North Carolina Notice of Appeal

Introduction

Key Things to Know

1. 1

   The deadline is 30 days after entry of the judgment if you were served with a copy within the 3-day period Rule 58 of the Rules of Civil Procedure requires, or 30 days after service if you were not served within that 3-day period (N.C. R. App. P. 3(c)(1)-(2)). A timely motion under Rule 50(b), Rule 52(b), or Rule 59 tolls the 30-day period for every party until an order disposing of the motion is entered, and the period then runs from entry of that order or its untimely service (N.C. R. App. P. 3(c)(3)).

2. 2

   The deadline generally cannot be extended. North Carolina Rule of Appellate Procedure 27(c) bars courts from extending the time to take an appeal, and the period is treated as jurisdictional. It also does not get the extra 3 days most other appellate deadlines receive when service is by mail; Rule 27(b) expressly excludes the Rule 3(c) notice-of-appeal deadline from that addition.

3. 3

   File the notice with the clerk of superior court, the trial-level clerk, even when the judgment came from district court, never with the appellate court itself (N.C. R. App. P. 3(a)). The appeal goes to the Court of Appeals of North Carolina for essentially all civil final judgments; direct appeal to the Supreme Court is reserved for narrow categories under N.C.G.S. 7A-27(a).

4. 4

   Rule 3(d) requires the notice to specify the party or parties appealing, designate the judgment or order appealed from, designate the court appealed to, and be signed by counsel of record or the unrepresented party. The notice must also be served on every other party within the same Rule 3(c) period (N.C. R. App. P. 3(a), (d), (e)).

5. 5

   No mandatory statewide form exists for this civil notice of appeal; some judicial districts offer optional local pro se aids, but no numbered form controls. Filing generally requires a $10 docketing fee in the appellate division, or $20 if combined with a petition for discretionary review; confirm the current fee with the clerk.

6. 6

   A $250 civil appeal bond or cash deposit is required with the record on appeal, not with the notice itself (N.C. R. App. P. 6(a), (c)). An appellant who cannot afford it may appeal in forma pauperis by filing an affidavit of inability to pay within 30 days after entry of the judgment (N.C.G.S. 1-288). Filing the notice does not by itself stop collection of a money judgment; that takes a written undertaking under N.C.G.S. 1-289, or a bond against waste under N.C.G.S. 1-292 for a judgment for the sale or delivery of real property.

7. 7

   A small claims judgment from a magistrate is appealed differently: either party may appeal for a full trial de novo before a district court judge or jury, within 10 days after the magistrate's judgment, and oral notice in open court is enough (N.C.G.S. 7A-228(a)-(b)). Appeal costs must still be paid within 10 days (summary ejectment) or 20 days (other cases) or the appeal is automatically dismissed. The form for this appeal is AOC-CVM-303, Notice of Appeal to District Court.

North Carolina Requirements for Notice of Appeal

• 30-Day Deadline From Entry or Late Service

  The notice of appeal is due 30 days after entry of the judgment if served within Rule 58's 3-day period, or 30 days after service if not served within that period (N.C. R. App. P. 3(c)(1)-(2)).

• Tolling for Rule 50(b), 52(b), or 59 Motions

  A timely motion under Rule 50(b), Rule 52(b), or Rule 59 tolls the 30-day period for every party until an order disposing of the motion is entered, and the period then runs from entry of that order or its untimely service (N.C. R. App. P. 3(c)(3)).

• No Extension, and No Mail-Service Addition

  Courts may not extend the time for taking an appeal (N.C. R. App. P. 27(c)); the deadline is jurisdictional. It also does not receive the extra 3 days most other appellate deadlines get for mail service, because Rule 27(b) excludes Rule 3(c) from that addition.

• Filed With the Clerk of Superior Court

  The notice is filed with the clerk of superior court, the trial-level clerk, even when the judgment was entered in district court, not with the appellate court itself (N.C. R. App. P. 3(a)).

• Rule 3(d) Required Contents

  The notice must specify the party or parties appealing, designate the judgment or order appealed from, designate the court appealed to, and be signed by counsel of record or the unrepresented party (N.C. R. App. P. 3(d)).

• No Mandatory Statewide Civil Form

  No mandatory statewide form exists for this civil notice of appeal to the Court of Appeals; some districts offer optional local pro se aids, but no numbered form controls the content.

• Docketing Fee and Civil Appeal Bond

  A $10 docketing fee applies in the appellate division, or $20 if filed jointly with a petition for discretionary review; confirm the current fee with the clerk. A $250 appeal bond or cash deposit is required with the record on appeal unless the appellant qualifies to appeal in forma pauperis (N.C. R. App. P. 6; N.C.G.S. 1-288).

• No Automatic Stay of Collection

  Filing the notice does not by itself stay enforcement of a money judgment; that takes a written undertaking under N.C.G.S. 1-289, or, for a judgment for the sale or delivery of real property, a bond against waste under N.C.G.S. 1-292.

• Small Claims Trial De Novo on a 10-Day Clock

  Either party may appeal a magistrate's small claims judgment for a trial de novo in district court, on oral notice in open court or written notice within 10 days; unpaid appeal costs within 10 or 20 days cause automatic dismissal (N.C.G.S. 7A-228(a)-(b)).