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You have come to the right place if you want to appeal in North Carolina. Our associates specialize in North Carolina appellate practice. We are fluent in practice before the North Carolina Court of Appeals and the North Carolina Supreme Court. We review you case for merit, isolate the issues for appeal, conduct the necessary legal research and prepare your appendix at flat rates, all within strict compliance with the North Carolina Rules of Appellate Practice. Below for your convenience are the North Carolina Rules of Appellate Procedure.
NORTH CAROLINA RULES OF APPELLATE PROCEDURE Article VI General Provisions (Administrative History and Notes Omitted) Rule 25. Penalties for Failure to Comply with Rules (a) Failure of Appellant to Take Timely Action. Rule 26. Filing and Service (a) Filing. (1) Filing by Mail. (2) Filing by Electronic Means. (b) Service of All Papers Required. (f) Numerous Parties to Appeal Proceeding Separately. (g) Documents Filed with Appellate Courts. (1) Form of Papers. (2) Index required. (3) Closing. (4) Termination of Parental Rights and Juvenile Matters. Rule 27. Computation and Extension of Time (a) Computation of Time. (1) Motions for Extension of Time in the Trial Division. (2) Motions for Extension of Time in the Appellate Division. (d) Motions for Extension of Time; How Determined. Rule 28. Briefs: Function and Content (a) Function. (1) When Appendixes to Appellant’s Brief Are Required. (2) When Appendixes to Appellant’s Brief Are Not Required. (3) When Appendixes to Appellee’s Brief Are Required. (4) Format of Appendixes. (e) References in Briefs to the Record. (1) Type. Type style; Type size. (2) Document length. (k) Termination of Parental Rights and Juvenile Matters. Rule 29. Sessions of Courts, Calendar of Hearings (a) Sessions of Court. (1) Supreme Court. (2) Court of Appeals. (b) Calendaring of Cases for Hearing. Rule 30. Oral Argument and Unpublished Opinions (a) Order and Content of Argument. (1) In General. (2) Numerous Counsel. (c) Non-Appearance of Parties. Rule 31. Petition for Rehearing (a) Time for Filing; Content. Rule 32. Mandates of the Courts (a) In General. Rule 33. Attorneys (a) Appearances. Rule 33A. Secure Leave Periods for Attorneys (a) Purpose, Authorization. Rule 34. Frivolous Appeals; Sanctions Rule 35. Costs (a) To Whom Allowed. Rule 36. Trial Judges Authorized to Enter Orders Under These Rules (a) When Particular Judge Not Specified by Rule. Rule 37. Motions in Appellate Courts (a) Time; Content of Motions; Response. (f) Effect of Withdrawal of Appeal. Rule 38. Substitution of Parties (a) Death of a Party. Rule 39. Duties of Clerks; When Offices Open (a) General Provisions.
