabs are located at the following distances from the left margin: ½", 1", 1½", 2", 4¼" (center), and 5". CAPTIONS OF DOCUMENTS Documents shall be headed by a caption. The caption contains: the number to be assigned the case by the clerk; the Judicial District from which the case arises; the appellate court to whose attention the document is addressed; the style of the case showing the names of all parties to the action, except as provided by Rule 42; the county from which the case comes; the indictment or docket numbers of the case below (in records on appeal and in motions and petitions in the cause filed prior to the filing of the record); and the title of the document. The caption shall be placed beginning at the top margin of a cover page and again on the first textual page of the document. No. ______ (Number) DISTRICT (SUPREME COURT OF NORTH CAROLINA) (or) (NORTH CAROLINA COURT OF APPEALS) ******************************** STATE OF NORTH CAROLINA or (Name of Plaintiff) v (Name of Defendant) ) ) ) ) ) ) ) From (Name) County No. ________ ******************************** (TITLE OF DOCUMENT) ******************************** 85 TOC Appendix B The caption should reflect the title of the action (all parties named except as provided by Rule 42) as it appeared in the trial division. The appellant or petitioner is not automatically given topside billing; the relative positions of the plaintiff and defendant should be retained. The caption of a component of the record on appeal and of a notice of appeal from the trial division should include directly below the name of the county, the indictment or docket numbers of the case in the trial division. Those numbers, however, should not be included in other documents, except a petition for writ of certiorari or other petitions and motions in which no record on appeal has yet been created in the case. In notices of appeal or petitions to the Supreme Court from decisions of the Court of Appeals, the caption should show the Court of Appeals docket number in similar fashion. Immediately below the caption of each document, centered and underlined, in all capital letters, should be the title of the document, e.g., PETITION FOR DISCRETIONARY or UNDER DEFENDANT-APPELLANT’S BRIEF. A brief filed in the Supreme Court in a case previously heard and decided by the Court of Appeals is entitled NEW BRIEF. REVIEW N.C.G.S. 7A-31, § INDEXES A brief or petition that is ten pages or more in length and all appendixes to briefs (Rule 28) must contain an index to the contents. The index should be indented approximately ¾" from each margin, providing a 5" line. The form of the index for a printed record should be as follows (indexes for briefs are addressed in Appendix E): (Printed Record) INDEX * * * *PLAINTIFF’S EVIDENCE: *DEFENDANT’S EVIDENCE: 86 TOC Appendix B USE OF THE TRANSCRIPT OF EVIDENCE WITH RECORD ON APPEAL Those portions of the printed record that correspond to the items asterisked (*) in the sample index above would be omitted if the transcript option were selected under Rule 9(c). In their place, counsel should insert a statement in substantially the following form: “Per Rule 9(c) of the Rules of Appellate Procedure, the transcript of proceedings in this case, taken by (name), transcriptionist, from (date) to (date) and consisting of (# of volumes) volumes and (# of pages) pages, numbered (1) through (last page #), is filed pursuant to Rule 12.” Entire transcripts should not be inserted into the printed record. Transcript pages inserted into the printed record will be treated as a narration and will be printed at the standard page charge. Counsel should note that transcripts will not be reproduced with the printed record but will be treated and used as an exhibit. TABLE OF CASES AND AUTHORITIES Immediately following the index and before the inside caption, all briefs, petitions, and motions that are ten pages or greater in length shall contain a table of cases and authorities. Cases should be arranged alphabetically, followed by constitutional provisions, statutes, regulations, and other textbooks and authorities. The format should be similar to that of the index. Citations should be made according to the most recent edition of The Bluebook: A Uniform System of Citation. Citations to regional reporters shall include parallel citations to official state reporters. FORMAT OF BODY OF DOCUMENT Paragraphs within the body of the printed record should be single-spaced, with double spaces between paragraphs. The body of petitions, notices of appeal, responses, motions, and briefs should be double-spaced, with captions, headings, issues, and long quotes single-spaced. Adherence to the margins is important because the document will be reproduced front and back and will be bound on the side. No part of the text should be obscured by that binding. Quotations of more than three lines in length should be indented ¾" from each margin and should be single-spaced. The citation should immediately follow the quote. 