Summary of Items Constituting the Record on Appeal
ITEM | HOW TO SUBMIT | WHEN TO SUBMIT |
Printed Record | Appellant submits printed record electronically. See N.C. R. App. P. 12(a), 26(a). Will be reproduced by appellate court in black and white. N.C. R. App. P. 12(c). | Within 15 days after the record has been settled. See N.C. R. App. P. 12(a). In juvenile cases, within 5 business days after the record has been settled. See N.C. R. App. P. 3.1(d). |
Rule 11(c) or 18(d)(3) Supplement to the Printed Record | Electronically. See N.C. R. App. P. 26(a). | With printed record. See N.C. R. App. P. 12(a). |
Rule 9(d) Documentary Exhibits | Electronically. See N.C. R. App. P. 9(d)(1), 26(a). | With printed record. See N.C. R. App. P. 12(a). |
Rule 9(d) Oversized or Tangible Exhibits | "Original exhibits and other original items that have been settled as part of the record on appeal may be relied on by the parties in their briefs and arguments, but they may not be delivered to the appellate court without the appellate court's permission." N.C. R. App. P. 9(d)(2) (emphasis added). | Original exhibits and items "may not be delivered to the appellate court without the appellate court's permission." N.C. R. App. P. 9(d)(2). If permitted, the custodian "must promptly deliver" the item(s) "to the clerk of the appellate court in a manner that ensures its security and availability for use in further trial proceedings." Id. |
Deposition or Administrative Hearing Transcripts | Electronically. See N.C. R. App. P. 26(a). | With printed record. See N.C. R. App. P. 12(a). |
Transcript of the Trial Tribunal Proceedings | Electronically. See N.C. R. App. P. 26(a). For appeals noticed on or after 1 January 2021, transcripts must be submitted to the appellate court by the appellant. For appeals noticed on or before 31 December 2020, transcripts are submitted to the appellate court by the court reporter(s). See 17 November 2020 Order Amending the Rules of Appellate Procedure. | With printed record. See N.C. R. App. P. 12(a). |
Rule 9(b)(5) Supplement to the Printed Record | Electronically. See N.C. R. App. P. 26(a). | Unless otherwise ordered, no later than the filing of a response brief or within time for filing responsive brief if none if filed. N.C. R. App. P. 9(b)(5). |
"Counsel must file documents in the appellate courts electronically at https://www.ncappellatecourts.org. " N.C. R. App. P. 26(a). "If a technical failure prevents counsel from filing a document by use of the electronic-filing site, then the clerk of the appellate court may permit the document to be filed in paper by hand delivery, mail, or fax." Id. If a party is not represented by counsel, then they are still "encouraged to file items in the appellate courts electronically," but they are alternatively permitted to "file items by hand delivery or mail." Id.