YODER LAW PLLC

The first step in seeking review of a final judgment in the North Carolina Court of Appeals is the filing of a Notice of Appeal. The rules for the timing and form for a Notice of Appeal are set forth in the North Carolina Rules of Appellate Procedure:

Rule 3. Appeal in Civil Cases—How and When Taken
(a) Filing the Notice of Appeal. Any party entitled by law to appeal from
a judgment or order of a superior or district court rendered in a civil action or special
proceeding may take appeal by filing notice of appeal with the clerk of superior court
and serving copies thereof upon all other parties within the time prescribed by
subsection (c) of this rule.
(b) Special Provisions. Appeals in the following types of cases shall be
taken in the time and manner set out in the General Statutes and Rules of Appellate
Procedure sections noted:
(1) Juvenile matters pursuant to N.C.G.S. § 7B-2602.
(2) Appeals pursuant to N.C.G.S. § 7B-1001 shall be subject to the
provisions of Rule 3.1.
(c) Time for Taking Appeal. In civil actions and special proceedings, a
party must file and serve a notice of appeal:
(1) within thirty days after entry of judgment if the party has been
served with a copy of the judgment within the three-day period
prescribed by Rule 58 of the Rules of Civil Procedure; or
(2) within thirty days after service upon the party of a copy of the
judgment if service was not made within that three-day period;
provided that
(3) if a timely motion is made by any party for relief under Rules
50(b), 52(b) or 59 of the Rules of Civil Procedure, the thirty-day
period for taking appeal is tolled as to all parties until entry of an
order disposing of the motion and then runs as to each party from
the date of entry of the order or its untimely service upon the
party, as provided in subdivisions (1) and (2) of this subsection (c).
In computing the time for filing a notice of appeal, the provision for additional
time after service by mail in Rule 27(b) of these rules and Rule 6(e) of the Rules of
Civil Procedure shall not apply.
If timely notice of appeal is filed and served by a party, any other party may
file and serve a notice of appeal within ten days after the first notice of appeal was
served on such party.
(d) Content of Notice of Appeal. The notice of appeal required to be filed
and served by subsection (a) of this rule shall specify the party or parties taking the
appeal; shall designate the judgment or order from which appeal is taken and the court to which appeal is taken; and shall be signed by counsel of record for the party
or parties taking the appeal, or by any such party not represented by counsel of
record.
(e) Service of Notice of Appeal. Service of copies of the notice of appeal
may be made as provided in Rule 26.

Rule 4. Appeal in Criminal Cases—How and When Taken
(a) Manner and Time. Any party entitled by law to appeal from a
judgment or order of a superior or district court rendered in a criminal action may
take appeal by:
(1) giving oral notice of appeal at trial, or
(2) filing notice of appeal with the clerk of superior court and serving
copies thereof upon all adverse parties within fourteen days after
entry of the judgment or order or within fourteen days after a
ruling on a motion for appropriate relief made during the
fourteen-day period following entry of the judgment or order.
Appeals from district court to superior court are governed by
N.C.G.S. §§ 15A-1431 and -1432.
(b) Content of Notice of Appeal. The notice of appeal required to be filed
and served by subdivision (a)(2) of this rule shall specify the party or parties taking
the appeal; shall designate the judgment or order from which appeal is taken and the
court to which appeal is taken; and shall be signed by counsel of record for the party
or parties taking the appeal, or by any such party not represented by counsel of
record.
(c) Service of Notice of Appeal. Service of copies of the notice of appeal
may be made as provided in Rule 26.
(d) To Which Appellate Court Addressed. An appeal of right from a
judgment of a superior court by any person who has been convicted of murder in the
first degree and sentenced to death shall be filed in the Supreme Court. In all other
criminal cases, appeal shall be filed in the Court of Appeals.