87 TOC Appendix B References to the record on appeal should be made using a parenthetical in the text: (R pp 38-40). References to the transcript, if used, should be made in a similar manner: (T p 558, line 21). TOPICAL HEADINGS The various sections of the brief or petition should be separated (and indexed) by topical headings, centered and underlined, in all capital letters. Within the argument section, the issues presented should be set out as a heading in all capital letters and in paragraph format from margin to margin. Sub-issues should be presented in similar format, but block indented ½" from the left margin. NUMBERING PAGES The cover page containing the caption of the document (and the index in records on appeal) is unnumbered. The index and table of cases and authorities are on pages numbered with lowercase Roman numerals, e.g., i, ii, iv. While the page containing the inside caption and the beginning of the substance of the petition or brief bears no number, it is page 1. Subsequent pages are sequentially numbered by Arabic numbers, flanked by dashes, at the center of the top margin of the page, e.g., -4-. An appendix to the brief should be separately numbered in the manner of a brief. SIGNATURE AND ADDRESS Unless filed pro se, documents filed in a case will bear the signature of at least one counsel participating in the case, as in the example below. The name, address, telephone number, State Bar number, and e-mail address of the person signing, together with the capacity in which that person signs the document, will be included. When counsel or the firm is retained, the firm name should be included above the signature; however, if counsel is appointed in an indigent criminal appeal, only the name of the appointed counsel should appear, without identification of any firm affiliation. Counsel participating in argument must have signed the brief in the case prior to that argument. (Retained) [LAW FIRM NAME] By: ______________________ [Name] By: ______________________ [Name] Attorneys for Plaintiff-Appellants P. O. Box 0000 Raleigh, NC 27600 88 TOC Appendix B (Appointed) (919) 999-9999 State Bar No. _______ [e-mail address] ______________________ [Name] Attorney for Defendant-Appellant P. O. Box 0000 Raleigh, NC 27600 (919) 999-9999 State Bar No. _______ [e-mail address] History Note. 287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 354 N.C. 598; 354 N.C. 609; 356 N.C. 702; 356 N.C. 706; 358 N.C. 824; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974; 375 N.C. 1034; 379 N.C. 694. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 89 TOC Appendix C Appendix C. [Reserved] History Note. 287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 379 N.C. 694. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 90 TOC Appendix D Appendix D. Forms Captions for all documents filed in the appellate division should be in the format prescribed by Appendix B, addressed to the Court whose review is sought. NOTICES OF APPEAL (1) To Court of Appeals from Trial Division Appropriate in all appeals of right from district or superior court except appeals from criminal judgments imposing sentences of death. (Caption) *************************** TO THE HONORABLE COURT OF APPEALS OF NORTH CAROLINA: (Plaintiff)(Defendant), (Name of Party), hereby gives notice of appeal to the Court of Appeals of North Carolina (from the final judgment)(from the order) entered on (date) in (District)(Superior) Court, __________ County, (describing it). Respectfully submitted this the __ day of _________, 2___. s/______________________ Attorney for (Plaintiff)(Defendant)-Appellant (Address, Telephone Number, State Bar Number, and E-mail Address) (2) To Supreme Court from a Judgment of the Superior Court Including a Sentence of Death (Caption) *************************** TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA: (Name of Defendant), Defendant, hereby gives notice of appeal to the Supreme Court of North Carolina from the final judgment entered by (name of Judge) in Superior Court, __________ County, on (date), which judgment included a conviction of murder in the first degree and a sentence of death. Respectfully submitted this the __ day of _________, 2___. s/______________________ Attorney for Defendant-Appellant (Address, Telephone Number, State Bar Number, and E-mail Address) 91 TOC Appendix D (3) To Supreme Court from a Judgment of the Court of Appeals Appropriate in all appeals taken as of right from opinions and judgments of the Court of Appeals to the Supreme Court under N.C.G.S. § 7A-30. The appealing party shall enclose a clear copy of the opinion of the Court of Appeals with the notice. To take account of the possibility that the Supreme Court may determine that the appeal does not lie of right, an alternative petition for discretionary review may be filed with the notice of appeal. (Caption) ****************** TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA: (Plaintiff)(Defendant), (Name of Party), hereby appeals to the Supreme Court of North Carolina from the judgment of the Court of Appeals (describe it), which judgment directly involves a substantial question arising under the Constitution(s) (of the United States)(and)(or)(of the State of North Carolina) as follows: (Here describe the specific issues, citing constitutional provisions under which they arise and showing how such issues were timely raised below and are set out in the record of appeal, e.g.: Issue 1: Said judgment directly involves a substantial question arising under the Fourth and Fourteenth Amendments to the Constitution of the United States and under Article 1, Section 20 of the Constitution of the State of North Carolina, in that it deprives rights secured thereunder to the defendant by overruling defendant’s challenge to the denial of (his)(her) Motion to Suppress Evidence Obtained by a Search Warrant, thereby depriving defendant of the constitutional right to be secure in his or her person, house, papers, and effects against unreasonable searches and seizures and violating constitutional prohibitions against warrants issued without probable cause and warrants not supported by evidence. This constitutional