Court Reporting Handbook

Sarah Parker, Chief Justice Supreme Court of North Carolina Judge John W.
Smith, II, Director Administrative Office of the Courts David F. Hoke, Assistant Director Administrative Office of the Courts
COURT REPORTING HANDBOOK

Index
Page ii
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Code of Professional Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Duties and Responsibilities of Court Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Duties and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Private Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hiring Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Types of Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Hiring Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Hiring Assistance Provided by the AOC . . . . . . . . . . . . . . . . . . . . . . . . . . D. Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Salary Supplements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assignment of Official Court Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Prohibition on Hiring Replacements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Assignment of Reporters in Case Involving the Death Penalty. . . . . . . . . . Vacation and Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Court Recesses and Adverse Weather . . . . . . . . . . . . . . . . . . . . . . . . . . C. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Paid Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. Community Service Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. Bonus Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. Continuing Education Leave Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transcript Production & Delivery A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Ordering of a Transcript for Appeal and Transcript Deadlines . . . . . . . . C. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases . . . . . . . . . . . . . D. Ordering of a Transcript for Non-Appeal Purposes . . . . . . . . . . . . . . . . E. Production of Transcripts and Priority of Cases . . . . . . . . . . . . . . . . . . . F. Extensions of Time to Produce Transcripts . . . . . . . . . . . . . . . . . . . . . . . G. Transcript Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. Certificate of Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Certificate of Verbatim Transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. Electronic Filing of Transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K. Continuing Duty to Produce Transcripts . . . . . . . . . . . . . . . . . . . . . . . . L. Transcript Production Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M. Transcript Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N. Transcript Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O. Receiving Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P. Realtime Reporting and Rough Draft Transcripts . . . . . . . . . . . . . . . . . . 3 3 3 4 4 5 5 5 6 6 6 8 8 8 9 9
11 11 12 12 13 14 14 15 16 16 17 17 17 17 18 19 19 19 20 20 21 22 24 25
NORTH CAROLINA JUDICIAL BRANCH OF GOVERNMENT ADMINISTRATIVE OFFICE OF THE COURTS November 1, 2010

Index
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Records Storage and Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Custody and Ownership of a Court Reporter's Materials . . . . . . . . . . . . B. Filing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Court Reporter Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Records Retention and Disposition Schedule . . . . . . . . . . . . . . . . . . . . . State-Provided Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Requisition Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Repair Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Overhaul of Court Reporting Equipment . . . . . . . . . . . . . . . . . . . . . . . . Travel Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Overnight and Daily Travel Expenses other than Mileage . . . . . . . . . . . . C. Travel Reimbursement for Seminars . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. Receiving Reimbursement for Travel Expenses . . . . . . . . . . . . . . . . . . . E. Assignment of State Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statistical Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Official Court Reporter Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . B. Time Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Transcript Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations for Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Contract Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Payment Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic Recording Equipment & Transcription . . . . . . . . . . . . . . . . . . . . . . . . . . A. Use of Court Reporters in District Court at State Expense . . . . . . . . . . . B. Video Recording in Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. Eligibility to Transcribe Electronic Recordings . . . . . . . . . . . . . . . . . . . . D. Obtaining District/Superior Court Recordings for Purposes of . . . . . . . E. Transcript Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix A: Forms Reimbursement of Travel and Other Expenses Court Reporter Statement for Transcripts Reimbursement of Authorized Purchases (Equipment Repair/Overhaul) Court Reporters Monthly Report Stock Supply Request Statement for Contractual Court Reporter Services Transcript of Plea Appellate Entries Request for Duplicate Copy of Verbatim Court Record Request and Order Authorizing Transcript of Confidential Proceeding
28 28 28 29 29 31 31 31 31 32 33 33 34 35 35 36 37 37 37 37 38 38 38 38 40 40 40 40 41 41 41

Index
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Appendix B: North Carolina General Statutes North Carolina Rules of Appellate Procedure Appendix C: Sample Documents Transcript Certificate of Transcript Certificate of Delivery Contract Order Appendix D: Court Reporter/Transcriptionists Instructions for Electronic Filing in the Supreme Court and Court of Appeals of North Carolina

Introduction
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The official record of proceedings in the courts of our State is provided by professionals which may generally be divided into three categories: Official Court Reporters (Reporters), Contract Court Reporters (Contractors), and Contract Transcriptionists (Transcriptionists). This Handbook contains the policies adopted by the Director of the Administrative Office of the Courts (AOC) for preserving a verbatim record, both in Superior Court and in District Courts of record. Some of the policies involve rules that apply to all Court Reporters. The majority of the policies, however, pertain specifically to Official Court Reporters. This Handbook is intended to aid court reporters in the performance of their duties by clearly setting out the responsibilities and requirements of the court reporter position. The goal of these policies is to ensure effective court reporting services through efficient use of court reporters in the North Carolina court system. General personnel policies applying to court reporters as well as to all other employees of the Judicial Branch are set out in the Personnel Management Manual published by the Human Resources Division of the Administrative Office of the Courts. Every hiring authority should have a copy of the Personnel Management Manual. All court reporters are referred to this document for general, system-wide personnel policies, such as Fair Labor Standards Act compliance procedures. This Handbook sets forth only those policies that are specific to the position of court reporter.
David E. Jester, CVR Court Reporting Manager

Code of Professional Ethics
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The Code of Professional Ethics defines the ethical relationship the public, the bench, and the bar have a right to expect from an official court reporter. Not every situation a court reporter may encounter can be foreseen, but fundamental ethical principles are always present. By complying with the Code of Professional Ethics, court reporters maintain their profession at the highest level. The Code of Professional Ethics has been derived from the National Court Reporters Association Code in conjunction with the National Verbatim Reporters Association Code. An Official Court Reporter Shall: 1. Exhibit absolute impartiality toward each participant in all aspects of reported proceedings; always offer comparable services and financial arrangements to all parties in a proceeding. Be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict or a potential conflict arises, the court reporter shall disclose that conflict or potential conflict. Guard against not only the fact of but the appearance of impropriety; avoid giving or receiving any gift, incentive or reward of substance to or from any persons associated with the proceedings. Prepare the record, and preserve the notes/recordings, in accordance with guidelines established by rule, statute or court order. Be prompt to all court assignments and maintain a dignified appearance in dress and deportment. Refrain, as an official reporter, from freelance reporting activities that interfere with official duties and obligations. Determine fees independently, except when established by statute or court order, entering into no unlawful agreements with other reporters on the fees to any user. Acquire and maintain professional competence; stay abreast of changes in the law, legal procedures and technological developments relating to the reporting profession; and, participate in continuing education programs. Strive to achieve the highest quality, effectiveness, and dignity in both the process and products of professional work and maintain the integrity of the profession. Understand and accept that there is a consequence for misconduct, up to and including termination of employment.
2.
3.
4. 5. 6. 7.
8.
9.
10.

Duties and Responsibilities of an Official Court Reporter
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A.
General Policy In order to provide court reporting services to the trial courts, the Administrative Office of the Courts will maintain efficient and cost-effective procedures that will provide for the verbatim recording of all proceedings required by law, without delaying the proceedings, and in such a manner that requested transcripts are delivered within the time requirements of the court or the North Carolina Rules of Appellate Procedure. These procedures are set forth in this Handbook. By accepting employment with the Judicial Branch, Reporters agree to abide by these procedures.
B.
Duties and Responsibilities 1. Duties Reporters shall fulfill the following duties: Record Superior Court proceedings verbatim by either stenograph or voice-writing method. Transcribe the proceedings into verbatim transcripts for purposes of appeal or by order of the court. Deliver certified transcripts to the parties within the time permitted by an order of the court or the North Carolina Rules of Appellate Procedure. Read aloud, as required, portions of the record during court proceedings. Assist with the marking of exhibits (unless this duty is assigned locally to the courtroom clerk). Take dictation of orders and findings of fact and type for judge's signature. Prepare verdict sheets (unless this duty is assigned locally to the courtroom clerk). Maintain files and records of notes. Cooperate with Clerks of Superior Court in the storage and maintenance of notes, audio recordings, and other court reporting materials. Promptly respond to inquiries from attorneys, court personnel, citizens and prisoners. 2. Professional Responsibilities It is the intent of the AOC to ensure a high degree of professionalism, competency, and integrity in the court reporting services program in North Carolina. Reporters are officers of the court and should conduct themselves accordingly. Therefore, each reporter must abide by the rules of professional responsibility and ethics promulgated by the National Court Reporters Association and/or the National Verbatim Reporters Association, depending on the reporter's recording membership and certification.

Duties and Responsibilities of an Official Court Reporter
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C.
Private Work Reporters, as employees of the Judicial Branch, should be available in the courthouse to which they have been assigned during normal working hours, as needed. When not actually recording court proceedings, reporters should use their time for (1) administrative duties or (2) the preparation of any transcripts that have been ordered or requested. A Reporter may not perform private reporting or transcribing work during his or her regular forty-hour workweek, Monday through Friday. Further, if there is a conflict between official and private reporting work after the forty-hour workweek, the court reporter must postpone the private work. For example, if a reporter agrees to take a deposition on a weekend or after regular work hours and the trial judge decides to hold court at that same time, the reporter must cancel the deposition work.
D.
Supervision A Reporter is an officer of the court. Accordingly, while the reporter is administratively supervised by his or her hiring authority, the presiding judge supervises the reporter during the course of court proceedings.

Hiring Procedures
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A.
Types of Reporters There are three types of Official Court Reporters employed to work in the Superior Court Division of the North Carolina General Court of Justice: 1. 2. 3. Resident Official Court Reporters who are hired by the Senior Resident Superior Court Judge (Residents); Resident Official Court Reporters who are hired by the Administrative Office of the Courts (AOC Residents); Roving Official Court Reporters who are hired by the Administrative Office of the Courts (Rovers).
Contractors may also be retained to work for the Judicial Branch to cover Superior Court and/or prepare transcripts on a contractual basis. B. Hiring Policy Any person wishing to serve as a Contractor or Official Court Reporter in Superior Court must meet the following educational and certification requirements: 1. Education Requirements: The reporter must have completed a court reporter course or program either a) Approved by the National Court Reporters Association or b) Endorsed by the National Verbatim Reporters Association. This provision may be waived, based upon training and experience, at the discretion of the Court Reporting Manager and/or other hiring authority. 2. Certification Requirements: The reporter must possess a current certification from a) The National Court Reporters Association (RPR), b) The National Verbatim Reporters Association (CVR), or c) The State of North Carolina Board of Examiners for Court Reporting Standards and Testing (prior to 1998). Salaried court reporters already employed by the State as of 5 June 1998 are exempt from these requirements. Similarly, Contractors already appearing on the AOC contract list as of 5 June 1998 may continue to serve as such even if they do not meet these conditions. Any freelance reporter applying for a salaried position, however, must meet these requirements. Except as it may fall within this exception, this requirement may not be waived. 3. Continuing Education Requirements: Reporters who have obtained a national certification (RPR or CVR) must earn sufficient continuing education credits to maintain the national certification. Official reporters who do not possess a

Hiring Procedures
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national certification must complete ten hours of continuing education. Such reporters should submit proof of their continuing education to their hiring authority annually. A reporter's hiring authority should verify sufficient continuing education has been completed at the time of the reporters' annual Performance Evaluation. The Court Reporting Manager will assist with such verification when requested. Failure to comply with this requirement may result in termination of employment as an official court reporter. C. Hiring Assistance Provided by the AOC The Court Reporting Manager will assist any Senior Resident Superior Court Judge with applying these hiring requirements. This assistance may include Pre-screening applications, Participating in interviews, Verifying certification and course completion, and/or Advertising the position in state and national court reporting publications. Judges with vacant reporting positions who would like the AOC to pre-screen applicants or otherwise assist in the hiring process should contact the Assistant Director's Office. D. Salary Reporters are salaried employees classified at a pay grade determined by the AOC. Starting salaries are recommended by the hiring authority and authorized by the AOC Deputy Director for Human Resources, taking into consideration court reporting experience and training, availability of funding and the current salaries of other official court reporters. Transcript fees are not included in these base salary figures. Reporters are employed to work a forty-hour workweek, and their compensation is fixed in terms of such a workweek. Reporters are compensated separately for transcript production either by the State in indigent criminal cases or by the parties in civil actions and non-indigent criminal matters. E. Salary Supplements Reporters who earn a Registered Merit Reporter (RMR) certification from the National Court Reporters Association or a Certificate of Merit (CM) from the National Verbatim Reporters Association are eligible to receive a salary supplement of 5%. Reporters who earn a Certified Realtime Reporter (CRR) certification from the National Court Reporters Association or a Realtime Verbatim Reporter (RVR) certification from the National Verbatim Reporters Association or a Federal Certified Realtime Reporter (FCRR) from the United States Court Reporters Association are eligible to receive a salary supplement of 25%.

