Rule 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 record on appeal has been filed with the appellate court, 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. 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 record on appeal has been filed with the Supreme Court, 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. 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 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 party's 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. 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; 369 N.C. 763; 371 N.C. 974; 379 N.C. 694.
Amended October 13, 2021, effective 1/1/2022; amended June 18, 2024, effective 6/18/2024.