issue was timely raised in the trial tribunal by defendant’s Motion to Suppress Evidence Obtained by a Search Warrant made prior to trial of defendant (R pp 7–10). This constitutional issue was determined erroneously by the Court of Appeals.) In the event the Court finds this constitutional question to be substantial, petitioner intends to present the following issues in its brief for review: (Here list all issues to be presented in appellant’s brief to the Supreme Court, not limited to those which are the basis of the constitutional question claim. An issue may not be briefed if it is not listed in the notice of appeal.) Respectfully submitted this the __ day of _________, 2___. s/______________________ Attorney for (Plaintiff)(Defendant)-Appellant 92 TOC Appendix D (Address, Telephone Number, State Bar Number, and E-mail Address) PETITION FOR DISCRETIONARY REVIEW UNDER N.C.G.S. § 7A-31 To seek review of the opinion and judgment of the Court of Appeals when petitioner contends the case involves issues of public interest or jurisprudential significance. May also be filed as a separate document in conjunction with a notice of appeal to the Supreme Court when the appellant contends that such appeal lies of right due to substantial constitutional questions under N.C.G.S. § 7A-30, but desires to have the Court consider discretionary review should it determine that appeal does not lie of right in the particular case. (Caption) *************************** TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA: (Plaintiff)(Defendant), (Name of Party), respectfully petitions the Supreme Court of North Carolina to certify for discretionary review the judgment of the Court of Appeals (describing it) on the basis that (here set out the grounds from N.C.G.S. § 7A-31 that provide the basis for the petition). In support of this petition, (Plaintiff)(Defendant) shows the following: Facts (Here state first the procedural history of the case through the trial division and the Court of Appeals. Then set out factual background necessary for understanding the basis of the petition.) Reasons Why Certification Should Issue (Here set out factual and legal arguments to justify certification of the case for full review. While some substantive argument will certainly be helpful, the focus of the argument in the petition should show how the opinion of the Court of Appeals conflicts with prior decisions of the Supreme Court or how the case is significant to the jurisprudence of the State or of significant public interest. If the Court is persuaded to take the case, the appellant may deal thoroughly with the substantive issues in the new brief.) Issues to Be Briefed In the event the Court allows this petition for discretionary review, petitioner intends to present the following issues in its brief for review: (Here list all issues to be presented in appellant’s brief to the Supreme Court, not limited to those that are the basis of the petition. An issue may not be briefed if it is not listed in the petition.) Respectfully submitted this the __ day of _________, 2___. s/______________________ 93 TOC Appendix D Attorney for (Plaintiff)(Defendant)-Appellant (Address, Telephone Number, State Bar Number, and E-mail Address) Attached to the petition shall be a certificate of service upon the opposing parties and a clear copy of the opinion of the Court of Appeals in the case. PETITION FOR WRIT OF CERTIORARI To seek review: (1) by the appropriate appellate court of judgments or orders of trial tribunals when the right to prosecute an appeal has been lost or when no right to appeal exists; and (2) by the Supreme Court of decisions and orders of the Court of Appeals when no right to appeal or to petition for discretionary review exists or when such right has been lost by failure to take timely action. (Caption) *************************** TO THE HONORABLE (SUPREME COURT)(COURT OF APPEALS) OF NORTH CAROLINA: (Plaintiff)(Defendant), (Name of Party), respectfully petitions this Court to issue its writ of certiorari pursuant to Rule 21 of the Rules of Appellate Procedure to review the (judgment)(order)(decree) of the [Honorable (name), Judge Presiding, (Superior)(District) Court, __________ County][North Carolina Court of Appeals], dated (date), (here describe the judgment, order, or decree appealed from), and in support of this petition shows the following: Facts (Here set out factual background necessary for understanding the basis of the petition: e.g., failure to perfect appeal by reason of circumstances constituting excusable neglect; non-appealability of right of an interlocutory order, etc.) (If circumstances are that transcript could not be procured from court reporter, statement should include estimate of date of availability and supporting affidavit from the court reporter.) Reasons Why Writ Should Issue (Here set out factual and legal arguments to justify issuance of writ: e.g., reasons why interlocutory order makes it impracticable for petitioner to proceed further in trial court; meritorious basis of petitioner’s proposed issues, etc.) Attachments Attached to this petition for consideration by the Court are certified copies of the (judgment)(order)(decree) sought to be reviewed, and (here list any other certified items from the trial court record and any affidavits attached as pertinent to consideration of the petition). 