Hiring Procedures
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Once a reporter passes all segments of the certification examination, the reporter should forward a copy of the certificate or notification letter along with a copy of their most recent Performance Evaluation to: AOC Court Reporting Manager, Post Office Box 2448, Raleigh, North Carolina 27602. The salary adjustment will become effective during the pay period immediately following the AOC's receipt of the certificate or notification letter copy and is not retroactive in any way. These salary supplements will be available to all reporters regardless of where an individual reporter stands in the pay range. The supplements will be applied to the employee's base pay.

Assignment of Official Court Reporters
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A.
General Policy Residents and AOC Residents are assigned to cover court in their home Districts as well as surrounding districts as court coverage needs dictate. Rovers, while based in home districts, are assigned on a weekly basis to cover court sessions where assigned as court coverage needs dictate. Local scheduling coordinators are responsible for assignments of Residents within their district. The Court Reporting Manager and/or other members of the Assistant Director's staff are responsible for assignments of Rovers, AOC Residents, and the coordination of assignments for Residents in courts outside their district. Many factors influence to which court sessions or districts a reporter is assigned. These factors include but are not limited to the number of court sessions scheduled in a particular district, vacation and sick leave schedules, and transcript workload. After examining these factors, it may be necessary to assign one or more reporters in a district to cover sessions of court in other districts. Every reasonable effort will be made to limit outside assignments of this sort to nearby districts and to prevent any such assignment from becoming a hardship on the reporter. Additionally, reporters in districts with high caseload volumes may be subject to a rotational assignment schedule as court needs dictate. This schedule would operate to allow each reporter in the high caseload district time out of court periodically. The reporter would use this time out of court to address his or her transcript backlog. The implementation of a rotational assignment schedule is within the discretion of the Court Reporting Manager in reviewing monthly transcript logs and in consultation with local scheduling coordinators and other members of the Assistant Director's staff.
B.
Scheduling Scheduling of court reporters is done electronically as part of the Judges' Commissioning System. Local scheduling coordinators have access to the Court Reporter Schedule Listing and are responsible for the scheduling of all Residents for the sessions of court within their districts. They should designate which Residents are assigned to which session. Sessions where no reporter is needed should be designated as "NRN." Sessions which will be recorded with audio/video equipment should also be so designated. Where, as a result of special sessions or vacation/sick leave of Residents, there are not sufficient Residents to cover each session of court in a district, sessions needing such coverage should be designated as "TBA" by the local scheduling coordinator. Rovers and/or Residents from other districts will then be assigned by the Office of the Assistant Director. Rovers and resident court reporters assigned outside their district will receive their final assignments by e-mail during the week prior. All court reporters may check their future assignments by entering their e-mail address at http://www1.aoc.state.nc.us/jcspublic/email/request.do. The Judges Commission System will automatically generate and send to them an e-mail outlining their assignments for the next six weeks. Court Reporters should remember, however, that, due to holdovers, illness, and other unexpected emergencies, assignments are subject

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to change without notice. Reporters should not make travel arrangements or other plans related to their schedule until they have received confirmation of their final assignment. All reporters are required to inform the local scheduling coordinator when their court finishes for the week and are then considered available for assignment in other districts as court coverage needs dictate. If the local scheduling coordinator is not available, reporters should contact the Assistant Director's Office. Once their court finishes, the remaining days of the session should be designated as NRN. A reporter available for assignment would be designated in the scheduling system as "A." When arranging for court coverage in emergency or other last-minute situations, the local scheduling coordinator should contact the Assistant Director's Office for coordination of such assignments and should remember the following guidelines which will assist you in finding an additional reporter: 1. 2. Be prepared to discuss the transcript backlog of the reporters in your district in the event a substitution needs to be made based on transcript workload or the nature of the new special session. If the special session is expected to carry over for several weeks, this should also be discussed with the Court Reporting Manager to ensure proper arrangements are made for a reporter to continue with the trial or to be relieved by another reporter. If your special session is a case or hearing involving imposition of the death penalty, you must inform the Court Reporting Manager of that fact, as there are special requirements for reporters who are allowed to take death penalty cases or hearings.
3.
C.
Prohibition on Hiring Replacements
The Assistant Director's Office and each district's local scheduling coordinator are responsible for covering sessions of court. Accordingly, under no circumstances may a Reporter hire a Contractor to cover his or her court assignment. D. Assignment of Reporters in Cases Involving the Death Penalty 1. Qualifications and Experience To be eligible to be assigned as a court reporter in any trial, evidentiary hearing or post-trial hearing involving imposition of the death penalty, a reporter must have the knowledge and experience necessary for assignment to such a trial or hearing. The reporter must also demonstrate that he or she can apply that knowledge and experience with appropriate thoroughness in the preparation of pretrial or post-trial transcripts and that he or she can meet the deadlines set forth in Rule 7 of the Rules of Appellate Procedure. A candidate for such an assignment must demonstrate that he or she, in addition to other qualifications:

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a. b. c. d.
Has at least one year experience as an official court reporter within a State court system; Has experience in trials in which jury selection, opening statements, closing arguments, and bench conferences were reported; Has consistently completed transcripts in a timely manner without the need for multiple extensions of time; and Where available, realtime reporters will be assigned to cases involving the death penalty.
The Court Reporting Manager will determine, in his or her discretion, whether a reporter has satisfied these requirements and is therefore eligible for assignment to a case involving the imposition of the death penalty. It is the intention of the Administrative Office of the Courts to assign realtime court reporters to cases involving the imposition of the death penalty when feasible. 2. Waiver If a reporter cannot meet one or more of the requirements set forth above, the Court Reporting Manager, upon determination that the reporter has sufficient knowledge and skill to report a trial or hearing involving the imposition of the death penalty, may waive such requirement(s). The Senior Resident Superior Court Judge in the county in which the trial or hearing is being held or the Presiding Trial Judge may also waive these requirements.

Vacation and Sick Leave
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A.
Vacation Leave All salaried Reporters earn and accumulate vacation leave on the same basis as other leave-earning State employees. Vacation leave may be accumulated from one year to the next, up to a maximum of 240 hours. If on December 31 of any year an employee has accumulated more than 240 hours of vacation leave, the excess hours will be converted to sick leave, with only the 240 hours of vacation leave carried forward to January 1 of the next calendar year. Upon termination of employment, the reporter will receive a lump sum payment for any unused vacation leave, up to the 240-hour maximum. The State vacation leave accrual schedule is as follows: Years of Service less than 2 years more than 2 years but less than 5 years more than 5 years but less than 10 years more than 10 years but less than 15 years more than 15 years but less than 20 years 20 or more years Leave Accumulated Each Month 7 hours, 50 minutes 9 hours, 10 minutes 11 hours, 10 minutes 13 hours, 10 minutes 15 hours, 10 minutes 17 hours, 10 minutes Total Leave Accumulated Each Year 11 3/4 days 13 3/4 days 16 3/4 days 19 3/4 days 22 3/4 days 25 3/4 days
In the same manner that judges are requested to provide advance vacation plans, Reporters should give notice of requests for vacation time as far in advance as possible. By planning in advance, coverage problems can be minimized and the limited court reporting resources can be most effectively and efficiently used to ensure that all Superior Court sessions are covered. Requests for vacation should be made in writing at least four weeks in advance and approved by a Reporter's hiring authority after consultation with the Assistant Director's Office. Local scheduling coordinators should not approve vacation requests without the agreement of the Assistant Director's Office. A reporter who has received approval for vacation time should not appear in the Court Reporter Schedule Listing section of the Judges Commission System as being available for assignment but should be designated as "V."

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When submitting a request for vacation leave, a reporter should bear in mind the following guidelines: < At least one of the requested vacation weeks should be one of the four weeks during the calendar year in which there are no regularly scheduled superior court sessions (i.e., one of the "no-court weeks"). < If the reporter works in a district with two or more reporters, he or she should coordinate the request with those of his or her co-workers. < The court schedule can ordinarily accommodate six vacation requests for any given week. If multiple reporters request the same vacation week, it may not be possible to approve all requests. If a request is not approved the Reporter may be asked to either (1) select a different vacation week or (2) renew the request and ask to be placed on a waiting list. Whether a reporter on the waiting list receives approval will depend on the availability of a replacement reporter. < Except in cases of emergency, requests for vacation made less than four weeks in advance will not be approved. At times it may be necessary for a court to be in session during one of the four weeks when superior court is not normally held. When such a situation occurs, a Resident reporter for that district will be expected to work during that week. If a reporter wants to be assured of not facing such a situation, he or she must request vacation leave in advance for that "no-court week." A Rover would then be assigned to work in that court. B. Court Recesses and Adverse Weather All salaried Reporters are compensated on the basis of a 40-hour workweek. Therefore, if the court to which a reporter is assigned should recess early in the week, the reporter must either (1) make him or herself available for assignment during the remainder of the week or (2) take the remaining hours of the week as vacation time. Additionally, if a court session is canceled due to adverse weather, the court reporter must either (1) make him or herself available for assignment or (2) take vacation time. This is consistent with the Judicial Branch adverse weather policy, which provides as follows: "When it has been determined that an office will be closed and services will be suspended because of adverse weather, time lost will be charged to vacation leave." C. Sick Leave All salaried court reporters earn eight hours of sick leave each month. There is no limit on the amount of sick leave an employee may accumulate. The State does not pay employees for unused sick leave at termination of employment. Employees may, however, receive credit for unused sick leave when computing their "creditable service" for retirement purposes.

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An employee may use sick leave for the following purposes: Absences from work due to illness or injury; Time out of work for medical and dental appointments; Time spent caring for a sick spouse, child, parent, or other dependent living in the household; and Time away from work for funeral services and for compassionate consideration when there is a death in the employee's immediate family (which includes spouses, mothers, fathers, siblings, children, grandparents, grandchildren, and similar step, half, or in-law relationships).
A reporter requesting sick leave in a non-emergency situation should receive the prior approval of his or her hiring authority. A reporter who has received such approval should not appear in the Court Reporter Schedule Listing section of the Judges Commission System as being available for assignment but should be designated as "L." If a reporter requests a replacement for a full week of court due to illness, sick leave will be charged for the full time period that the reporter is unable to work. For example, if a reporter is too ill to cover his or her week's assignment, he or she will be charged 40 hours (5 days) of sick leave even if the court session finishes before Friday afternoon. Similarly, if a court reporter has a doctor's appointment and the court to which he or she is assigned finishes before the day or time of this appointment, the reporter is still required to take sick leave for the time he or she is unavailable because of this appointment. In short, salaried court reporters are paid on the basis of a 40-hour workweek, and, therefore, any time a reporter is not working in court or available for assignment he or she must take leave time. D. Paid Holidays Official court reporters, like all State employees, receive paid holidays. Reporters should consult the holiday schedule published annually by the AOC for specific dates. The following holidays are generally observed: New Year's Day Martin Luther King, Jr. Day Good Friday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving (2 days) Christmas (2-3 days) When an official court reporter is assigned to a court that requires the court reporter's presence on a designated State holiday, the reporter, after making the appropriate entries in BEACON and approval by their supervisor, would be eligible to receive Holiday Premium Pay and Holiday Comp Time.