ARTICLE VI (a) Failure of Appellant to Take Timely Action. If after giving notice of appeal from any court, commission, or commissioner the appellant shall fail within the times allowed by these rules or by order of court to take any action required to present the appeal for decision, the appeal may on motion of any other party be dismissed. Prior to the filing of an appeal in an appellate court motions to dismiss are made to the court,
commission, or commissioner from which appeal has been taken; after an appeal has been filed in an appellate court (b) Sanctions for Failure to Comply with Rules. A court of the appellate division may, on its own RULE 26 (a) Filing. Papers required or permitted by these rules to be filed in the trial or appellate divisions shall be filed with the clerk of the appropriate court. Filing may be accomplished by mail or by electronic means as set forth in this Rule. (1) Filing by Mail: Filing may be accomplished by mail addressed to the clerk but is not
timely unless the papers are received by the clerk within the time fixed for filing, except
that motions, responses to petitions, record on appeal, and briefs shall be deemed filed on (2) Filing by Electronic Means: Filing in the appellate courts may be accomplished by
electronic means by use of the electronic filing site at www.ncappellatecourts.org. All
documents may be filed electronically through the use of this site. A document filed by
use of the official electronic web site is deemed filed as of the time that the document is facsimile machine pursuant to
this rule, counsel must forward the following items by first class mail, contemporaneously
with the transmission: the original signed document, the electronic transmission fee, and (b) Service of All Papers Required. Copies of all papers filed by any party and not required by these (c) Manner of Service. Service may be made in the manner provided for service and return of process (d) Proof of Service. Papers presented for filing shall contain an acknowledgment of service by the
person served or proof of service in the form of a statement of the date and manner of service and of the names of the (e) Joint Appellants and Appellees. Any paper required by these rules to be served on a party is (f) Numerous Parties to Appeal Proceeding Separately. When there are unusually large numbers of (g) Documents Filed with Appellate Courts. (1) Form of Papers. Papers presented to either appellate court for filing shall be letter size
(8½ x 11") with the exception of wills and exhibits. All printed matter must appear in at
least 12-point type on unglazed white paper of 16-20 pound substance so as to produce a
clear, black image, leaving a margin of approximately one inch on each side. The body of (2) Index required. All documents presented to either appellate court other than records on
appeal, which in this respect are governed by Appellate Rule 9, shall, unless they are less
than 10 pages in length, be preceded by a subject index of the matter contained therein,
with page references, and a table of authorities, i.e., cases (alphabetically arranged), (3) Closing. The body of the document shall at its close bear the printed name, post office
address, and telephone number of counsel of record, and in addition, at the appropriate
place, the manuscript signature of counsel of record. If the document has been filed (4) Termination of Parental Rights and Juvenile Matters. All documents and exhibits filed with the appellate court shall not include the name of a juvenile or any other identifying information, in compliance with Rule 3(b).
RULE 27 (a) Computation of Time. In computing any period of time prescribed or allowed by these rules, by (b) Additional Time After Service by Mail. Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period. (c) Extensions of Time; By Which Court Granted. Except as herein provided, courts for good cause (1) Motions for Extension of Time in the Trial Division. The trial tribunal for good cause
shown by the appellant may extend once for no more than 30 days the time permitted by
Rule 11 or Rule 18 for the service of the proposed record on appeal.
Motions for extensions of time made to a trial tribunal may be made orally or in
writing and without notice to other parties and may be determined at any time or place (2) Motions for Extension of Time in the Appellate Division. All motions for extensions of time other than those specifically enumerated in Rule 27(c)(1) may only be made to the appellate court to which appeal has been taken. (d) Motions for Extension of Time; How Determined. Motions for extension of time made in any
court may be determined ex parte, but the moving party shall promptly serve on all other parties to the appeal a copy RULE 28 (a) Function. The function of all briefs required or permitted by these rules is to define clearly the (b) Content of Appellant’s Brief. An appellant’s brief in any appeal shall contain, under appropriate (1) A cover page, followed by a subject index and table of authorities required by Rule 26(g). (2) A statement of the questions presented for review. (3) A concise statement of the procedural history of the case. This shall indicate the nature of the case and summarize the course of proceedings up to the taking of the appeal before the court. (4) A statement of the grounds for appellate review. Such statement shall include citation of