94 TOC Appendix D Wherefore, petitioner respectfully prays that this Court issue its writ of certiorari to the [(Superior)(District) Court, __________ County][North Carolina Court of Appeals] to permit review of the (judgment)(order)(decree) above specified, upon issues stated as follows: (here list the issues, in the manner provided for in the petition for discretionary review); and that the petitioner have such other relief as to the Court may seem proper. Respectfully submitted this the __ day of _________, 2___. s/_______________________ Attorney for Petitioner (Address, Telephone Number, State Bar Number, and E-mail Address) (Verification by petitioner or counsel) (Certificate of service upon opposing parties) (Attach a clear copy of the opinion, order, etc. which is the subject of the petition and other attachments as described in the petition.) PETITION FOR WRIT OF SUPERSEDEAS UNDER RULE 23 AND MOTION FOR TEMPORARY STAY A writ of supersedeas operates to stay the execution or enforcement of any judgment, order, or other determination of a trial court or of the Court of Appeals in civil cases under Rule 8 or to stay imprisonment or execution of a sentence of death in criminal cases (other portions of criminal sentences, e.g., fines, are stayed automatically pending an appeal of right). A motion for temporary stay under Rule 23(e) is appropriate to seek an immediate stay of execution on an ex parte basis pending the Court’s decision on the petition for supersedeas or the substantive petition in the case. (Caption) *************************** TO THE HONORABLE (COURT OF APPEALS)(SUPREME COURT) OF NORTH CAROLINA: its writ of supersedeas the (Plaintiff)(Defendant), (Name of Party), respectfully petitions this Court to to stay the issue (judgment)(order)(decree) of [Honorable __________, Judge Presiding, (Superior)(District) Court, __________ County][North Carolina Court of Appeals] dated __________, pending review by this Court of said (judgment)(order)(decree) which (here describe the judgment, order, or decree and its operation if not stayed); and in support of this petition shows the following: (execution)(enforcement) of 95 TOC Appendix D Facts (Here set out factual background necessary for understanding the basis of the petition and justifying its filing under Rule 23: e.g., trial judge has vacated the entry upon finding security deposited under N.C.G.S. § _____ inadequate; trial judge has refused to stay execution upon motion therefor by petitioner; circumstances make it impracticable to apply first to trial judge for stay, etc.; and showing that review of the trial court judgment is being sought by appeal or extraordinary writ.) Reasons Why Writ Should Issue (Here set out factual and legal arguments for justice of issuing the writ; e.g., that security deemed inadequate by trial judge is adequate under the circumstances; that irreparable harm will result to petitioner if it is required to obey decree pending its review; that petitioner has meritorious basis for seeking review, etc.) Attachments Attached to this petition for consideration by the court are certified copies of the (judgment)(order)(decree) sought to be stayed and (here list any other certified items from the trial court record and any affidavits deemed necessary to consideration of the petition). Wherefore, petitioner respectfully prays that this Court issue its writ of supersedeas to the [(Superior)(District) Court, __________ County)][North Carolina Court of Appeals] staying (execution)(enforcement) of its (judgment)(order)(decree) above specified, pending issuance of the mandate to this Court following its review and determination of the (appeal)(discretionary review)(review by extraordinary writ)(now pending)(the petition for which will be timely filed); and that the petitioner have such other relief as to the Court may seem proper. Respectfully submitted this the __ day of _________, 2___. s/______________________ Attorney for Petitioner (Address, Telephone Number, State Bar Number, and E-mail Address) (Verification by petitioner or counsel) (Certificate of Service upon opposing party) Rule 23(e) provides that in conjunction with a petition for supersedeas, either as part of it or separately, the petitioner may move for a temporary stay of execution or enforcement pending the Court’s ruling on the petition for supersedeas. The following form is illustrative of such a motion for temporary stay, either included as part of the main petition or filed separately. 96 TOC Appendix D Motion for Temporary Stay (Plaintiff)(Defendant) respectfully applies to the Court for an order temporarily staying (execution)(enforcement) of the (judgment)(order)(decree) that is the subject of (this)(the accompanying) petition for writ of supersedeas, such order to be in effect until determination by this Court whether it shall issue its writ. In support of this Application, movant shows that (here set out the legal and factual arguments for the issuance of such a temporary stay order; e.g., irreparable harm practically threatened if petitioner must obey decree of trial court during interval before decision by Court whether to issue writ of supersedeas). Motion for Stay of Execution In death cases, the Supreme Court uses an order for stay of execution of death sentence in lieu of the writ of supersedeas. Counsel should promptly apply for such a stay after the judgment of the superior court imposing the death sentence. The stay of execution order will provide that it remains in effect until dissolved. The following form illustrates the contents needed in such a motion. (Caption) *************************** TO THE HONORABLE SUPREME COURT OF NORTH CAROLINA: Now comes the defendant, (name), who respectfully shows the Court: 1. That on (date of judgment), The Honorable __________, Judge Presiding, Superior Court, __________ County, sentenced the defendant to death, execution being set for (date of execution). 