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E.
Community Service Leave In recognition of the State's diverse needs for volunteers to support schools, communities, citizens and non-profit organizations, and recognizing the commitment of Judicial Branch employees to engage in volunteer service, Community Service Leave, within the parameters outlined below, may be granted to: Parents for child involvement in the schools; Any employee for volunteer activity in the schools or in a Community Service Organization; or Any employee for tutoring and mentoring in the schools
For purposes of Community Service Leave, the following definitions apply: School: One that is authorized to operate under the laws of the State of North Carolina and is either an elementary school, a middle school, a high school, or a childcare program. Child: A son or daughter who is either a biological child, an adopted child, a foster child, a step-child, a legal ward, or a child of an employee standing in loco parentis. Community Service Organization: A non-profit, non-partisan community organization that is designated as an IRS Code 501(c)(3) agency, or a human service organization licensed or accredited to serve citizens with special needs including children, youth, and the elderly. Please note that, although religious organizations may be 501(c)(3) agencies, this leave does not apply to activities designed to promote religious beliefs. Unused Community Service Leave does not carry forward from one calendar year to the next. Additionally, an employee may use only 24 hours of Community Service Leave each year. F. Bonus Leave Full time employees in positions for which vacation leave records are maintained in the Leave Tracking System by the Human Resources Division and who were in leave earning status on September 30, 2002 are entitled to bonus leave. The following guidelines apply to the use of bonus leave: 1. Scheduling and Use of Bonus Leave: Before scheduling or using bonus leave, a reporter should receive prior approval from their hiring authority. It may be used for any purpose for which vacation leave is used and the reporter may determine whether to charge approved leave to either vacation leave or bonus leave.

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2. Accounting for Bonus Leave: Bonus leave is accounted for separately from vacation leave. Any balance of bonus leave on December 31 will be retained by the employee and transferred into the next calendar year. It will not be considered as part of the maximum 240 hours of vacation leave that can be retained. Bonus leave will not be subject to conversion to sick leave. 3. Transfer: Any balance of bonus leave will be transferred with an employee who transfers to another state agency eligible for bonus leave. 4. Separation/Status Change: Any balance of bonus leave will be paid in addition to vacation leave if a reporter leaves state government or changes to a non-leave earning status. 5. Miscellaneous Provisions: Bonus leave may be applied to negative balances of ether vacation or sick leave with the approval of the employee and the hiring authority. Bonus leave may be donated to another employee under the Voluntary Shared Leave provisions. Bonus leave shall be exhausted along with vacation and sick leave before requesting or using voluntary shared leave. G. Continuing Education Leave Time It is not necessary to use annual leave time for any continuing education event for which a reporter is acquiring credits toward the fulfillment of the mandatory continuing education requirement provided that the reporter provide a statement of credits earned for the event to the reporter's hiring authority.

Transcript Production and Delivery
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A.
General Policy Transcripts are produced on a contract basis in accordance with Rule 7 of the Rules of Appellate Procedure. In civil and non-indigent criminal cases, the contract is made between the reporter and the appellant or requester according to terms agreed upon by the reporter and appellant/requester. In indigent criminal cases, the contract is between the Reporter and the State of North Carolina according to terms set out in the Court Reporting Manual. The reporter agrees at the time of employment to be bound by such terms and by any changes or amendments made thereto in subsequent publications of the Court Reporting Manual. Court reporters should produce and deliver transcripts within the time deadlines imposed by Rule 7 of the North Carolina Rules of Appellate Procedure without need for an extension of time. If a reporter deems that, in the unusual case, an extension of time is necessary, the reporter should contact the appellate attorney so that the extension can be secured from the appropriate court prior to the delivery deadline imposed by Rule 7. It is considered the better practice for a reporter to make contact with the appellate attorney early in the transcript production process and advise them of an expected completion time and delivery date so that they may be prepared for early delivery or anticipate the need for any extensions. Court reporters may also refer to the Checklist for Transcript Production and Delivery in the Forms section of this Handbook as a summary of the process.
B.
Ordering of a Transcript for Appeal and Transcript Deadlines Rule 7 governs the procedure for ordering transcripts for appeal which are classified in two categories: indigent and non-indigent. Indigent cases include most criminal cases and the unusual civil case or special proceeding where there is a court order establishing the indigency of a party entitled to appointed appellate counsel. Non-indigent cases include most civil cases and criminal cases where there is no order establishing the indigency of the defendant for the appeal. In Non-Indigent Cases, in accordance with Rule 7(a)(1), the appellant shall contract with the court reporter within 14 days after notice of appeal is filed. Written documentation of the contract should be filed by the appellant with the trial clerk and copies served on all other parties and the reporter. The reporter will then have 60 days to prepare and electronically deliver the transcript. In non-indigent capital cases, the reporter must prepare and deliver the transcript within 120 days from the date listed on the Appellate Entries as "Date order delivered to transcriptionist." In Indigent Cases, in accordance with Rule 7(a)(2) an appeal entries signed by the judge is served on the court reporter by the clerk. Usually, this is done on form AOC-CR-530 ("Appellate Entries"). In non-capital cases, the reporter must prepare and deliver the transcript within 65 days from the date listed on the Appellate Entries as "Date order delivered to transcriptionist." In indigent capital cases, the reporter must prepare and deliver the transcript within 125 days from the date listed on the Appellate Entries as "Date order delivered to transcriptionist." In the unusual civil case or special proceeding there is an order establishing indigency, the Clerk should also include with any appeal entries delivered to the reporter a copy of the court's order establishing indigency for the appeal and a

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statement setting out the name, address, telephone number, and e-mail address of the indigent appellant's counsel. C. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases Cases appealed pursuant to N.C.G.S. 7B-1001 are governed by the time frames set out in Rule 3.1 of the Rules of Appellate Procedure which provides that, within one business day after notice of appeal is filed, the clerk notifies the Court Reporting Manager who assigns a transcriptionist to prepare the transcript, and the clerk forwards all recordings for the case to the assigned transcriptionist. The transcriptionist then has 35 days from the date of assignment to prepare and deliver the transcript to appellate counsel. In accordance with Rule 3.1(c)(1), "Motions for extensions of time to prepare and deliver transcripts are disfavored and will not be allowed by the Court of Appeals absent extraordinary circumstances." D. Ordering of a Transcript for Non-Appeal Purposes Transcripts may also be requested for purposes other than appeal. This is done either (1) by contract between the reporter and the party requesting the transcript; or (2) by written order of the court which should contain appropriate findings of indigency and clearly set out which parties are to receive the transcript. Whether the transcript is requested by contract or court order, the timeline for delivery of the transcript should be agreed upon by the parties and/or included in the order at the time the request/order is made. E. Production of Transcripts and Priority of Cases Except in the unusual case, reporters should give priority to appellate transcripts. Priority among appellate transcripts is determined by the date on which the trial clerk's order or the requesting party's written arrangement was served on the reporter. F. Extensions of Time to Produce Transcripts If a reporter concludes that a transcript will not be completed prior to its deadline, the reporter should contact the appellate attorney at least 10 days prior to the deadline and inform him or her that an extension will be necessary. The attorney will then secure the extension from the appropriate court prior to the delivery deadline imposed by Rule 7. In cases where the death penalty was imposed, all motions for extensions are made directly to the Supreme Court. In all cases not resulting in the death penalty, the first extension is sought from the trial court. All subsequent extensions are sought from the Court of Appeals. While it is understood that some cases, especially in lengthy trials, may necessitate extensions of time to produce the transcript, a third extension demonstrates an extreme mismanagement of time and/or other resources, and the Court Reporting Manager is notified by the Court of Appeals upon the filing of a motion for this and all

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subsequent extensions. Upon this notification, the Court Reporting Manager, in his or her discretion, may take action to correct such mismanagement by: A. B. C. modifying the page rate to be paid for the transcript, decreasing it by ten percent; and/or upon a fourth extension, modifying the page rate to be paid for the transcript, decreasing it by twenty percent; and/or upon a fifth extension, removing the reporter from the court schedule and placing them on vacation or unpaid leave until the transcript is completed.
Court reporters in all cases where extensions may be required, in addition to notifying the appellate attorney, are encouraged to consult regularly with the Court Reporting Manager so that other avenues of assistance may be fully explored before such measures are enforced. The Court Reporting Manager may also, in his or her discretion after consultation with the reporter, deem the delay in production an exceptional circumstance and waive punitive consequences. G. Transcript Delivery In accordance with Rule 7(b)(2) of the Rules of Appellate Procedure, court reporters shall electronically deliver the completed transcript with accompanying PDF disk to the parties including, in criminal cases, the district attorney and Attorney General of North Carolina. This shall be accomplished in the following way: 1. 2. Transcripts MUST be delivered in .PDF format. No other format is acceptable. When a transcript has been completed, the court reporter will electronically mail a copy of that transcript to the attorneys of record and/or other parties requesting the transcript. In a criminal case, the transcript should be sent to the appellate attorney at the e-mail address provided, the district attorney assigned to the case, and the Attorney General's office (crimtranscripts@ncdoj.gov). After electronically mailing the transcript to the attorneys of record and/or other parties requesting the transcript, the court reporter will mail a CD containing a .PDF version of the transcript to all of the same parties. Copies for the Attorney Generals Office should be sent to: North Carolina Department of Justice Appellate Section Post Office Box 629 Raleigh, North Carolina27602
3.

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H.
Certificate of Delivery Rule 7(b)(2) provides that the reporter "shall certify to the clerk of the trial tribunal that the parties' copies have been so delivered, and shall send a copy of such certification to the appellate court to which the appeal is taken." This certificate should also include, in addition to the date on which delivery was made, the date of the order or request for the transcript and the number of pages included in the transcript. The reporter should file the original certificate of delivery with the trial clerk and file a copy with the appropriate appellate court. The reporter also should include a copy of the certificate in any transcripts of the proceeding that he or she delivers to the parties. Except in expedited cases, it is unnecessary to send a copy of the certificate to the Administrative Office of the Courts. When mailing materials to the North Carolina appellate courts, reporters should use the following addresses: Supreme Court of North Carolina Post Office Box 1841 Raleigh, North Carolina 27602 North Carolina Court of Appeals Post Office Box 2779 Raleigh, North Carolina 27602
I.
Certificate of Verbatim Transcript The reporter also should certify that the transcript is a "true, correct and verbatim transcript" of the proceeding. A sample certification form is included in the Appendix Section of the Court Reporting Manual. The reporter should include and number this certificate as the last page of the bound transcript. It is unnecessary to send a copy of this certificate to the AOC.
J.
Electronic Filing of Transcripts After receiving the transcript, the attorneys/parties follow the procedures set out in Rule 7 for filing the appeal and, at an appropriate time, are given a docket number for electronically filing with the appellate court which they provide to the court reporter for electronic filing of the transcript. Once the court reporter receives the docket number from the appellate attorney, the reporter will, as quickly as possible, electronically file the transcript with the appropriate appellate court according to the guidelines attached as Court Reporter/Transcriptionist Instructions for Electronic Filing of Documents in the North Carolina Supreme Court and Court of Appeals. (Reporters will only follow this step in cases on appeal.) Reporters with questions relating to electronic filing of transcripts should contact the Court Reporting Manager at 919-831-5974 or David.E.Jester@aoc.nccourts.org. Reporters having problems registering or logging into the website should direct their questions to the support line at 919-831-5708 or

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efiling@sc.state.nc.us. K. Continuing Duty to Produce Transcripts At the time of employment, the reporter agrees that, after retirement or other termination of employment, the reporter will remain responsible for the production and delivery of verbatim transcripts of court proceedings recorded during the reporter's period of employment. The reporter also bears a continuing responsibility to provide a current mailing address and telephone number to the AOC. L. Transcript Production Assistance The AOC Court Reporting Manager is responsible for monitoring the work of official court reporters to gauge whether they are delivering transcripts in a timely manner. The Court Reporting Manager will use the reporters' monthly transcript reports, along with other resources, in order to make these determinations. If the Court Reporting Manager determines that, despite the diligent efforts of the reporter, transcription production assistance is necessary, the Court Reporting Manager, at his or her discretion, may assist the reporter in catching up any backlog in one of the following ways: 1. Alter the reporter's regular schedule and assign them to administrative sessions of court or other similar sessions which will probably not result in transcript requests/orders so the reporter will not continue to fall further behind. Remove the reporter from the court schedule entirely, in which case the reporter would spend their time working solely on transcript production. The reporter would also be either placed on vacation or unpaid leave or, in the unusual case, available for assignment. This is sometimes referred to as "typing time." Reassign some or all of the reporter's outstanding transcripts. This would be done in consultation with the reporter's hiring authority.
2.
3.
In deciding whether to grant transcript production assistance, the Court Reporting Manager will consider the following: 1. 2. 3. 4. 5. 6. The nature of the reporter's assignments for the relevant period; How the reporter uses his or her time when not recording court proceedings; The reporter's travel schedule and the amount of time assigned away from the reporter's home district; The number of pending transcripts and the total number of pages for these pending transcripts; The reporter's past record for timely production and delivery of transcripts; and The reporter's past requests for transcript production time out