the statute or statutes permitting appellate review. When an appeal is based on Rule 54(b)
of the Rules of Civil Procedure, the statement shall show that there has been a final (5) A full and complete statement of the facts. This should be a nonargumentative summary
of all material facts underlying the matter in controversy which are necessary to
understand all questions presented for review, supported by references to pages in the (6) An argument, to contain the contentions of the appellant with respect to each question
presented. Each question shall be separately stated. Immediately following each question
shall be a reference to the assignments of error pertinent to the question, identified by
their numbers and by the pages at which they appear in the printed record on appeal. discussion of all the questions presented. The body of the argument and the statement of applicable standard(s) of review shall contain citations of the authorities upon which the appellant relies. Evidence or other proceedings material to the question presented may be narrated or quoted in the body of the argument, with appropriate reference to the record on appeal or the transcript of proceedings, or the exhibits. (7) A short conclusion stating the precise relief sought. (8) Identification of counsel by signature, typed name, office address and telephone number. (9) The proof of service required by Rule 26(d). (10) The appendix required by Rule 28(d). (c) Content of Appellee’s Brief; Presentation of Additional Questions. An appellee’s brief in any the standard(s) of review, unless the appellee disagrees with the appellant’s statements and desires to make a restatement or unless the appellee desires to present questions in addition to those stated by the appellant. An appellee’s brief may, but is not required to, include a reference to assignments of error as required by Rule 28(b)(6) for an appellant’s brief. Without having taken appeal, an appellee may present for review, by stating them in his brief, any questions raised by cross-assignments of error under Rule 10(d). Without having taken appeal or made cross-assignments of error, an appellee may present the question, by statement and argument in his brief, whether a new trial should be granted to the appellee rather than a judgment n.o.v. awarded to the appellant when the latter relief is sought on appeal by the appellant. If the appellee is entitled to present questions in addition to those stated by the appellant, the appellee’s brief must contain a full, non-argumentative summary of all material facts necessary to understand the new questions supported by references to pages in the record on appeal, the transcript of proceedings, or the appendixes, as appropriate, as well as a statement of the applicable standard(s) of review for those additional questions. (d) Appendixes to Briefs. Whenever the transcript of proceedings is filed pursuant to Rule 9(c)(2), the (1) When Appendixes to Appellant’s Brief Are Required. Except as provided in Rule 28(d)(2), the a. those portions of the transcript of proceedings which must be reproduced verbatim in order to understand any question presented in the brief; b. those portions of the transcript showing the pertinent questions and answers
when a question presented in the brief involves the admission or exclusion of c. relevant portions of statutes, rules, or regulations, the study of which is required to determine questions presented in the brief; d. relevant items from the Rule 11(c) or Rule 18(d)(3) supplement to the printed record on appeal the study of which are required to determine questions presented in the brief. (2) When Appendixes to Appellant’s Brief Are Not Required. Notwithstanding the requirements of a. whenever the portion of the transcript necessary to understand a question presented in the brief is reproduced verbatim in the body of the brief; b. to show the absence or insufficiency of evidence unless there are discrete
portions of the transcript where the subject matter of the alleged insufficiency of c. to show the general nature of the evidence necessary to understand a question presented in the brief if such evidence has been fully summarized as required by Rule 28(b)(4) and (5). (3) When Appendixes to Appellee’s Brief Are Required. Appellee must reproduce appendixes to his a. Whenever the appellee believes that appellant’s appendixes do not include portions of the transcript or items from the Rule 11(c) or Rule 18(d)(3) supplement to the printed record on appeal that are required by Rule 28(d)(1), the appellee shall reproduce those portions of the transcript or supplement he believes to be necessary to understand the question. b. Whenever the appellee presents a new or additional question in his brief as