2. That pursuant to N.C.G.S. § 15A-2000(d)(1), there is an automatic appeal of this matter to the Supreme Court of North Carolina, and defendant’s notice of appeal was given (describe the circumstances and date of notice). 3. That the record on appeal in this case cannot be served and settled, the matter docketed, the briefs prepared, the arguments heard, and a decision rendered before the date scheduled for execution. WHEREFORE, the defendant prays the Court to enter an order staying the execution pending judgment and further orders of this Court. Respectfully submitted this the __ day of _________, 2___. s/_______________________ Attorney for Defendant-Appellant (Address, Telephone Number, State Bar Number, and E-mail Address) (Certificate of Service on Attorney General, District Attorney, and Warden of Central Prison) 97 TOC History Note. Appendix D 287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 345 N.C. 765; 354 N.C. 598; 354 N.C. 609; 361 N.C. 732; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974; 379 N.C. 694; Order Dated 19 March 2025. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 98 TOC Appendix E Appendix E. Content of Briefs CAPTION Briefs should use the caption as shown in Appendix B. The title of the document should reflect the position of the filing party both at the trial level and on the appeal, e.g., DEFENDANT-APPELLANT’S BRIEF, PLAINTIFF-APPELLEE’S BRIEF, or BRIEF FOR THE STATE. A brief filed in the Supreme Court in a case decided by the Court of Appeals is captioned a “New Brief” and the position of the filing reflected, e.g., DEFENDANT-APPELLEE’S NEW BRIEF (when the State has appealed from the Court of Appeals in a criminal matter). Supreme should before Court party the be The cover page should contain only the caption of the case. Succeeding pages should present the following items, in order. INDEX OF THE BRIEF Each brief should contain a topical index beginning at the top margin of the first page following the cover, in substantially the following form: INDEX ARGUMENT: [STANDARD OF REVIEW [May be placed at either the beginning of the discussion of each issue or under a separate heading placed before the beginning of the I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS STATEMENT BECAUSE THAT STATEMENT WAS THE PRODUCT OF INCULPATORY IV. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENDANT’S MOTION TO * * * 99 TOC Appendix E SUPPRESS THE FRUITS OF A WARRANTLESS SEARCH OF HIS APARTMENT BECAUSE THE CONSENT GIVEN WAS THE PRODUCT OF POLICE APPENDIX: TABLE OF CASES AND AUTHORITIES * * * * * This table should begin at the top margin of the page following the index. Page references should be made to each citation of authority, as shown in the example below. TABLE OF CASES AND AUTHORITIES United States v. Mendenhall, 446 U.S. 544, 100 S. Ct. 1870, ISSUES PRESENTED * * * * * The inside caption is on page 1 of the brief, followed by the Issues Presented. The phrasing of the issues presented need not be identical to that set forth in the proposed issues on appeal in the record. The appellee’s brief need not restate the issues unless the appellee desires to present additional issues to the Court. 100 TOC Appendix E ISSUES PRESENTED I. DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS THE PRODUCT OF AN ILLEGAL DETENTION? STATEMENT OF THE CASE * * * If the Issues Presented carry beyond page 1, the Statement of the Case should follow them, separated by the heading. If the Issues Presented do not carry over, the Statement of the Case should begin at the top of page 2 of the brief. Set forth a concise chronology of the course of the proceedings in the trial court and the route of appeal, including pertinent dates. For example: STATEMENT OF THE CASE The defendant, [name], was convicted of first-degree rape at the [date], Criminal Session of the Superior Court, __________ County, the Honorable [name] presiding, and received ___________ sentence felony. The defendant gave written notice of appeal in open court to the Supreme Court of North Carolina at the time of the entry of judgment on [date]. The transcript was ordered on [date] and was delivered to the parties on [date]. the __________ for A motion to extend the time for serving and filing the record on appeal was allowed by the Supreme Court on [date]. The record was filed and docketed in the Supreme Court on [date]. STATEMENT OF THE GROUNDS FOR APPELLATE REVIEW Set forth the statutory basis for permitting appellate review. For example, in an appeal from a final judgment to the Court of Appeals, the appellant might state that the ground for appellate review is a final judgment of the superior court under N.C.G.S. § 7A-27(b). If the appeal is based on N.C. R. Civ. P. 54(b), the appellant must also state that there has been a final judgment as to one or more but fewer than all of the claims or parties and that there has been a certification by the trial court that there is no just reason for delay. If the appeal is from an interlocutory order or determination based on a substantial right, the appellant must present, in addition to the statutory authorization, facts and argument showing the substantial right that will be lost, prejudiced, or less than adequately protected absent immediate appellate review. 