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of court. If the Court Reporting Manager grants time out of court for transcript production, the reporter must use the time allotted for actual typing and (1) take vacation or unpaid leave or (2) make himself or herself available for assignment. For example, if a reporter receives one week of "typing time," the reporter must spend the forty hours of that week preparing transcripts. The reporter must also spend the week (1) on vacation or unpaid leave or (2) available for assignment. Because one reporter spending time out of court for transcript production would affect the schedules of many other reporters, a reporter's hiring authority should not give "typing time" to reporters without consulting the Court Reporting Manager. M. Transcript Format When preparing transcripts, reporters should abide by the format guidelines set forth below. 1. 2. 3. 4. 5. 6. Twenty-five typed lines per page (not counting headers or footers) on standard 8.5" x 11" paper. 10 or 12 pitch (font size) Left-hand margin set at no more than 1-3/4 inches. Right-hand margin set at no more than 3/8 inch. Each question and answer begins on a separate line. Each question and answer begins no more than five spaces from the left-hand margin with no more than five spaces from the Q and A to the text. Carry-over Q and A lines begin at the left-hand margin. Colloquy material begins no more than fifteen spaces from the left-hand margin, with carry-over colloquy to the left-hand margin. Quoted material begins no more than fifteen spaces from the left-hand margin, with carry-over lines beginning no more than ten spaces from the left-hand margin. Parentheticals and exhibit markings begin no more than fifteen spaces from the left-hand margin, with carry-over lines to begin no more than fifteen spaces from the left-hand margin. Each line shall be typed in normal sentence case, not in all uppercase.
7. 8.
9.
10.
11.

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12. 13. 14.
The size of one volume of a transcript should not exceed 250 pages. If multiple volumes are needed, use continuous pagination from one volume to the next. Include times within the transcript (i.e., beginning and end of each day, recesses, jury deliberations, and other significant events). Use headers to identify examination of witness and/or speaker identification during lengthy argument.
15.
N.
Transcript Fees 1. Criminal Superior Court -- Appeal Transcripts The AOC will pay for the following in appeals from superior court criminal cases: A. B. Where the defendant is indigent, both electronic copies of transcript for the defendant and for the State; or Where the defendant is not indigent, one copy of the transcript for the State. A non-indigent defendant would be expected to pay for his/her copy of the transcript privately.
Where the defendant is indigent, the AOC will compensate the reporter at the rate of $2.50 per page for the original only. Where the defendant is not indigent, the AOC will compensate the reporter for the State's copy at the rate of $0.75 per page upon written order of the Court unless the State was the requesting party of the original transcript. A non-indigent defendant must bear the cost of his or her own transcript at the prevailing market rate. The AOC will pay only for one original transcript per case. The AOC will not pay for additional copies of transcripts as, once produced, the original transcript is considered the property of the State of North Carolina and, as such, may be copied/distributed accordingly. 2. Criminal Superior Court -- Other Transcripts In addition to appeal transcripts, the AOC will pay for other types of criminal superior court transcripts in certain circumstances upon written order of the Court which includes findings that the party requesting the transcript is indigent and/or otherwise directing the State of North Carolina to bear the cost of production. For example: A. Guilty pleas;

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B. C. D. E.
Previous mistrials; Preliminary hearings; Grand jury proceedings; and Deposition transcripts of unavailable witnesses.
These will be handled like appeal transcripts: an original fee of $2.50 per page will be paid by the AOC. Just as with appeal transcripts, the AOC will not pay for transcripts of the matters listed above for non-indigent defendants. The AOC will not pay for the transcript of an order in a criminal case because the AOC views the typing of orders as part of the administrative duties of a court reporter. The AOC also will not pay any postage and handling expenses associated with transcript delivery. 3. Civil Superior Court The AOC ordinarily does not pay for transcripts in civil cases. The parties themselves bear the cost of such transcripts at prevailing market rates, even where the party has sued as an indigent. The AOC also will not pay for the transcript of a civil order. Again, the AOC views the typing of civil orders as part of a court reporter's administrative duties. 4. Transcripts for Judges On occasion, a judge will order for himself or herself a transcript of a criminal or civil proceeding. Common examples are hearings to settle the record on appeal and recusal hearings. If the parties have not requested the transcript, the reporter may bill the AOC for the judge's transcript at the rate of $2.50 per page. If, however, the parties have requested this same transcript, the judge ordinarily will receive a free electronic copy. 5. Criminal District Court In a limited number of circumstances, an appeal may be taken from the District Court directly to the Court of Appeals. In this instance, the clerk will assign a reporter/transcriptionist to prepare a transcript. The AOC will pay for production of transcripts in such cases in the same manner as in an appeal from the Superior Court. In certain other circumstances, a judge will order the recording of a probable cause hearing using the digital audio electronic recording equipment. The AOC's payment policy for guilty plea and probable cause transcripts in district court is the same as that used for similar transcripts prepared pursuant to court order in Superior Court. 6. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases

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Due to the expedited nature of the transcript production in Rule 3.1 (juvenile abuse/neglect) cases, the AOC will, upon approval of the Court Reporting Manager, compensate the reporter/transcriptionist at a rate of $3.00 per page ($2.50/page rate plus a $.50/page expedited rate) for the original only. The additional expedited rate may be disapproved, in the discretion of the Court Reporting Manager, for transcripts not delivered within the expedited time frames set out in Rule 3.1. Under ordinary circumstances, only parties for whom counsel has been appointed by the court or other State agency (i.e. the Appellate Defender's Office) would be entitled to a copy of the transcript as part of the rate paid by AOC. All other parties (including Departments of Social Services and non-indigent parents) would bear the cost of copies of the transcript. 7. Other "Expedited" Transcripts Production of transcripts in cases not referred to in Rule 3.1, in the unusual case, may also be expedited upon written order of the court, and reporters may be eligible in these limited instances for the additional expedited rate. Reporters should be aware, however, that the Court Reporting Manager may disapprove the expedited rate, in his or her discretion, if it is determined that, despite the order of the Court, the transcript was not completed and delivered on an expedited basis. O. Receiving Payment For indigent cases in which the AOC will pay for the production of a transcript, at the time of invoicing, the reporter/transcriptionist must submit (1) a completed form AOC-A-42 ("Court Reporter Statement for Transcripts") and (2) either an Appellate Entries showing the defendant is indigent or the court's order directing production of the transcript which, in a criminal matter, should indicate whether the defendant is indigent. Where the situation is unusual or complex, a brief explanatory letter or note from the reporter will facilitate the processing of the invoice. If a reporter has any questions or concerns regarding how the AOC's payment policies apply to a particular case, the reporter should contact the AOC Court Reporting Manager before preparing the transcript. The reporter/transcriptionist should send the completed payment form, the Appellate Entries or court order and any explanatory note to: AOC Financial Services Division, Post Office Box 2448, Raleigh, North Carolina 27602. In all cases involving expedited production of transcripts, the expedited rate must be approved by the Court Reporting Manager. The reporter/transcriptionist should send the completed payment form, appellate entries or court order (the order must include the word "expedited"), and a copy of the Certificate of Delivery establishing expedited completion and delivery of the transcript to the AOC Court Reporting Manager at PO Box 2448, Raleigh, North Carolina 27602.

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P.
Realtime Reporting and Rough Draft Transcripts 1. Hearing Impaired Defendants, Litigants, Witnesses and Jurors Special requirements govern cases involving a hearing-impaired criminal defendant, civil litigant, witness, or juror. In such cases, Chapter 8B of the North Carolina General Statutes, or the Americans with Disabilities Act, or both, require the Judicial Branch to accommodate reasonably those persons with hearing impairments so that they may effectively participate in the proceedings. Realtime reporting and rough draft transcript production are possible accommodations for the hearing impaired. In certain instances, a realtime reporter may be the only means of accommodation. There are, however, other accommodations for those persons with special needs, such as sign language interpreters and electronic assisted-hearing devices. The AOC will work with the person in need of assistance and the local court officials to determine the appropriate accommodation. 2. Criminal Proceedings Where There Is No Hearing Impairment The following guidelines apply when the State or the defendant is seeking the services of a realtime reporter in a criminal case: A. The prosecutor, the defendant, or both must move the court to order the provision of realtime services in the case. It is within the court's discretion to determine that such services are necessary. The requesting party(ies) should file this motion as early as possible in the case so that the local contact person and the Court Reporting Manager will have adequate time to arrange for a realtime reporter should the court grant the motion. B. If the reporter already assigned to the case does not possess realtime capability, the local contact person and the Court Reporting Manager will work together to locate an official or freelance reporter capable of providing realtime services in the case. C. In addition to the reporter's base salary (or daily contract rate), the AOC will compensate the reporter for the realtime services he or she provides in the case. Specifically, the AOC will pay the reporter $0.50 per page for each page of the court proceeding the parties and judge are allowed to view by linking to the reporter's realtime equipment. If, for example, a day's proceedings totaled 200 pages using Case View or other similar litigation support software, the reporter would be entitled to $100.00 (regardless of how many case participants viewed the pages). Payment forms for these services should be sent, with a copy of the relevant court order, to the Court Reporting Manager. D. The parties also may move the court to order the production of

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E.
rough draft transcripts. If the court grants the motion, the AOC will pay the reporter $0.50 per page for the original. The AOC will pay this rate either for (1) an electronic mail copy of the rough draft transcript or (2) a rough draft transcript provided to the parties on computer diskette. In a non-indigent criminal case, the AOC will pay only for the State's copy of the rough draft transcript, again at the rate of $0.50 per page. Payment forms for these services should be sent, with a copy of the relevant court order, to the Court Reporting Manager. Preparation of the final certified transcript, if ordered/requested, would be done according to the regular terms of transcript production regardless of whether the reporter has provided rough draft transcripts in the case.
3.
Civil Proceedings Where There Is No Hearing Impairment The following guidelines apply when the parties to a civil action are seeking the services of a realtime reporter: A. One or both of the parties must move the court to order the provision of realtime services in the case. The judge may grant or deny the motion in his or her discretion. The requesting party(ies) should file the motion as early as possible in the case so that the local contact person and the Court Reporting Manager will have adequate time to arrange for a realtime reporter should the court grant the motion. B. If the reporter already assigned to the case by the AOC possesses realtime capability, then the reporter may charge the parties additional amounts for his or her realtime services at the prevailing market rates. These services may include, for example, rough draft transcripts and access for the parties to the reporter's litigation support software. This compensation will be in addition to the reporter's base salary (or daily contract rate). C. If the reporter already assigned by the AOC does not possess realtime capability, then the local contact person and the Court Reporting Manager will attempt to arrange for an official or freelance reporter with realtime capability. (If a freelance reporter is used, the parties must pay the amount, if any, by which the reporter's daily contract fee exceeds the State contractor rates.) The reporter may charge the parties additional amounts for his or her realtime services at the prevailing market rates. These services may include, for example, rough draft transcripts and access for the parties to the reporter's litigation support software. This compensation will be in addition to the reporter's base salary (or daily contract rate). If it becomes necessary to use a freelance reporter who does not appear on the AOC's contract list, the reporter must meet certain criteria before he or she may take the record of the

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proceedings. Specifically, the reporter must (1) have completed a nationally accredited or endorsed court reporter program and (2) possess a current national realtime certification. The reporter also must agree that his or her original stenotype notes or stenomask recording of the proceeding are State property pursuant to N.C.G.S. 7A-95. 4. Assignment of Realtime Reporters If it becomes necessary to secure the services of a realtime reporter, the local contact person in the district should contact the Court Reporting Manager. The local contact person and the Court Reporting Manager will work together to arrange for realtime services.