permitted by Rule 28(c), the appellee shall reproduce portions of the transcript (4) Format of Appendixes. The appendixes to the briefs of any party shall be in the format prescribed (e) References in Briefs to the Record. References in the briefs to assignments of error shall be by their numbers and to the pages of the printed record on appeal or of the transcript of proceedings, or both, as the case may be, at which they appear. Reference to parts of the printed record on appeal and to the verbatim transcript or documentary exhibits shall be to the pages where the parts appear. (f) Joinder of Multiple Parties in Briefs. Any number of appellants or appellees in a single cause or in (g) Additional Authorities. Additional authorities discovered by a party after filing his brief may be (h) Reply Briefs. No reply brief will be received or considered by the Court, except in the following (1) The Court, upon its own initiative, may order a reply brief to be filed and served. (2) If the appellee has presented in its brief new or additional questions as permitted by Rule 28(c), an (3) If the parties are notified under Rule 30(f) that the case will be submitted without oral argument on (4) If the parties are notified that the case has been scheduled for oral argument, an appellant may, otherwise ordered by the Court, the motion for leave will be determined solely upon the motion and without responses thereto or oral argument. The clerk of the appellate court will notify the parties of the Court’s action upon the motion, and, if the motion is granted, the appellant shall file and serve the reply brief within ten days of such notice. (5) Motions for extensions of time in relation to reply briefs are disfavored. (i) Amicus Curiae Briefs. A brief of an amicus curiae may be filed only by leave of the appellate
court wherein the appeal is docketed or in response to a request made by that Court on its own initiative. upon all parties. The motion shall state concisely the nature of the applicant’s interest, the reasons why an amicus curiae brief is believed desirable, the questions of law to be addressed in the amicus curiae brief and the applicant’s position on those questions. The proposed amicus curiae brief may be conditionally filed with the motion for leave. Unless otherwise ordered by the Court, the application for leave will be determined solely upon the motion, and without responses thereto or oral argument. The clerk of the appellate court will forthwith notify the applicant and all parties of the court’s action upon the application. Unless other time limits are set out in the order of the Court permitting the brief, the amicus curiae shall file the brief within the time allowed for the filing of the brief of the party supported or, if in support of neither party, within the time allowed for filing appellant’s brief. Motions for leave to file an amicus curiae brief submitted to the Court after the time within which the amicus curiae brief normally would be due are disfavored in the absence of good cause. Reply briefs of the parties to an amicus curiae brief will be limited to points or authorities presented in the amicus curiae brief which are not presented in the main briefs of the parties. No reply brief of an amicus curiae will be received. A motion of an amicus curiae to participate in oral argument will be allowed only for extraordinary reasons. (j) Page Limitations Applicable to Briefs Filed in the Court of Appeals. Each brief filed in the North (1) Type. (A) Type style. Documents must be set in a plain roman style, although italics or
boldface may be used for emphasis. Case names must be italicized or (B) Type size. 1. Nonproportionally spaced type (e.g., Courier or Courier New) may not contain more than 10 characters per inch (12-point). 2. Proportionally spaced type (e.g., Times New Roman), must be 14-point or larger. 3. Documents set in Courier New 12-point type, or Times New Roman 14-point type will be deemed in compliance with these type-size requirements. (2) Document length. (A) Length limitations on briefs filed in the Court of Appeals. Every brief filed in the Court of Appeals, whether filed by an appellant, appellee, or amicus curiae, shall be subject to either a page limit or a word-count limit, depending on the type style used in the brief. 1. Page limits for briefs using nonproportional type. The page limit for a
principal brief that uses nonproportional (e.g., Courier) type is 35
pages. The page limit for a reply brief permitted by Rule 28(h)(1), (2),
or (3) is 15 pages, and the page limit for a reply brief permitted by
Rule 28(h)(4) is 12 pages. Unless otherwise ordered by the Court, the
page limit for an amicus curiae brief is 15 pages. A page shall contain single-spaced passages or footnotes that are used to circumvent these page limits. 2. Word-count limits for briefs in proportional type. A principal brief that
uses proportional type may contain no more than 8,750 words. A reply