101 TOC Appendix E STATEMENT OF THE FACTS The facts constitute the basis of the dispute or criminal charges and the procedural mechanics of the case if they are significant to the issues presented. The facts should be stated objectively and concisely and should be limited to those that are relevant to the issue or issues presented. Do not include verbatim portions of the record or other matters of an evidentiary nature in the statement of the facts. Summaries and record or transcript citations should be used instead. No appendix should be compiled simply to support the statement of the facts. The appellee’s brief need contain no statement of the case or facts if there is no dispute. The appellee may state additional facts where deemed necessary, or, if there is a dispute over the facts, may restate the facts as they appear from the appellee’s viewpoint. ARGUMENT Each issue will be set forth in uppercase typeface as the party’s contention, e.g.: I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENDANT’S MOTION TO SUPPRESS HIS INCULPATORY STATEMENT BECAUSE THAT STATEMENT WAS THE PRODUCT OF AN ILLEGAL DETENTION. The standard of review for each issue presented shall be set out in accordance with Rule 28(b)(6). Parties should feel free to summarize, quote from, or cite to the record or transcript during the presentation of argument. If the transcript option is selected under Rule 9(c), the appendix to the brief may be needed, as described in Rule 28 and below. When statutory or regulatory materials are cited, the relevant portions should be quoted in the body of the argument or placed in the appendix to the brief, as required by Rule 28(d)(1)c. CONCLUSION State briefly and clearly the specific objective or relief sought in the appeal. It is not necessary to restate the party’s contentions, since they are presented both in the index and as headings to the individual arguments. 102 TOC Appendix E SIGNATURE AND CERTIFICATE OF SERVICE Following the conclusion, the brief must be dated and signed, with the attorney’s typed or printed name, mailing address, telephone number, State Bar number, and e-mail address, all indented to the center of the page. The Certificate of Service is then shown with a centered, uppercase heading. The certificate itself, describing the manner of service upon the opposing party with the complete mailing address of the party or attorney served, is followed by the date and the signature of the person certifying the service. APPENDIX TO THE BRIEF UNDER THE TRANSCRIPT OPTION Rules 9(c) and 28 require additional steps to be taken in the brief to point the Court to appropriate excerpts from the transcript considered essential to the understanding of the arguments presented. Counsel are encouraged to cite, narrate, and quote freely within the body of the brief. However, if because of length a verbatim quotation is not included in the body of the brief, that portion of the transcript and others like it shall be compiled into an appendix to the brief to be placed at the end of the brief, following all signatures and certificates. Counsel should not attach the entire transcript as an appendix to support issues involving a directed verdict, sufficiency of the evidence, or the like. The appendix should be prepared to be clear and readable, distinctly showing the transcript page or pages from which each passage is drawn. Counsel may reproduce transcript pages themselves, clearly indicating those portions to which attention is directed. The appendix should include a table of contents, showing the items contained in the appendix and the pages in the appendix where those items appear. The appendix shall be paginated separately from the text of the brief. For example: CONTENTS OF APPENDIX The appendix will be printed as submitted with the brief to which it is appended. Therefore, clarity of image is extremely important. * * * * * 103 TOC History Note. Appendix E 287 N.C. 671; 306 N.C. 757; 324 N.C. 585; 324 N.C. 613; 354 N.C. 598; 354 N.C. 609; 356 N.C. 702; 359 N.C. 883; 363 N.C. 901; 369 N.C. 763. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 104 TOC Appendix F Appendix F. Fees and Costs Fees and costs are provided by order of the Supreme Court and apply to proceedings in either appellate court. A fee payment is due when the document to which it pertains is filed and must be submitted to the clerk of the appropriate appellate court. A person may submit payment for an applicable fee by hand delivery or mail. There is no fee for filing a motion in a cause; other fees are as follows: Notice of Appeal, Petition for Discretionary Review, Petition for Writ of Certiorari or other extraordinary writ, Petition for Writ of Supersedeas—docketing fee of $10.00 for each document, i.e., docketing fees for a notice of appeal and petition for discretionary review filed jointly would be $20.00. Petitions to rehear require a docketing fee of $20.00. (Petitions to rehear are only entertained in civil cases.) An appeal bond or a monetary deposit of $250.00 is required in civil cases per Rules 6 and 17. The bond should be filed contemporaneously with the record in the Court of Appeals and with the notice of appeal in the Supreme Court. The bond will not be required in cases brought by petition for discretionary review or certiorari unless and until the court allows the petition. Costs for printing documents are $1.75 per printed page. The appendix to a brief under the transcript option of Rules 9(c) and 28(b) and (c) will be reproduced as is, but billed at the rate of the printing of the brief. Both appellate courts will bill the parties for the costs of printing their documents. Court costs on appeal total $9.00, plus the cost of copies of the opinion to each party filing a