Records Storage and Retention
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A.
Custody and Ownership of a Court Reporter's Materials N.C.G.S. 7A-95(c) provides that "[i]f stenograph, shorthand, or voice writing equipment is used [to record court proceedings in superior court], the original tapes, notes, discs or other records are the property of the State, and the clerk shall keep them in his custody." Therefore, by statute, a court reporter's notes are the property of the State of North Carolina and the Clerk of Superior Court is the ultimate custodian of the notes. Similarly, Rule 17.1 of the Rules of Recordkeeping published by the Administrative Office of the Courts provides, in pertinent part, as follows: 17.1 VERBATIM RECORD: The clerk shall maintain the original verbatim record of those court proceedings specified by statute to have such a record made. Such records may be made through an electronic recording device operated by the clerk or by one of several techniques employed by court reporters. Whether created by the clerk or a court reporter the original recording material of the proceedings [is] the property of the State and shall be kept under the control of the clerk of the county where the proceeding was held. These materials shall include audio or videotapes, notes, discs, and any other recording media. While the court reporter is in the process of preparing a transcript of a proceeding, the recording material may be kept in the possession of the reporter. While in the reporter's possession, [it] shall be deemed to be in the custody of the clerk. Once the transcript is prepared, the recording material shall be transferred to the clerk's office. In short, the court reporter's original tapes, notes, discs or other records of the proceeding are State property of which the clerk is the ultimate custodian. While preparing a transcript, however, the reporter may retain this material in his or her possession. Upon completion of the transcript, the reporter must return the material to the clerk.
B.
Filing Requirements The reporter must file his or her notes and other materials by session. Specifically, Rule 17.2 of the Rules of Recordkeeping provides, in pertinent part, as follows: 17.2 LABELED AND ORGANIZED FOR FILING: The court reporter shall prepare the original recording material so that it is labeled with the case names and numbers of the proceedings it contains, and organized by court session date. Civil and criminal sessions shall be kept separate. Mixed sessions shall be filed with the criminal session materials. The reporter must prepare his or her original notes in such a manner that material relating to each session may be readily divided from other material. All material relating to each session must be (1) dated, (2) briefly identified, and (3) placed

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in an envelope or folder. The reporter must designate the court and the date of the session on the face of the envelope or folder. If the session included a proceeding in a capital case, the reporter should note that information on the face of the envelope or folder. If a reporter has worked in more than one session of court (i.e. in a different courtroom with a different judge), the materials for the two sessions should be kept separate, and each session should be given its own envelope or file folder. The reporter also must include within each envelope or file folder a list of each case reported during the session. Finally, the reporter should include his or her name, address, and telephone number. There are three options for where to file these materials: 1. 2. 3. In the clerk's office; In the office of the reporter at the courthouse; or Any other location provided by the county that is authorized by the clerk.
Reporters are prohibited from keeping their notes at any location other than these unless the reporter is in the process of preparing a transcript. C. Court Reporter Contact Information Each reporter who records a proceeding in a county must file with the Clerk of Superior Court in that county the following information: 1. 2. 3. 4. 5. D. Name of reporter; Home address; Office address, if any; Home and office telephone numbers; and E-mail address.
Records Retention and Disposition Schedule The AOC, in conjunction with the Division of Archives and History of the Department of Cultural Resources, has issued a retention and disposition schedule for court records. This schedule applies to all verbatim records, regardless of whether a transcript has been prepared from these records. The schedule for superior court cases may be summarized as follows: 1. Capitally-tried cases: Retain the original tapes, notes, discs or other records for 25 years; then destroy upon AOC approval. 2. Superior court criminal cases other than capital cases: Retain the original tapes, notes, discs or other records for 10 years; then destroy upon AOC approval. 3. Civil superior court cases: Retain the original tapes, notes, discs or other records for 5 years; then destroy upon AOC approval.

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Once a record is eligible for destruction pursuant to this schedule, only the clerk may request authorization from the AOC to destroy the record. Court reporters should not destroy records.

State-Provided Equipment and Supplies
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A.
Equipment and Supplies The Administrative Office of the Courts provides the following equipment and supplies to salaried court reporters: 1. 2. 3. 4. Normal office supplies (excluding paper used for transcripts and transcript covers); Paper and ribbons for stenograph machines; CD-ROM discs for voice writing machines; and Computer diskettes/CD-ROM discs.
The AOC does not provide equipment or supplies to contract court reporters. The AOC also does not provide reporters with computer hardware or software. B. Requisition Procedure Official resident court reporters should requisition supplies through their hiring authority: Residents should requisition supplies through the Trial Court Administrator or Judicial Assistant in the district to which they are assigned. When requesting supplies, district-based reporters should comply with the requirements of their Trial Court Administrator or Judicial Assistant in the district to which they are assigned. Rovers and AOC Residents should requisition supplies through the Court Reporting Manager. When requesting supplies, Residents and Rovers should request all supplies in writing, usually by completing form AOC-A-85 ("Stock Supply Request"). [Note: Supplies can only be delivered to physical addresses. They cannot be delivered to post office boxes.] C. Repair Procedure If an official court reporter's equipment should need repairs, the reporter should abide by the following procedure: 1. 2. The reporter delivers the machine to the authorized service representative who repairs the equipment and returns it to the reporter along with an invoice. The reporter should pay the invoice and forward a copy to AOC for reimbursement. The reporter should complete form AOC-A-201 (Reimbursement Of Authorized Purchases For Books, Supplies, Equipment Or Printing (Rev. 1/05)) and attach a letter to the invoice explaining that (1) the machine does not bear a State fixed asset system (FAS) number because it is not State property, but (2) the reporter uses the machine solely for State business. The reporter forwards the form, the invoice, and the letter to the Court Reporting Manager.
3.

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4.
The AOC reimburses the amount of the invoice directly to the reporter.
D.
Overhaul of Court Reporting Equipment Once every year, the AOC will pay for the overhaul of an official reporter's court reporting equipment provided that the reporter uses the machine only for State business. Reporters who are eligible for an overhaul should follow the same procedure outlined above for equipment repair.

Travel Expenses
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A.
Mileage 1. Designation of Headquarters The headquarters of a district-based reporter in a single-county district is the county seat. The headquarters of a district-based reporter in a multi-county district is the county seat of the county in which the reporter resides. [Note: If the reporter resides in a county outside his or her multi-county district, then the reporter's headquarters for travel purposes shall be the county seat of the county in the district that is geographically closest to the reporter's county of residence.] The headquarters for a roving reporter is the county seat of the county in which the reporter resides. 2. Computing Mileage A reporter should compute mileage from the reporter's home or headquarters, whichever is closer to the destination. A reporter is not entitled to mileage for commuting between the reporter's home and headquarters. The following examples may help illustrate these rules: Out of district travel: A reporter is headquartered in Charlotte, but chooses to live in Gastonia. If assigned to cover court in Shelby, the reporter would compute mileage from his or her home (Gastonia), not from his or her headquarters (Charlotte), since Gastonia is closer to Shelby. If assigned to cover court in Monroe, however, the reporter would compute mileage from Charlotte. This reporter would not, however, be entitled to reimbursement for mileage when assigned to cover court in Charlotte. Travel within a multi-county district (reporter lives in headquarters): An official reporter for District 19B resides in Randolph County and therefore is headquartered in Asheboro. The reporter also lives in Asheboro. When covering court in Troy, the reporter would be entitled to reimbursement for the mileage between Asheboro and Troy. Travel within a multi-county district (reporter does not live in headquarters): An official reporter for District 15B resides in Orange County and therefore is headquartered in Hillsborough. The reporter lives, however, in Chapel Hill. When covering court in Pittsboro, the reporter would be entitled to reimbursement for the mileage between Chapel Hill and Pittsboro. The reporter would not, however, be entitled to reimbursement for mileage when covering court in Hillsborough. 3. Mileage Reimbursement Rate When a reporter is entitled to reimbursement for mileage, he or she may receive reimbursement at the current rate set by the Administrative Office

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of the Courts. This mileage rate is subject to change at any time. B. Overnight and Daily Travel Expenses other than Mileage 1. Overnight Travel Expenses If a reporter must travel farther than 50 miles one way to an assignment, the State will pay overnight expenses in addition to mileage. (A reporter may receive overnight expenses for the night before the assignment if the reporter would have to leave his or her headquarters prior to 6:00 AM in order to arrive on time for the assignment.) Reporters traveling overnight may receive allowances at the current rate approved by the Administrative Office of the Courts: Breakfast: A reporter may receive an allowance for breakfast on the day of departure only if the reporter departs from headquarters or home prior to 6:00 AM. Lunch: To receive an allowance for lunch on the day of departure, the reporter must depart from headquarters or home prior to noon. To receive an allowance for lunch on the day of return, the reporter must return to headquarters or home after 2:00 PM. Dinner: To receive an allowance for dinner on the day of return, the reporter must return to headquarters or home after 8:00 PM. Lodging: Actual cost up to the current rate approved by the Administrative Office of the Courts plus any room taxes. In order to receive reimbursement for lodging, the reporter must attach the itemized daily hotel or motel receipt, not a credit card slip, to the travel reimbursement form. Any reporter contemplating overnight travel should consult the Court Reporting Manager before making travel arrangements as any overnight travel without prior approval of the Court Reporting Manager will not be reimbursed. 2. Daily Travel Expenses Reporters who are not traveling overnight may receive meal allowances at the current rate approved by the Administrative Office of the Courts in certain circumstances. The guidelines are as follows: Breakfast: A reporter may receive an allowance for breakfast only if the reporter (1) departs from headquarters or home prior to 6:00 AM and (2) extends his or her normal workday by two hours. Lunch: Not reimbursable. Dinner: A reporter may receive an allowance for supper only if the reporter (1) returns to headquarters or home after 8:00 PM and (2) extends his or her normal workday by three hours. 3. Parking

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Reporters also may receive reimbursement for parking charges. If the total cost is $2.00 or more for a single day, the reporter must submit the parking receipt(s) in order to receive reimbursement. C. Travel Reimbursement for Seminars The Administrative Office of the Courts will reimburse an official reporter for the travel expenses associated with the annual AOC-sponsored professional development seminar. These expenses may include mileage, meals, lodging, and parking consistent with the rules set forth above. The AOC ordinarily will not reimburse reporters for the travel and other expenses associated with non-AOC-sponsored seminars. D. Receiving Reimbursement for Travel Expenses In order to receive reimbursement for mileage and other travel expenses, a reporter must complete form AOC-A-25 ("Reimbursement of Travel and Other Expenses Incurred in the Discharge of Official Business"). The following are several guidelines for completing the form: The reporter should provide his or her social security number in the "Payee's Name and Address" box at the top of the form. Both the reporter and his or her supervisor must sign the form. Residents should have their senior resident superior court judge sign the form. The Court Reporting Manager will sign the forms for Rovers, AOC Residents, and Contractors. In order to receive reimbursement for meals, the reporter must list departure and return times. In order to receive reimbursement for lodging, the reporter must provide the actual hotel or motel receipt, not a credit card slip. This receipt must itemize the lodging expenses for each day of the reporter's stay. No receipts are required for meals. If the total cost of parking is $2.00 or more for a single day, the reporter must provide the parking receipt(s) in order to receive reimbursement. Resident official reporters should forward their completed and signed reimbursement forms to: AOC Controller's Office, Post Office Box 2448, Raleigh, North Carolina 27602. Rovers, AOC Residents, and Contractors should forward their completed and signed reimbursement forms to: AOC Court Reporting Manager, Post Office Box 2448, Raleigh, North Carolina 27602. N.C.G.S. 138-6(c) provides that "All reimbursement requests shall be filed for approval and payment within 30 days after the travel period for which the reimbursement is being requested." Reporters therefore must submit their payment requests to the AOC Controller's Office within 30 days after the end of the month in which the travel occurred. The AOC will deny reimbursement requests submitted after this deadline.

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E.
Assignment of State Vehicles If a reporter consistently exceeds a certain amount of miles per month of travel, he or she may be eligible to receive a State vehicle. The determination of how many miles qualifies a reporter for a state vehicle will be based off of the current mileage rate. If a reporter is offered a State vehicle and rejects the offer, that reporter would then only be reimbursed mileage at the current motor fleet rate.

