N.C. R. App. P. A
Timetable of Appeals from Trial Division and Administrative Tribunals Under Articles II and IV of the Rules of Appellate Procedure | |||
Action | Time (Days) | From date of | Rule Ref. |
Taking Appeal (Civil) | 30 | Entry of Judgment (Unless Tolled) | 3(c) |
Cross-Appeal | 10 | Service and Filing of a Timely Notice of Appeal | 3(c) |
Taking Appeal (Administrative Tribunal) | 30 | Receipt of Final Administrative Tribunal Decision (Unless Statutes Provide Otherwise) | 18(b)(2) |
Taking Appeal (Criminal) | 14 | Entry of Judgment (Unless Tolled) | 4(a) |
Serving Transcript Contract (Appellant) | 14 | Filing or Giving Notice of Appeal | 7(b)(2) 18(b)(3) |
Serving Transcript Contract (Appellee) | 28 | Appellant Filing or Giving Notice of Appeal | 7(b)(2) 18(b)(3) |
Serving Appellate Entries (Clerk of Superior Court) | 14 | Judge Signing Appellate Entries | 7(c)(2) |
Delivering Transcript (General Rule) | 90 | Service of Transcript Contract or Appellate | 7(e)(1) |
(Capitally Tried Cases) | 180 | Entries | |
(Undisciplined or Delinquent Juvenile Cases) | 60 | ||
(Special Proceedings about the Admission or Discharge of Clients) | 60 | ||
Serving Proposed Record on Appeal (General Rule) | 45 | All Transcripts Being Delivered or Notice of Appeal, Whichever is Later | 11(b) 18(d) |
Serving Proposed Record on Appeal (Capitally Tried Cases) | 70 | All Transcripts Being Delivered | 11(b) |
Serving Objections or Proposed Alternative Record on Appeal (General Rule) | 30 | Service of Proposed Record | 11(c) 18(d)(2) |
(Capitally Tried Cases) | 35 | ||
Requesting Judicial Settlement of Record | 10 | Expiration of the Last Day Within Which an Appellee Who Has Been Served Could Serve Objections, etc. | 11(c) 18(d)(3) |
Judicial Settlement of Record | 20 | Service on Judge of Request for Settlement | 11(c) 18(d)(3) |
Filing Record on Appeal in Appellate Court | 15 | Settlement of Record on Appeal | 12(a) |
Filing Appellant's Brief (or Mailing Brief Under Rule 26(a)) | 30 | Filing the Record on Appeal in Appellate Court (60 Days in Death Cases) | 13(a) |
Filing Appellee's Brief (or Mailing Brief Under Rule 26(a)) | 30 | Service of Appellant's Brief (60 Days in Death Cases) | 13(a) |
Filing Appellant's Reply Brief (or Mailing Brief Under Rule 26(a)) | 14 | Service of Appellee's Brief | 28(h) |
Oral Argument | 30 | Filing Appellant's Brief (Usual Minimum Time) | 29 |
Certification or Mandate | 20 | Issuance of Opinion | 32 |
Petition for Rehearing (Civil Action Only) | 15 | Mandate | 31(a) |
Timetable of Appeals from Trial Division Under Article II, Rule 3.1, of the Rules of Appellate Procedure | |||
Action | Time (Days) | From date of | Rule Ref. |
Taking Appeal | 30 | Entry of Judgment | 3.1(b); N.C.G.S. § 7B- 1001 |
Notifying Court Reporting Manager | 1 (Business) | Filing Notice of Appeal | 3.1(c) |
Assigning Transcriptionist | 5 (Business) | Completion of Expedited Juvenile Appeals Form | 3.1(c) |
Delivering a Transcript of the Proceedings | 40 | Assignment by Court Reporting Manager | 3.1(c) |
Serving Proposed Record on Appeal | 15 | Delivery of Transcript | 3.1(d) |
Serving Notice of Approval, Specific Objections or Amendments, or Proposed Alternative Record on Appeal | 10 | Service of Proposed Record on Appeal | 3.1(d) |
Requesting Judicial Settlement of Record | 10 | Expiration of the Last Day Within Which an Appellee Who Has Been Served Could Serve Objections, etc. | 3.1(d); 11(c) |
Judicial Settlement of Record | 20 | Service on Judge of Request for Settlement | 3.1(d); 11(c) |
Filing Record on Appeal in Appellate Court | 5 (Business) | Settlement of Record on Appeal | 3.1(d) |
Filing Appellant's Brief | 30 | Filing of Record on Appeal | 13(a)(1) |
Filing Appellee's Brief | 30 | Service of Appellant's Brief | 13(a)(1) |
Filing Appellant's Reply Brief (or Mailing Brief Under Rule 26(a)) | 14 | Service of Appellee's Brief | 13(a)(1); 28(h) |
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 | 15 | Docketing Appeal in Court of Appeals | 15(b) |
Notice of Appeal and/or Petition for Discretionary Review | 15 | Mandate of Court of Appeals (or From Order of Court of Appeals Denying Petition for Rehearing) | 14(a) 15(b) |
Cross-Notice of Appeal | 10 | Filing of First Notice of Appeal | 14(a) |
Response to Petition for Discretionary Review | 10 | Service of Petition | 15(d) |
Filing Appellant's Brief (or Mailing Brief Under Rule 26(a)) | 30 | Filing Notice of Appeal Certification of Review | 14(d) 15(g)(2) |
Filing Appellee's Brief (or Mailing Brief Under Rule 26(a)) | 30 | Service of Appellant's Brief | 14(d) 15(g) |
Filing Appellant's Reply Brief (or Mailing Brief Under Rule 26(a)) | 14 | Service of Appellee's Brief | 28(h) |
Oral Argument | 30 | Filing Appellee's Brief (Usual Minimum Time) | 29 |
Certification or Mandate | 20 | Issuance of Opinion | 32 |
Petition for Rehearing (Civil Action Only) | 15 | Mandate | 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 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)).
N.c. R. App. P. A
Amended November 17, 2020, effective 1/1/2021; amended June 18, 2024, effective 6/18/2024.
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.