brief, and are imposed when a notice of appeal is withdrawn or dismissed, or when the mandate is issued following the opinion in a case. Photocopying charges are $.20 per page. The facsimile transmission fee for documents sent from the clerk’s office, which is in addition to standard photocopying charges, is $5.00 for the first twenty-five pages and $.20 for each page thereafter. The fee for a certified copy of an appellate court decision, in addition to photocopying charges, is $10.00. History Note. 287 N.C. 671; 306 N.C. 757; 314 N.C. 683; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671; 343 N.C. 769; 354 N.C. 598; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; 379 N.C. 694. Editor’s Note. The former “Appendix of Tables and Forms,” 287 N.C. 671, was repealed and replaced with Appendixes A through F on 7 December 1982, 306 N.C. 757. 105 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 287 N.C. 671–780 Complete Rule Set Adopted 13 June 1975 737 731 721 Rule 30 Rule 30 Rule 14 Done 18 December 1975 Adopted 3 May 1976 Adopted 31 January 1977 739–40 Rules 18, 19 Adopted 21 June 1977 288 N.C. 289 N.C. 291 N.C. 292 N.C. 294 N.C. 295 N.C. 295 N.C. 296 N.C. 301 N.C. 749 741 742 743 731 Rule 27 Rules 7, 17 Rules 4, 27 Rule 30 Rule 13 301 N.C. 731–32 Rules 14, 15 301 N.C. 301 N.C. 732 733 Rule 18 Rule 23 Adopted 7 March 1978 Adopted 19 June 1978 Effective 1 July 1978 Approved 4 October 1978 Effective 1 January 1979 Adopted 5 February 1979 Adopted 7 October 1980 Effective 1 January 1981 Adopted 7 October 1980 Effective 1 January 1981 Adopted 7 October 1980 Effective 1 January 1981 Approved 2 December 1980 Effective 1 January 1981 106 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 301 N.C. 734 Rule 28 Approved 27 January 1981 Effective 1 July 1981 304 N.C. 739–40 Rules 21, 26 303 N.C. 715–16 Rules 9, 28 303 N.C. 716–17 Rule 10 303 N.C. 717–18 304 N.C. 304 N.C. 304 N.C. 304 N.C. 305 N.C. 738 737 741 742 783 Rule 30 Rule 15 Rules 9, 28 Rule 26 Rule 29 Rule 4 Ordered 5 May 1981 Effective for all appeals arising from cases filed in the court of original jurisdiction after 1 July 1982 Ordered 10 June 1981 Effective 1 October 1981 and relates to all appeals docketed on and after that date Ordered 10 June 1981 Applies to every case the trial of which begins on or after 1 October 1981 Ordered 10 June 1981 Effective 1 July 1981 Ordered 18 November 1981 Adopted 12 January 1982 Effective for all appeals docketed after 15 March 1982 Adopted 11 February 1982 Adopted 3 March 1982 Adopted 13 July 1982 107 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 306 N.C. 757–89 Rules 26, 28; All Appendixes 309 N.C. 309 N.C. 831 830 Rule 10 Rule 16 312 N.C. 803–35 Rules 1, 6, 8, 9, 10, 11, 12, 13, 14, 21, 26, 27, 28, 31, 32 Rule 26: Adopted 7 December 1982 Effective for all documents filed on or after 1 March 1983 Rule 28; All Appendixes: Adopted 7 December 1982 Effective 1 January 1983 Adopted 7 July 1983 Adopted 3 November 1983 Effective with notices of appeal filed in the Supreme Court on and after 1 January 1984 Rules 1, 6, 8, 13, 21, 27, 28, 31, 32: Adopted 27 November 1984 Effective 1 February 1985 Rules 9, 10, 11, 12, 14: Adopted 27 November 1984 Effective 1 February 1985 and applicable to all appeals in which the notice of appeal is filed on or after that date Rule 26: Adopted 27 November 1984 Effective for documents filed on or after 1 February 1985 108 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 313 N.C. 778–83 Rules 18, 19, 20 Adopted 27 February 1985 “Inasmuch as these rules make the procedures for direct appeals from administrative agencies to the appellate division consistent with the rules for bringing appeals from the courts of the trial division which we amended on 27 November 1984, to be effective 1 February 1985, these amendments shall be applicable to all appeals in which the notice of appeal is filed on or after 15 March 1985” 314 N.C. 683–86 Appendixes A, F Adopted 7 October 1985 322 N.C. 844–49 Rules 4, 21, 29, 31 Rules 4, 21: Adopted 3 September 1987 Applicable to all appeals from judgments entered on or after 24 July 1987 Rules 29, 31: Adopted 3 September 1987 Applicable to all appeals in which the notice of appeal is filed on or after 1 October 1987 322 N.C. 850–67 Rules 13, 14, 15, 16, 26, 28 Adopted 30 June 1988 Effective 1 September 1988 109 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 368 N.C. 1067–98 Rules 3, 4, 7, 9, 10, 11, 12, 15, 21, 25, 27, 31, 34, 39 324 N.C. 585–612 Rules 3, 4, 7, 9, 13, 14, 15, 28; All Appendixes Rules 15, 31, 39: Adopted 8 December 1988 Effective 1 January 1989 Rules 25, 34: Adopted 8 December 1988 Effective 1 July 1989 Rules 21: Adopted 8 December 1988 Applicable to all cases in which the superior court order is entered on or after 1 July 1989 Rules 3, 4, 7, 9, 10, 11, 12, 27: Adopted 8 December 1988 Effective for all judgments of the trial division entered on or after 1 July 1989 Rules 3, 7, 9: Adopted 8 June 1989 Effective for all judgments of the trial tribunal entered on or after 1 July 1989 Rules 13, 14, 15, 28: Adopted 8 June 1989 Effective 1 September 1989 All Appendixes: Adopted 8 June 1989 Effective 1 July 1989 Rule 4: Adopted 8 June 1989 “The amendments to Rule 4(a), adopted 8 December 1988 to become effective 1 July 1989, are hereby rescinded. Rule 4 shall continue in effect without change” 110 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 324 N.C. 613–716 Complete Rule Set Effective 1 July 1989 327 N.C. 671–711 Rules 6, 7, 9, 11, 16, 17, 18, 26, 27, 28, 29; Appendixes A, C, F Adopted 26 July 1990 Effective 1 October 