brief permitted by Rule 28(h)(1), (2), or (3) may contain no more than count against these word-count limits. Parties who file briefs in proportional type shall submit along with the brief, immediately before the certificate of service, a certification, signed by counsel of record, or, in the case of parties filing briefs pro se, by the party, that the brief contains no more than the number of words allowed by this rule. For purposes of this certification, counsel and parties may rely on word counts reported by word-processing software, as long as footnotes and citations are included in those word counts. (k) Termination of Parental Rights and Juvenile Matters. No brief shall include the name of a juvenile or other identifying information, in compliance with Rule 3(b). RULE 29 (a) Sessions of Court. (1) Supreme Court. The Supreme Court shall be in continuous session for the transaction of business. (2) Court of Appeals. Appeals will be heard in accordance with a schedule promulgated by the Chief (b) Calendaring of Cases for Hearing. Each appellate court will calendar the hearing of all appeals
RULE 30 (a) Order and Content of Argument. (1) The appellant is entitled to open and conclude the argument. The opening argument shall include a (2) To the extent practicable, counsel shall refrain from using a juvenile’s name in oral argument and, instead, refer to the juvenile consistent with the provisions of Rule 3(b). (b) Time Allowed for Argument. (1) In General. Ordinarily a total of thirty minutes will be allowed all appellants and a total of thirty
minutes will be allowed all appellees for oral argument. Upon written or oral application of any
party, the court for good cause shown may extend the times limited for argument. Among other
causes, the existence of adverse interests between multiple appellants or between multiple
appellees may be suggested as good cause for such an extension. The court of its own initiative
may direct argument on specific points outside the times limited. Counsel is not obliged to use all
the time allowed, and the court may terminate argument whenever it considers further argument (2) Numerous Counsel. Any number of counsel representing individual appellants or appellees (c) Non-Appearance of Parties. If counsel for any party fails to appear to present oral argument, the court will hear argument from opposing counsel. If counsel for no party appears, the court will decide the case on the written briefs unless it orders otherwise. (d) Submission on Written Briefs. By agreement of the parties, a case may be submitted for decision on the written briefs; but the court may nevertheless order oral argument prior to deciding the case. (e) Unpublished Opinions. (1) In order to minimize the cost of publication and of providing storage space for the published reports, the Court of Appeals is not required to publish an opinion in every decided case. If the panel which hears the case determines that the appeal involves no new legal principles and that an opinion, if published, would have no value as a precedent, it may direct that no opinion be published. (2) The text of a decision without published opinion shall be posted on the Administrative Office of the Court’s North Carolina Court System Internet web site and reported only by listing the case and the decision in the Advance Sheets and the bound volumes of the North Carolina Court of Appeals Reports. (3) An unpublished decision of the North Carolina Court of Appeals does not constitute controlling offered. This service may be accomplished by including the copy of the unpublished opinion in an addendum to a brief or memorandum. A party who cites an unpublished opinion for the first time at a hearing or oral argument must attach a copy of the unpublished opinion relied upon pursuant to the requirements of Rule 28(g) (“Additional Authorities”). When citing an unpublished opinion, a party must indicate the opinion’s unpublished status. (4) Counsel of record and pro se parties of record may move for publication of an unpublished
opinion, citing reasons based on Rule 30(e)(1), and serving a copy of the motion upon all other
counsel and pro se parties of record. The motion shall be filed and served within 10 days of the
filing of the opinion. Any objection to the requested publication, by the counsel or pro se parties (f) Pre-Argument Review; Decision of Appeal Without Oral Argument. (1) At anytime that the Supreme Court concludes that oral argument in any case pending before it will (2) The Chief Judge of the Court of Appeals may from time to time designate a panel to review any pending case, after all briefs are filed but before argument, for decision under this rule. If all of the judges of the panel to which a pending appeal has been referred conclude that oral argument will not be of assistance to the Court, the case may be disposed of on record and briefs. Counsel will be notified not to appear for oral argument. RULE 31 (a) Time for Filing; Content. A petition for rehearing may be filed in a civil action within 15 days (b) How Addressed; Filed. A petition for rehearing shall be addressed to the court which issued the opinion sought to be reconsidered. (c) How Determined. Within 30 days after the petition is filed, the court will either grant or deny the
