Notice of Appeal
As amended through June 18, 2024
Notes on the Notice of Appeal:
The Notice of Appeal is one of the most important documents to include in the record because without it, the appellate court may not have jurisdiction over the appeal. See Crowell Constructors, Inc. v. State, 328 N.C. 563, 563-64, 402 S.E.2d 407, 408 (1991) (dismissing appeal for failure to include notice of appeal in record). Likewise, failure to properly serve the Notice of Appeal can subject the appeal to dismissal. See Melvin v. St. Louis, 132 N.C. App. 42, 43, 510 S.E.2d 177, 177 (1999) (finding that an oral notice of appeal before the trial court is insufficient notice of appeal in a civil action under Rule 3). The certificate of service for the Notice of Appeal should therefore also be included in the record. For appeals from the superior or district court, the Notice of Appeal is filed with the clerk of superior court rather than in the appellate court. See N.C. R. App. P. 3(a).o Be aware that in cases assigned to the Business Court, the filing of the Notice of Appeal through the Business Court's electronic filing system will not satisfy Rule 3. The Notice of Appeal still must be timely filed with the clerk of superior court for the county in which the case was filed. Ehrenhaus v. Baker, 243 N.C. App. 17, 31, 776 S.E.2d 699, 708-09 (2015).
For appeals of right from the Court of Appeals to the Supreme Court, however, the Notice of Appeal is filed with both the Clerk of the Court of Appeals and with the Clerk of the Supreme Court. See N.C. R. App. P. 14(a). For additional tips and information about the Notice of Appeal, see the Appellate Rules Committee's Notice of Appeal Tip Sheet.Notes on Fees and Costs Associated with Filing an Appeal:
Appendix F sets forth the various fees and costs that parties can expect to incur in the Appellate Division. In a typical civil appeal to the Court of Appeals, a "docketing fee" of $10.00, along with an "appeal bond or cash deposit" of $250.00, is submitted to the Court of Appeals by the appellant in connection with the filing of the record on appeal. N.C. R. App. P. Appendix F. Printing costs for the record and the briefs are billed separately. In an appeal from the Court of Appeals to the Supreme Court based on a dissent, the appellant submits to the Supreme Court the $10.00 docketing fee and a $250.00 appeal bond. In addition, the appellant must also send a $10.00 certification fee to the Court of Appeals. See N.C. R. App. P. Appendix F. In such a case, the Notice of Appeal is filed with the clerks of both the Supreme Court and the Court of Appeals. See N.C. R. App. P. 14(a). To file a petition for discretionary review with the Supreme Court, the appellantpetitioner submits to the Supreme Court a $10.00 docketing fee. If (and only if) the petition is granted, the appellant-petitioner then submits to the Supreme Court a $250.00 appeal bond and submits to the Court of Appeals a $10.00 certification fee. See N.C. R. App. P. Appendix F. If the appellant files a Notice of Appeal based on a dissent and simultaneously files a petition for discretionary review of an issue on which the Court of Appeals was unanimous, the appellant submits to the Supreme Court a $20.00 docketing fee (for both the petition and the notice of appeal) and a $250.00 appeal bond, and the appellant immediately submits to the Court of Appeals a $10.00 certification fee. See N.C. R. App. P. Appendix F. A Notice of Appeal based on a constitutional question is treated like a petition for discretionary review because the Supreme Court must first determine if the constitutional question is "substantial." Thus, when a Notice of Appeal based on a constitutional question is filed, the appellant submits to the Supreme Court a $10.00 docketing fee with the Notice of Appeal. If the Supreme Court accepts the appeal, it will issue a briefing schedule, at which time the appellant should submit a $250.00 appeal bond to the Supreme Court and a $10.00 certification fee to the Court of Appeals.