1990 368 N.C. 1067, 1099–101 41, 42 337 N.C. 343 N.C. 821 769 Rule 3 Appendix F 345 N.C. 765–74 Rules 3, 8, 9, 11, 12, 14, 15, 18, 21, 23, 25, 26; Appendixes A, D Adopted 3 March 1994 Effective 15 March 1994 and Rule 41 shall apply to all appeals docketed in the Court of Appeals on or after that date (No date reported) Adopted 9 May 1996 Effective 1 July 1996 Rules 3, 9, 11, 12, 25; Appendixes A, D: Adopted 6 March 1997 Rules 8, 14, 15, 18, 21, 23, 26: Adopted 6 March 1997 Effective 1 July 1997 348 N.C. 724 Rule 4 Adopted 2 October 1997 347 N.C. 679–84 Rules 7, 9, 11, 18 350 N.C. 350 N.C. 857 858 Rule 7 Rule 34 Adopted 6 November 1997 Effective 1 February 1998 Adopted 8 April 1999 Adopted 8 April 1999 111 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 350 N.C. 859–60 Rule 33A 351 N.C. 659–62 Rule 26 354 N.C. 598–609 Rules 3, 4, 7, 9, 15, 26, 27, 28, 31, 33, 40, 42; All Appendixes; “Minor typographical and grammatical corrections have been made throughout the Rules” Adopted 6 May 1999 Effective 1 January 2000 and applies to all actions and proceedings pending in the Appellate Division on and after that date Adopted 4 November 1999 Effective 15 November 1999 Adopted 18 October 2001 Effective 31 October 2001 354 N.C. 609–711 Complete Rule Set (No date reported) 355 N.C. 356 N.C. 356 N.C. 356 N.C. 776 701 701–02 702 Rule 30 Rules 7, 26 Rule 21 Adopted 18 October 2001 Effective 1 January 2002 Adopted 15 August 2002 Adopted 15 August 2002 Appendixes B, E Adopted 15 August 2002 356 N.C. 706–09 Rules 26, 28, 30; Appendix B 357 N.C. 665–68 Rules 3, 4, 12, 13, 14, 26; Appendix A Adopted 3 October 2002 Effective 7 October 2002 Adopted 1 May 2003 112 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 358 N.C. 824–29 Appendix B 358 N.C. 829–31 Rules 3, 26, 30, 37, 41 358 N.C. 831–34 Rule 9 358 N.C. 834–37 Rule 11 358 N.C. 837–39 Rule 18 358 N.C. 840–42 Rule 28 Adopted 6 May 2004 Effective 12 May 2004 Adopted 6 May 2004 Effective 12 May 2004 Adopted 6 May 2004 Effective 12 May 2004 Adopted 6 May 2004 Effective 12 May 2004 Adopted 6 May 2004 Effective 12 May 2004 Adopted 6 May 2004 Effective 12 May 2004 359 N.C. 883–88 Rules 13, 14, 15, 28, 30; Appendixes A, B, E Adopted 18 August 2005 Effective 1 September 2005 360 N.C. 661–64 Rules 3, 3A Adopted 3 November 2005 Effective 1 March 2006 360 N.C. 820–23 Rules 3, 3A 360 N.C. 852–55 Rules 3, 3A Adopted 28 February 2006 Effective 1 May 2006 and applies to cases appealed on or after that date Adopted “28th 27th day of April, 2006” Effective 1 May 2006 and applies to cases appealed on or after that date 113 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 361 N.C. 732–44 Rules 7, 9, 11, 12, 18, 28, 37; Appendix D 362 N.C. 699–702 Rule 3A 363 N.C. 901–1023 Complete Rule Set Rules 7, 9, 11, 12, 18, 37; Appendix D: Adopted 5 October 2006 Effective 1 March 2007 and applies to cases appealed on or after that date Rule 28: Adopted 16 November 2006 Effective 1 March 2007 and applies to cases appealed on or after that date Adopted 11 June 2008 Effective 1 December 2008 Adopted 2 July 2009 Effective 1 October 2009 and applies to cases appealed on or after that date 365 N.C. 365 N.C. 367 N.C. 582 Rule 25 Effective 15 March 2012 583–85 Rules 9, 13, 14, 15, 27, 28 Effective 15 April 2013 954 Rule 21 Ordered 10 April 2015 369 N.C. 763–885 Complete Rule Set Ordered 20 December 2016 Effective 1 January 2017 and applies to cases appealed on or after that date 370 N.C. 369 N.C. 370 N.C. 761–62 955–58 763–72 Rule 31.1 Rule 7 Ordered 22 December 2016 Ordered 16 March 2017 Rules 28, 29, 33.1 Ordered 1 March 2018 114 A Publication Record of the North Carolina Rules of Appellate Procedure TOC Reporter Volume Page(s) Rules Affected* Key Dates** 371 N.C. 974–1036 Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, 42; Appendixes A, B, D Ordered 19 December 2018 Effective 1 January 2019 372 N.C. 902–05 Rules 3.1, 33.1 Rule 3.1: Ordered 4 September 2019 Effective 11 September 2019 Rule 33.1: Ordered 4 September 2019 Effective for secure-leave periods designated on or after 11 September 2019 374 N.C. 941–42 Not Specified*** Ordered 27 March 2020 375 N.C. 1034–78 Rules 7, 9, 10, 11, 12, 18, 27, 28; Appendixes A, B Ordered 17 November 2020 Effective 1 January 2021 and applies to cases that are appealed on or after that date 379 N.C. 694–769 Rules 3.1, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 21, 22, 23, 24, 26, 27, 28, 30, 34, 37, 39; Appendixes B, C, D, F Ordered 13 October 2021 Effective 1 January 2022 and applies to cases that are appealed on or after that date 384 N.C. 699–701 Rule 26 Ordered 1 March 2023, nunc pro tunc 13 February 2023 Effective 13 February 2023 and applies to cases that are appealed on or after that date 385 N.C. 918–35 Rules 15, 21, 22, 23, 28, 28.1, 31 Ordered 18 October 2023 Effective 20 November 2023 115 A Publication Record of the North Carolina Rules of Appellate Procedure TOC * Rules are titled as they appeared at the time of publication. ** The type of date provided for each published entry (e.g., “Adopted,” “Effective,” “Ordered”) reflects the information that was preserved in the North Carolina Reports. *** Order granted emergency relief in response to the COVID-19 pandemic. Current Slip Orders Rules Affected Key Dates Order Dated 19 March 2025 Rules 14, 15, 16; Appendixes A, D Order Dated 20 August 2025 Rule 36 Ordered 19 March 2025 Effective 1 April 2025 Ordered 20 August 2025 Effective 2 September 2025 Document ID North Carolina Rules of Appellate Procedure – Codified 2 September 2025 116 [email protected] www.NCcourts.gov/courts/supreme-court