Statistical Reporting
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A.
Official Court Reporter Recordkeeping N.C.G.S. 7A-346 provides, All . . . officers or employees of the courts and of offices directly related to and serving the courts shall on request furnish to the Administrative Officer information and statistical data relative to the work of the courts and of such offices and relative to the receipt and expenditure of public moneys for the operation thereof. Pursuant to this statutory authority, official reporters are required to complete monthly activity reports related to (1) use of work time and (2) transcript production and backlog. The Court Reporting Manager will use these forms for administrative and management purposes.
B.
Time Accounting All reporters should comply with the policies and procedures for BEACON in accounting for their working time while recording court proceedings, performing administrative tasks within the courthouse, and time spent available for assignment as well as all leave time while on vacation, sick, or other leave during the regular 40-hour workweek. Entries in BEACON are approved by the reporter's hiring authority.
C.
Transcript Production In addition to accounting for time spent during the regular 40-hour workweek, each reporter shall file with the Court Reporting Manager a completed "Court Reporter's Monthly Report" by the 10th day of each month. This form requires the reporter to document transcripts completed and delivered as well as transcript pages outstanding during the preceding month. For example, a reporter would file a report for transcript production in January by the 10th of February. This is usually done by e-mail. The Court Reporting Manager uses this information in coordinating the scheduling of court reporters, in addressing production backlogs and delinquent transcripts, and in compiling and regularly keeping statistics for the entire court reporting program.

Regulations for Contractors
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A.
General Policy It is the intention of the AOC that, when hired to work as a Contractor, a reporter would be expected to fulfill all the same duties and responsibilities and be subject to all the same regulations and comply with all the same policies set forth previously in this Handbook for Official Court Reporters, including but not limited to eligibility requirements and scheduling, travel reimbursement, and transcript production policies. In essence, during the time contracted to work, a Contractor would operate as if they were a regular employee.
B.
Contract Rates The AOC Assistant Director's Office will arrange for the Contractor to work on either a daily or weekly basis. If a Contractor is assigned to superior court on a daily basis, he or she will receive payment at the rate of $80.00 per day. Contractors assigned on a weekly basis will receive payment at the rate of $400.00 per week. When a Contractor agrees to cover an entire week of court, he or she will be considered to be available to work for the full five days. Accordingly, Contractors are required to inform the Assistant Director's Office so that they can be assigned to other courts as needed during the week. If court finishes before 2:00 PM on Tuesday and the reporter is not needed for assignment to another court, the reporter will receive half the weekly contract fee (i.e., $200.00). If, however, the Monday of the court week is a holiday, the reporter will receive only $80.00 if court finishes on Tuesday and the reporter is not assigned elsewhere.
C.
Payment Forms 1. Contractual Services Form In order to receive the contract fee, Contractors must complete form AOC-A-43 ("Statement for Contractual Court Reporter Services"). The following information may assist freelance reporters in completing the form: Contractors may complete the form by hand so long as the information is legible. The Court Reporting Manager should sign the form in the Assignment and Authorization section. If the presiding judge has rotated out of district and is therefore unavailable, another superior court judge may sign the form in the Certification section. The reporter should complete one form for each assigned week of court. Therefore, if the reporter spends Monday and Tuesday in one county, but is assigned to another county on Wednesday, Thursday and Friday, the reporter need only submit a single form for the entire week. The reporter should explain on the form or in an accompanying letter, however, that he or

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she served in more than one county. In order to receive reimbursement for allowable travel expenses, the contractor must complete form AOC-A-25 as outlined previously in this Handbook. The reporter should not include charges for travel expenses on the contractual services form itself. The reporter should read carefully the information on the reverse of the form.
Contractors should forward their completed contractual services forms to: AOC Court Reporting Manager, Post Office Box 2448, Raleigh, North Carolina 27602.

Electronic Recording Equipment and Transcription
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A.
Use of Court Reporters in District Court at State Expense As a general rule, only electronic digital recording equipment may be used for taking the official verbatim record of district court proceedings, whether in criminal, civil, or juvenile matters. In certain circumstances, proceedings in Superior Court may also be recorded in the same manner. The recording of the proceedings is the official record. A live court reporter may be retained to record district court proceedings only where: (1) the presiding judge allows the use of a live reporter and (2) the parties themselves bear the entire cost of the reporter's services. In a limited number of circumstances, the AOC will, upon written order of the Court, provide a reporter, if available, to record and prepare transcripts of proceedings in the District Court. Reporters will only be provided in cases that would have already been subject to the usual electronic recording and where the requesting party has been found indigent (i.e. juvenile cases). However, Superior Court would always take priority. If there are no official reporters available, the State will not hire Contractors to record proceedings in District Court. In this circumstance, either the proceeding would have to be recorded by the clerk in the usual manner or the parties themselves would bear the entire cost of a reporter's services.
B.
Video Recording in Superior Court Video recording systems are currently in use in a handful of courtrooms around the State. Where the video system is used, the recording is the official record of the proceeding. The video system ordinarily has multiple audio tracks. Therefore, in order to produce an accurate transcript of a video proceeding, it is necessary for the transcriptionist to have equipment that will allow him or her to listen separately to both tracks.
C.
Eligibility to Transcribe Electronic Recordings Because the audio recording of the proceedings is the official record in district court and certain sessions of superior court, the parties will need to arrange with a person or firm to transcribe the recording if there is an appeal. To ensure compliance with transcript production policies, the Administrative Office of the Courts (AOC) maintains a list of persons authorized to transcribe recordings in district and/or superior court. Unless waived by agreement of all parties to a matter, transcripts of electronic recordings must be produced by a person authorized by AOC and appearing on this list. Please note that the list will be alphabetized and explain that the AOC neither endorses nor recommends any of the persons or firms on the list. The AOC updates and distributes this list to the clerks' offices and district court judges' offices annually. In order to assure that all AOC-authorized transcriptionists understand and stay current with policies and procedures for