petition. Determination to grant or deny will be made solely upon the written petition; no written response will be (d) Procedure When Granted. Upon grant of the petition the clerk shall forthwith notify the parties (e) Stay of Execution. When a petition for rehearing is filed, the petitioner may obtain a stay of execution in the trial court to which the mandate of the appellate court has been issued. The procedure is as provided for stays pending appeal by Rule 8 of these rules. (f) Waiver by Appeal from Court of Appeals. The timely filing of a notice of appeal from, or of a (g) No Petition in Criminal Cases. The courts will not entertain petitions for rehearing in criminal actions. RULE 32 (a) In General. Unless a court of the appellate division directs that a formal mandate shall issue, the (b) Time of Issuance. Unless a court orders otherwise, its clerk shall enter judgment and issue the mandate of the court 20 days after the written opinion of the court has been filed with the clerk. RULE 33 (a) Appearances. An attorney will not be recognized as appearing in any case unless he is entered as (b) Signatures on Electronically Filed Documents. If more than one attorney is listed as being an (c) Agreements. Only those agreements of counsel which appear in the record on appeal or which are RULE 33A (a) Purpose, Authorization. In order to secure for the parties to actions and proceedings pending in (b) Length, Number. A secure leave period shall consist of one or more complete calendar weeks. (c) Designation, Effect. To designate a secure leave period an attorney shall file a written designation (d) Content of Designation. The designation shall contain the following information: (1) the attorney’s name, address, telephone number and state bar number, (2) the date of the Monday on which the secure leave period is to begin and of the Friday on which it is to end, (3) the dates of all other secure leave periods during the current calendar year that have previously been designated by the attorney pursuant to this Rule and to Rule 26 of the General Rules of Practice for the Superior and District Courts, (4) a statement that the secure leave period is not being designated for the purpose of delaying, hindering or interfering with the timely disposition of any matter in any pending action or proceeding, and (5) a statement that no argument or other in-court proceeding has been scheduled during the designated secure leave period in any matter pending in the Appellate Division in which the attorney has entered an appearance.(e) Where to File Designation. The designation shall be filed as follows: (1) if the attorney has
entered an appearance in the Supreme Court, in the office of the Clerk of the Supreme Court; (2) if the attorney has (f) When to File Designation. To be effective, the designation shall be filed: (1) no later than ninety RULE 34 (a) A court of the appellate division may, on its own initiative or motion of a party, impose a sanction (1) the appeal was not well grounded in fact and warranted by existing law or a good faith argument (2) the appeal was taken or continued for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (3) a petition, motion, brief, record, or other paper filed in the appeal was so grossly lacking in the (b) A court of the appellate division may impose one or more of the following sanctions: (1) dismissal of the appeal; (2) monetary damages including, but not limited to, a. single or double costs, b. damages occasioned by delay, c. reasonable expenses, including reasonable attorney fees, incurred because of the frivolous appeal or proceeding; (3) any other sanction deemed just and proper. (c) A court of the appellate division may remand the case to the trial division for a hearing to determine one or more of the sanctions under (b)(2) or (b)(3) of this rule. (d) If a court of the appellate division remands the case to the trial division for a hearing to determine a sanction under (c) of this rule, the person subject to sanction shall be entitled to be heard on that determination in the trial division. RULE 35 (a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be (b) Direction as to Costs in Mandate. The clerk shall include in the mandate of the court an itemized (c) Costs of Appeal Taxable in Trial Tribunals. Any costs of an appeal which are assessable in the (d) Execution to Collect Costs in Appellate Courts. Costs taxed in the courts of the appellate division RULE 36 (a) When Particular Judge Not Specified by Rule. When by these rules a trial court or a judge thereof (1) Superior court: the judge who entered the judgment, order, or other determination from which appeal was taken, and any regular or special judge resident in the district or assigned to hold courts in the district wherein the cause is docketed; (2) District court: the judge who entered the judgment, order, or other determination from which appeal was taken; the chief district judge of the district wherein the cause is docketed; and any judge designated by such chief district judge to enter interlocutory orders under G.S. § 7A-192. (b) Upon Death, Incapacity, or Absence of Particular Judge Authorized. When by these rules the RULE 37 (a) Time; Content of Motions; Response. An application to a court of the appellate division for an affidavits, briefs, or other papers, these shall be served and filed with the motion. Within 10 days after a motion is served upon him or until the appeal is called for oral argument, whichever period is shorter, a party may file and serve copies of a response in opposition to the motion, which may be supported by affidavits, briefs, or other papers in the same manner as motions. The court may shorten or extend the time for responding to any motion. (b) Determination. Notwithstanding the provisions of Rule 37(a), a motion may be acted upon at any (c) Termination of Parental Rights and Juvenile Matters. Any motion or response to a motion filed in (d) Withdrawal of Appeal in Criminal Cases. Withdrawal of appeal in criminal cases shall be in (e) Withdrawal of Appeal in Civil Cases. (1) Prior to the filing of a record on appeal in the appellate court, an appellant or
cross-appellant may, without the consent of the other party, file a notice of (2) After the record on appeal has been filed, an appellant or cross-appellant or all parties jointly may move the appellate court in which the appeal is pending, prior to the filing of an opinion, for dismissal of the appeal. The motion must specify the reasons therefor, the positions of all parties on the motion to dismiss, and the positions of all parties on the allocation of taxed costs. The appeal may be dismissed by order upon such terms as agreed to by the parties or as fixed by the appellate court. (f) Effect of Withdrawal of Appeal. The withdrawal of an appeal shall not affect the right of any other party to file or continue such party’s appeal or cross-appeal.
RULE 38 (a) Death of a Party. No action abates by reason of the death of a party while an appeal may be taken
or is pending, if the cause of action survives. If a party acting in an individual capacity dies after appeal is taken If a party against whom an appeal may be taken dies after entry of a judgment or order but before appeal is taken, any party entitled to appeal therefrom may proceed as appellant as if death had not occurred; and after appeal is taken, substitution may then be effected in accordance with this subdivision. If a party entitled to appeal dies before filing a notice of appeal, appeal may be taken by his personal representative, or, if he has no personal representative, by his attorney of record within the time and in the manner prescribed in these rules; and after appeal is taken, substitution may then be effected in accordance with this rule. (b) Substitution for Other Causes. If substitution of a party to an appeal is necessary for any reason (c) Public Officers; Death or Separation from Office. When a person is a party to an appeal in an RULE 39 (a) General Provisions. The clerks of the courts of the appellate division shall take the oaths and give the bonds required by law. The courts shall be deemed always open for the purpose of filing any proper paper and of making motions and issuing orders. The offices of the clerks with the clerks or deputies in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but the respective courts may provide by order that the offices of their clerks shall be open for specified hours on Saturdays or on particular legal holidays or shall be closed on particular business days.(b) Records to Be Kept. The clerk of each of the courts of the appellate division shall keep and
maintain the records of that court, on paper, microform, or electronic media, or any combination thereof. The
records kept by the clerk shall include indexed listings of all cases docketed in that court, whether by appeal,
petition, or motion and a notation of the dispositions attendant thereto; a listing of final judgments on appeals before RULE 40
RULE 41 (a) The Court of Appeals has adopted an APPEAL INFORMATION STATEMENT which will be (b) Each appellant shall complete, file and serve the APPEAL INFORMATION STATEMENT as set out in this Rule. (1) The Clerk of the Court of Appeals shall furnish an APPEAL INFORMATION
STATEMENT form to all parties to the appeal when the record on appeal is (2) Each appellant shall complete and file the APPEAL INFORMATION
STATEMENT with the Clerk of the Court of Appeals at or before the time his or
her appellant’s brief is due and shall serve a copy of the statement upon all other
parties to the appeal pursuant to Rule 26. The APPEAL INFORMATION (3) If any party to the appeal concludes that the APPEAL INFORMATION
STATEMENT is in any way inaccurate or incomplete, that party may file with RULE 42 |
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