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transcript production, any person wishing to appear on this list must request in writing that he or she be added to the list, designating whether they wish to transcribe from audio or video recordings or both, and attend the annual training meetings conducted by the Court Reporting Manager. In a limited number of circumstances, in the discretion of the Court Reporting Manager, attendance at an annual training meeting may be waived. Unless attendance has been waiving, transcriptionists failing to attend an annual meeting will be removed from the list. Because they would attend the regular AOC Court Reporting Conferences, Official Court Reporters are not required to attend these meetings. D. Obtaining District/Superior Court Recordings for Purposes of Transcription Pursuant to the Rules of Recordkeeping promulgated by the AOC, the Office of the Clerk of Superior Court bears the responsibility for operating the audio recording system in the courtroom, maintaining a log of the proceedings recorded on each tape, and storing the recordings at the conclusion of the proceedings. Accordingly, any person needing to transcribe a court proceeding should request a duplicate tape of the proceeding from the clerk's office as well as a photocopy of the log. The person making the request must either provide a blank disc for the clerk to use in making a copy or must pay the clerk for the cost of disc and the fee for photocopying the log form. In making this request for an audio recording of district court, the person ordinarily should complete and submit to the clerk form AOC-G-114 ("Request for Duplicate Copy of Verbatim Audio Court Record"). If, however, the proceeding is confidential, the requesting party should complete and submit to the clerk form AOC-G-115 ("Request and Order for Authorizing Transcript of Confidential Proceeding"). Without an order from the court directing the clerk to duplicate the recording and specifying the person entitled to receive the duplicate recording, the clerk's office will not duplicate the recording of a confidential proceeding. Additionally, the clerk's office will not provide the original of any recording to a requesting party. The clerk's office will only provide a duplicate. E. Transcript Production All polices for transcript production have been outlined previously in the Transcript Production Section of this Handbook. F. Equipment and Supplies The AOC does not provide equipment or supplies to transcriptionists. Additionally, private transcriptionists should not use the transcribing equipment in the clerk's office.
Appendix A: Forms Reimbursement of Travel and Other Expenses Court Reporter Statement for Transcripts Reimbursement of Authorized Purchases (Equipment Repair/Overhaul) Court Reporters Monthly Report Stock Supply Request Statement for Contractual Court Reporter Services Transcript of Plea Appellate Entries Request for Duplicate Copy of Verbatim Court Record Request and Order Authorizing Transcript of Confidential Proceeding
Appendix B North Carolina General Statutes North Carolina Rules of Appellate Procedure
Article 11. Special Regulations. 7A-95. Reporting of trials. (a)Court reporting personnel shall be utilized if available, for the reporting of trials in the superior court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon the request of the senior regular resident superior court judge. (b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose. (c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some person designated by the clerk to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs or other records are the property of the State, and the clerk shall keep them in his custody. (d) Reporting of any trial may be waived by consent of the parties. (e) Appointment of a reporter or reporters for superior court proceedings in each district or set of districts as defined in G.S. 7A-41.1(a) shall be made by the senior regular resident superior court judge of that district or set of districts. The compensation and allowances of reporters in each such district or set of districts shall be fixed by the senior regular resident superior court judge, within limits determined by the Administrative Officer of the Courts, and paid by the State. (f) Repealed by Sessions Laws 1971, c. 377, s. 32. (1965, c. 310, s. 1; 1969, c. 1190, s. 7; 1971, c. 377, s. 32; 1987, c. 384, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 14.)
7A-109. Record-keeping procedures. (a)Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of the Courts. Except as prohibited by law, these records shall be open to the inspection of the public during regular office hours, and shall include civil actions, special proceedings, estates, criminal actions, juvenile actions, minutes of the court, judgments, liens, lis pendens, and all other records required by law to be maintained. The rules prescribed by the Director shall be designed to accomplish the following purposes: (1) To provide an accurate record of every determinative legal action, proceeding, or event which may affect the person or property of any individual, firm, corporation, or association; (2) To provide a record during the pendency of a case that allows for the efficient handling of the matter by the court from its initiation to conclusion and also affords information as to the progress of the case; (3) To provide security against the loss or destruction of original documents during their useful life and a permanent record for historical uses; (4) To provide a system of indexing that will afford adequate access to all records maintained by the clerk; (5) To provide, to the extent possible, for the maintenance of records affecting the same action or proceeding in one rather than several units; and (6) To provide a reservoir of information useful to those interested in measuring the effectiveness of the laws and the efficiency of the courts in administering them. (b) The rules shall provide for indexing according to the minimum criteria set out below: (1) Civil actions. - the names of all parties; (2) Special proceedings. - the names of all parties; (3) Administration of estates. - the name of the estate and in the case of testacy the name of each devisee; (4) Criminal actions. - the names of all defendants;
(5) Juvenile actions. - the names of all juveniles; (6) Judgments, liens, lis pendens, etc. - the names of all parties against whom a lien has been created by the docketing of a judgment, notice of lien, transcript, certificate, or similar document and the names of all parties in those cases in which a notice of lis pendens has been filed with the clerk and abstracted on the judgment docket. (c) The rules shall require that all documents received for docketing shall be immediately indexed either on a permanent or temporary index. The rules may prescribe any technological process deemed appropriate for the economical and efficient indexing, storage and retrieval of information. (d) In order to facilitate public access to court records, except where public access is prohibited by law, the Director may enter into one or more nonexclusive contracts under reasonable cost recovery terms with third parties to provide remote electronic access to the records by the public. Costs recovered pursuant to this subsection shall be remitted to the State Treasurer to be held in the Court Information Technology Fund established in G.S. 7A-343.2. (e) If any contracts entered into under G.S. 7A-109(d) [subsection (d) of this section] are in effect during any calendar year, the Director of the Administrative Office of the Courts shall submit to the Joint Legislative Commission on Governmental Operations not later than February 1 of the following year a report on all those contracts. (Code, ss. 83, 95, 96, 97, 112, 1789; 1887, c. 178, s. 2; 1889, c. 181, s. 4; 1893, c. 52; 1899, c. 1, s. 17; cc. 82, 110; 1901, c. 2, s. 9; c. 89, s. 13; c. 550, s. 3; 1903, c. 51; c. 359, s. 6; 1905, c. 360, s. 2; Rev., s. 915; 1919, c. 78, s. 7; c. 152; c. 197, s. 4; c. 314; C.S., s. 952; 1937, c. 93; 1953, c. 259; c. 973, s. 3; 1959, c. 1073, s. 3; c. 1163, s. 3; 1961, c. 341, ss. 3, 4; c. 960; 1965, c. 489; 1967, c. 691, s. 39; c. 823, s. 2; 1971, c. 192; c. 363, s. 6; 1997-199, ss. 1, 2; 1999-237, s. 17.15(c).)
7A-146. Administrative authority and duties of chief district judge. The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the operation of the district courts and magistrates in his district. These powers and duties include, but are not limited to, the following: (1) Arranging schedules and assigning district judges for sessions of district courts; (2) Arranging or supervising the calendaring of noncriminal matters for trial or hearing; (3) Supervising the clerk of superior court in the discharge of the clerical functions of the district court; (4) Assigning matters to magistrates, and consistent with the salaries set by the Administrative Officer of the Courts, prescribing times and places at which magistrates shall be available for the performance of their duties; however, the chief district judge may in writing delegate his authority to prescribe times and places at which magistrates in a particular county shall be available for the performance of their duties to another district court judge or the clerk of the superior court, and the person to whom such authority is delegated shall make monthly reports to the chief district judge of the times and places actually served by each magistrate; and (5) Making arrangements with proper authorities for the drawing of civil court jury panels and determining which sessions of district court shall be jury sessions; (6) Arranging for the reporting of civil cases by court reporters or other authorized means; (7) Arranging sessions, to the extent practicable for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges;
(8) Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(b), effective July 15, 1992. (9) Assigning magistrates during an emergency to temporary duty outside the county of their residence but within that district; and, upon the request of a chief district judge of an adjoining district and upon the approval of the Administrative Officer of the Courts, to temporary duty in the district of the requesting chief district judge; and (10) Designating another district judge of his district as acting chief district judge, to act during the absence or disability of the chief district judge. (1965, c. 310, s. 1; 1971, c. 377, s. 8; 1977, c. 945, s. 1; 1983, c. 586, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 85; 1985, c. 425, s. 2; c. 764, s. 8; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991 (Reg. Sess., 1992), c. 900, s. 118(b).)
7A-198. Reporting of civil trials. (a)Court-reporting personnel shall be utilized, if available, for the reporting of civil trials in the district court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon request of the chief district judge. (b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose. (c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some other person designated by him to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs, or other records are the property of the State, and the clerk shall keep them in his custody. (d) Reporting of any trial may be waived by consent of the parties. (e) Reporting will not be provided in trials before magistrates or in hearings to adjudicate and dispose of infractions in the district court. (f) Appointment of a reporter or reporters for district court proceedings in each district court district shall be made by the chief district judge for that district. The compensation and allowances of reporters in each district shall be fixed by the chief district judge, within limits determined by the Administrative Officer of the Courts, and paid by the State. (g) A party to a civil trial in district court may request a private agreement from the opposing party or parties to share equally in the cost of a court reporter to be selected from a list provided by the Administrative Office of the Courts. If the opposing party does not consent to share this cost, the requesting party may nevertheless pay to have a court reporter present to record the trial and, in the event that the opposing party appeals the case, that party shall reimburse the party
providing the court reporter in full for the costs incurred for the court reporter's services and transcripts. In the event that the recording device in a civil trial conducted without a court reporter fails for any reason to provide a reasonably accurate record of the trial for purposes of appeal, then the trial judge shall grant a motion for a new trial made by a losing party whose request pursuant to this section to share the cost of a court reporter was not consented to by the opposing party. (1965, c. 310, s. 1; 1969, c. 1190, s. 18; 1985, c. 764, s. 13; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 384, s. 2; 1987 (Reg. Sess., 1988), c. 1037, s. 19; 1996, 2nd Ex. Sess., c. 18, s. 22.11.)
7A-300. Expenses paid from State funds. (a)The operating expenses of the Judicial Department shall be paid from State funds, out of appropriations for this purpose made by the General Assembly, or from funds provided by local governments pursuant to G.S. 153A-212.1 and G.S. 160A-289.1. The Administrative Office of the Courts shall prepare budget estimates to cover these expenses, including therein the following items and such other items as are deemed necessary for the proper functioning of the Judicial Department: (1) Salaries, departmental expense, printing and other costs of the appellate division; (2) Salaries and expenses of superior court judges, district attorneys, assistant district attorneys, public defenders, and assistant public defenders, and fees and expenses of counsel assigned to represent indigents under the provisions of Subchapter IX of this Chapter; (3) Salaries, travel expenses, departmental expense, printing and other costs of the Administrative Office of the Courts; (4) Salaries and travel expenses of district judges, magistrates, and family court counselors; (5) Salaries and travel expenses of clerks of superior court, their assistants, deputies, and other employees, and the expenses of their offices, including supplies and materials, postage, telephone and telegraph, bonds and insurance, equipment, and other necessary items; (6) Fees and travel expenses of jurors, and of witnesses required to be paid by the State; (7) Compensation and allowances of court reporters; (8) Briefs for counsel and transcripts and other records for adequate appellate review when an appeal is taken by an indigent person; (9) Transcripts of preliminary hearings in indigency cases and, in cases in which the defendant pays for a transcript of the preliminary hearing, a copy for the district attorney; (10) Transcript of the evidence and trial court charge furnished the district attorney when a criminal action is appealed to the appellate division;
(11) All other expenses arising out of the operations of the Judicial Department which by law are made the responsibility of the State; and (12) Operating expenses of the Judicial Council and the Judicial Standards Commission. (b) Repealed by Session Laws 1971, c. 377, s. 32. (1965, c. 310, s. 1; 1967, c. 108, s. 9; c. 1049, s. 5; 1969, c. 1013, s. 2; 1971, c. 377, ss. 18, 21; 1973, c. 47, s. 2; c. 503, ss. 10, 11; 2000-67, s. 15.4(c).)
15A-1026. Record of proceedings. A verbatim record of the proceedings at which the defendant enters a plea of guilty or no contest and of any preliminary consideration of a plea arrangement by the judge pursuant to G.S. 15A- 1021(c) must be made and preserved. This record must include the judge's advice to the defendant, and his inquiries of the defendant, defense counsel, and the prosecutor, and any responses. If the plea arrangement has been reduced to writing, it must be made a part of the record; otherwise the judge must require that the terms of the arrangement be stated for the record and that the assent of the defendant, his counsel, and the prosecutor be recorded. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1975, 2nd Sess., c. 983, s. 144.)
15A-1241. Record of proceedings. (a)The trial judge must require that the reporter make a true, complete, and accurate record of all statements from the bench and all other proceedings except: (1) Selection of the jury in noncapital cases; (2) Opening statements and final arguments of counsel to the jury; and (3) Arguments of counsel on questions of law. (b) Upon motion of any party or on the judge's own motion, proceedings excepted under subdivisions (1) and (2) of subsection (a) must be recorded. The motion for recordation of jury arguments must be made before the commencement of any argument and if one argument is recorded all must be. Upon suggestion of improper argument, when no recordation has been requested or ordered, the judge in his discretion may require the remainder to be recorded. (c) When a party makes an objection to unrecorded statements or other conduct in the presence of the jury, upon motion of either party the judge must reconstruct for the record, as accurately as possible, the matter to which objection was made. (d) The trial judge may review the accuracy of the reporter's record of the proceedings, but may not make substantive changes in the transcript concerning his charge, rulings, and comments without notice to the State, the defense, and the reporter. When any correction of a transcript is ordered made by a judge, each
party is entitled to receive, upon request, a copy of the transcript indicating the text as submitted by the reporter and as changed by the judge. Upon motion of any party, the judge must afford the parties a hearing upon any change ordered by the judge. (1977, c. 711, s. 1.)
NORTH CAROLINA RULES OF APPELLATE PROCEDURE

Adopted 13 June 1975, with amendments received through 2 July 2009.
These rules are promulgated by the Court under the rule-making authority conferred by Article IV, Section 13(2) of the Constitution of North Carolina. They shall be effective with respect to all appeals taken from the courts of the trial division to the courts of the appellate division; in appeals in civil and criminal cases from the Court of Appeals to the Supreme Court; in direct appeals from administrative agencies, boards, and commissions to the appellate division; and in applications to the courts of the appellate division for writs and other relief which the courts or judges thereof are empowered to give. As to such appeals, these rules supersede the North Carolina Rules of Appellate Procedure, 287 N.C. 672 (1975), as amended. These rules shall be effective on the 1st day of October, 2009, and shall apply to all cases appealed on or after that date. Appendixes, as revised, are published with the rules for their possible helpfulness to the profession. Although authorized to be published for this purpose, they are not an authoritative source on parity with the rules. Article I Applicability of Rules Rule 1. Title; Scope of Rules; Trial Tribunal Defined (a) Title. (b) Scope of Rules. (c) Rules Do Not Affect Jurisdiction. (d) Definition of Trial Tribunal. Rule 2. Suspension of Rules Article II Appeals from Judgments and Orders of Superior Courts and District Courts Rule 3. Appeal in Civil Cases - How and When Taken (a) Filing the Notice of Appeal. (b) Special Provisions. (c) Time for Taking Appeal. (d) Content of Notice of Appeal. (e) Service of Notice of Appeal. Rule 3.1. Appeal in Qualifying Juvenile Cases - How and When Taken; Special Rules (a) Filing the Notice of Appeal. (b) Protecting the Identity of Juveniles. (c) Expediting Filings. (1) Transcripts. (2) Record on Appeal. (3) Briefs. (d) No-Merit Briefs. (e) Calendaring Priority. Rule 4. Appeal in Criminal Cases - How and When Taken (a) Manner and Time. (b) Content of Notice of Appeal. (c) Service of Notice of Appeal. (d) To Which Appellate Court Addressed. (e) Protecting the Identity of Juvenile Victims of Sexual Offenses.
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Rule 5. Joinder of Parties on Appeal (a) Appellants. (b) Appellees. (c) Procedure after Joinder. Rule 6. Security for Costs on Appeal (a) In Regular Course. (b) In Forma Pauperis Appeals. (c) Filed with Record on Appeal. (d) Dismissal for Failure to File or Defect in Security. (e) No Security for Costs in Criminal Appeals. Rule 7. Preparation of the Transcript; Court Reporters Duties (a) Ordering the Transcript. (1) Civil Cases. (2) Criminal Cases. (b) Production and Delivery of Transcript. (1) Production. (2) Delivery. (3) Neutral Transcriptionist. Rule 8. Stay Pending Appeal (a) Stay in Civil Cases. (b) Stay in Criminal Cases. Rule 9. The Record on Appeal (a) Function; Notice in Cases Involving Juveniles; Composition of Record. (1) Composition of the Record in Civil Actions and Special Proceedings. (2) Composition of the Record in Appeals from Superior Court Review of Administrative Boards and Agencies. (3) Composition of the Record in Criminal Actions. (4) Exclusion of Social Security Numbers from Record on Appeal. (b) Form of Record; Amendments. (1) Order of Arrangement. (2) Inclusion of Unnecessary Matter; Penalty. (3) Filing Dates and Signatures on Papers. (4) Pagination; Counsel Identified. (5) Additions and Amendments to Record on Appeal. (c) Presentation of Testimonial Evidence and Other Proceedings. (1) When Testimonial Evidence, Voir Dire, Statements and Events at Evidentiary and NonEvidentiary Hearings, and Other Trial Proceedings Narrated - How Set Out in Record. (2) Designation that Verbatim Transcript of Proceedings in Trial Tribunal Will Be Used. (3) Verbatim Transcript of Proceedings - Settlement, Filing, Copies, Briefs. (4) Presentation of Discovery Materials. (5) Electronic Recordings. (d) Models, Diagrams, and Exhibits of Material. (1) Exhibits. (2) Transmitting Exhibits. (3) Removal of Exhibits from Appellate Court. Rule 10. Preservation of Issues at Trial; Proposed Issues on Appeal (a) Preserving Issues During Trial Proceedings. (1) General. (2) Jury Instructions. (3) Sufficiency of the Evidence.
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(4) Plain Error. Appellants Proposed Issues on Appeal. Appellees Proposed Issues on Appeal as to an Alternative Basis in Law.
(b) (c)
Rule 11. Settling the Record on Appeal (a) By Agreement. (b) By Appellees Approval of Appellants Proposed Record on Appeal. (c) By Agreement, by Operation of Rule, or by Court Order After Appellees Objection or Amendment. (d) Multiple Appellants; Single Record on Appeal. (e) Extensions of Time. Rule 12. Filing the Record; Docketing the Appeal; Copies of the Record (a) Time for Filing Record on Appeal. (b) Docketing the Appeal. (c) Copies of Record on Appeal. Rule 13. Filing and Service of Briefs (a) Time for Filing and Service of Briefs. (1) Cases Other Than Death Penalty Cases. (2) Death Penalty Cases. (b) Copies Reproduced by Clerk. (c) Consequence of Failure to File and Serve Briefs. Article III Review by Supreme Court of Appeals Originally Docketed in Court of Appeals: Appeals of Right; Discretionary Review Rule 14. Appeals of Right from Court of Appeals to Supreme Court under N.C.G.S. 7A-30 (a) Notice of Appeal; Filing and Service. (b) Content of Notice of Appeal. (1) Appeal Based Upon Dissent in Court of Appeals. (2) Appeal Presenting Constitutional Question. (c) Record on Appeal. (1) Composition. (2) Transmission; Docketing; Copies. (d) Briefs. (1) Filing and Service; Copies. (2) Failure to File or Serve. Rule 15. Discretionary Review on Certification by Supreme Court Under N.C.G.S. 7A-31 (a) Petition of Party. (b) Same; Filing and Service. (c) Same; Content. (d) Response. (e) Certification by Supreme Court; How Determined and Ordered. (1) On Petition of a Party. (2) On Initiative of the Court. (3) Orders; Filing and Service. (f) Record on Appeal. (1) Composition. (2) Filing, Copies. (g) Filing and Service of Briefs. (1) Cases Certified Before Determination by Court of Appeals.
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(2) Cases Certified for Review of Court of Appeals Determinations. (3) Copies. (4) Failure to File or Serve. Discretionary Review of Interlocutory Orders. Appellant, Appellee Defined.
(h) (i)
Rule 16. Scope of Review of Decisions of Court of Appeals (a) How Determined. (b) Scope of Review in Appeal Based Solely Upon Dissent. (c) Appellant, Appellee Defined. Rule 17. Appeal Bond in Appeals Under N.C.G.S. 7A-30, 7A-31 (a) Appeal of Right. (b) Discretionary Review of Court of Appeals Determination. (c) Discretionary Review by Supreme Court Before Court of Appeals Determination. (d) Appeals in Forma Pauperis. Article IV Direct Appeals from Administrative Agencies to Appellate Division Rule 18. Taking Appeal; Record on Appeal ) Composition and Settlement (a) General. (b) Time and Method for Taking Appeals. (c) Composition of Record on Appeal. (d) Settling the Record on Appeal. (1) By Agreement. (2) By Appellees Approval of Appellants Proposed Record on Appeal. (3) By Agreement, by Operation of Rule, or by Court Order After Appellees Objection or Amendment. (e) Further Procedures and Additional Materials in the Record on Appeal. (f) Extensions of Time. Rule 19. [Reserved] Rule 20. Miscellaneous Provisions of Law Governing Agency Appeals Article V Extraordinary Writs Rule 21. Certiorari (a) Scope of the Writ. (1) Review of the Judgments and Orders of Trial Tribunals. (2) Review of the Judgments and Orders of the Court of Appeals. (b) Petition for Writ; to Which Appellate Court Addressed. (c) Same; Filing and Service; Content. (d) Response; Determination by Court. (e) Petition for Writ in Postconviction Matters; to Which Appellate Court Addressed. (f) Petition for Writ in Postconviction Matters ) Death Penalty Cases. Rule 22. Mandamus and Prohibition (a) Petition for Writ; to Which Appellate Court Addressed. (b) Same; Filing and Service; Content. (c) Response; Determination by Court. Rule 23. Supersedeas
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(a) Pending Review of Trial Tribunal Judgments and Orders. (1) Application - When Appropriate. (2) Same - How and to Which Appellate Court Made. Pending Review by Supreme Court of Court of Appeals Decisions. Petition; Filing and Service; Content. Response; Determination by Court. Temporary Stay.
(b) (c) (d) (e)
Rule 24. Form of Papers; Copies Article VI General Provisions Rule 25. Penalties for Failure to Comply with Rules (a) Failure of Appellant to Take Timely Action. (b) Sanctions for Failure to Comply with Rules. Rule 26. Filing and Service (a) Filing. (1) Filing by Mail. (2) Filing by Electronic Means. (b) Service of All Papers Required. (c) Manner of Service. (d) Proof of Service. (e) Joint Appellants and Appellees. (f) Numerous Parties to Appeal Proceeding Separately. (g) Documents Filed with Appellate Courts. (1) Form of Papers. (2) Index required. (3) Closing. (4) Protecting the Identity of Certain Juveniles. Rule 27. Computation and Extension of Time (a) Computation of Time. (b) Additional Time After Service by Mail. (c) Extensions of Time; By Which Court Granted. (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: (a) (b) (c) (d) Function and Content Function. Content of Appellants Brief. Content of Appellees Brief; Presentation of Additional Issues. Appendixes to Briefs. (1) When Appendixes to Appellants Brief Are Required. (2) When Appendixes to Appellants Brief Are Not Required. (3) When Appendixes to Appellees Brief Are Required. (4) Format of Appendixes. References in Briefs to the Record. Joinder of Multiple Parties in Briefs. Additional Authorities. Reply Briefs. Amicus Curiae Briefs. Length Limitations Applicable to Briefs Filed in the Court of Appeals.
(e) (f) (g) (h) (i) (j)
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(1) (2) Type. Document.
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. (b) Time Allowed for Argument. (1) In General. (2) Numerous Counsel. (c) Non-Appearance of Parties. (d) Submission on Written Briefs. (e) Unpublished Opinions. (f) Pre-Argument Review; Decision of Appeal Without Oral Argument. Rule 31. Petition for Rehearing (a) Time for Filing; Content. (b) How Addressed; Filed. (c) How Determined. (d) Procedure When Granted. (e) Stay of Execution. (f) Waiver by Appeal from Court of Appeals. (g) No Petition in Criminal Cases. Rule 32. Mandates of the Courts (a) In General. (b) Time of Issuance. Rule 33. Attorneys (a) Appearances. (b) Signatures on Electronically Filed Documents. (c) Agreements. (d) Limited Practice of Out-of-State Attorneys. Rule 33.1. Secure Leave Periods for Attorneys (a) Purpose, Authorization. (b) Length, Number. (c) Designation, Effect. (d) Content of Designation. (e) Where to File Designation. (f) When to File Designation. Rule 34. Frivolous Appeals; Sanctions Rule 35. Costs (a) (b) (c) (d)
To Whom Allowed. Direction as to Costs in Mandate. Costs of Appeal Taxable in Trial Tribunals. Execution to Collect Costs in Appellate Courts.
Rule 36. Trial Judges Authorized to Enter Orders Under These Rules
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(a) When Particular Judge Not Specified by Rule. (1) Superior Court. (2) District Court. Upon Death, Incapacity, or Absence of Particular Judge Authorized.
(b)
Rule 37. Motions in Appellate Courts (a) Time; Content of Motions; Response. (b) Determination. (c) Protecting the Identity of Certain Juveniles. (d) Withdrawal of Appeal in Criminal Cases. (e) Withdrawal of Appeal in Civil Cases. (f) Effect of Withdrawal of Appeal. Rule 38. Substitution of Parties (a) Death of a Party. (b) Substitution for Other Causes. (c) Public Officers; Death or Separation from Office. Rule 39. Duties of Clerks; When Offices Open (a) General Provisions. (b) Records to be Kept. Rule 40. Consolidation of Actions on Appeal Rule 41. Appeal Information Statement Rule 42. [Reserved] Appendixes Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Timetables for Appeals Format and Style Arrangement of Record on Appeal Forms Content of Briefs Fees and Costs
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ARTICLE I APPLICABILITY OF RULES RULE 1 TITLE; SCOPE OF RULES; TRIAL TRIBUNAL DEFINED (a) Title. The title of these rules is North Carolina Rules of Appellate Procedure. They may be so cited either in general references or in reference to particular rules. In reference to particular rules the abbreviated form of citation, N.C. R. App. P. ___, is also appropriate. (b) Scope of Rules. These rules govern procedure in all appeals from the courts of the trial division to the courts of the appellate division; in appeals in civil and criminal cases from the Court of Appeals to the Supreme Court; in direct appeals from administrative agencies, boards, and commissions to the appellate division; and in applications to the courts of the appellate division for writs and other relief which the courts or judges thereof are empowered to give. (c) Rules Do Not Affect Jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the courts of the appellate division as that is established by law. (d) Definition of Trial Tribunal. As used in these rules, the term trial tribunal includes the superior courts, the district courts, and any administrative agencies, boards, or commissions from which appeals lie directly to the appellate division. ADMINISTRATIVE HISTORY Adopted: Amended: Reenacted and Amended: 13 June 1975. 27 November 1984 -- 1(a), (c) -- effective 1 February 1985. 2 July 2009 -- added 1(a) and renumbered remaining subsections -- effective 1 October 2009 and applies to all cases appealed on or after that date. RULE 2 SUSPENSION OF RULES To prevent manifest injustice to a party, or to expedite decision in the public interest, either court of the appellate division may, except as otherwise expressly provided by these rules, suspend or vary the requirements or provisions of any of these rules in a case pending before it upon application of a party or upon its own initiative, and may order proceedings in accordance with its directions. ADMINISTRATIVE HISTORY Adopted: Reenacted: 13 June 1975. 2 July 2009 -- effective 1 October 2009 and applies to all cases appealed on or after that date. ARTICLE II APPEALS FROM JUDGMENTS AND ORDERS OF SUPERIOR COURTS AND DISTRICT COURTS RULE 3 APPEAL IN CIVIL CASES - HOW AND WHEN TAKEN
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(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 appellate rules sections noted: (1) Juvenile matters pursuant to N.C.G.S. 7B-2602; the identity of persons under the age of eighteen at the time of the proceedings in the trial division shall be protected pursuant to Rule 3.1(b). Appeals pursuant to N.C.G.S. 7B-1001 shall be subject to the provisions of Rule 3.1.
(2)
(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 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 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).
(2)
(3)
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 N.C. 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) Rule 26. ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 14 April 1976; 8 December 1988 -- 3(a), (b), (c), (d) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 8 June 1989 -- 3(b) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 28 July 1994 -- 3(c) -- 1 October 1994; 6 March 1997 -- 3(c) -- effective upon adoption 6 March 1997; 18 October 2001 -- 3(c) -- effective 31 October 2001; Service of Notice of Appeal. Service of copies of the notice of appeal may be made as provided in
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1 May 2003 -- 3(b)(1), (2); 6 May 2004 3(b) effective 12 May 2004; 27 April 2006 3(b) effective 1 May 2006 and applies to all cases appealed on or after that date. Reenacted and Amended: 2 July 2009 -- amended 3(b) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 3.1 APPEAL IN QUALIFYING JUVENILE CASES - HOW AND WHEN TAKEN; SPECIAL RULES (a) Filing the Notice of Appeal. Any party entitled by law to appeal from a trial court judgment or order rendered in a case involving termination of parental rights and issues of juvenile dependency or juvenile abuse and/or neglect, appealable pursuant to N.C.G.S. 7B-1001, may take appeal by filing notice of appeal with the clerk of superior court and serving copies thereof upon all other parties in the time and manner set out in Chapter 7B of the General Statutes of North Carolina. Trial counsel or an appellant not represented by counsel shall be responsible for filing and serving the notice of appeal in the time and manner required. If the appellant is represented by counsel, both the trial counsel and appellant must sign the notice of appeal, and the appellant shall cooperate with counsel throughout the appeal. All such appeals shall comply with the provisions set out in subsection (b) of this rule and, except as hereinafter provided by this rule, all other existing Rules of Appellate Procedure shall remain applicable. (b) Protecting the Identity of Juveniles. For appeals filed pursuant to this rule and for extraordinary writs filed in cases to which this rule applies, the identity of involved persons under the age of eighteen at the time of the proceedings in the trial division (covered juveniles) shall be referenced only by the use of initials or pseudonyms in briefs, petitions, and all other filings, and shall be similarly redacted from all documents, exhibits, appendixes, or arguments submitted with such filings. If the parties desire to use pseudonyms, they shall stipulate in the record on appeal to the pseudonym to be used for each covered juvenile. Courts of the appellate division are not bound by the stipulation, and case captions will utilize initials. Further, the addresses and social security numbers of all covered juveniles shall be excluded from all filings and documents, exhibits, appendixes, and arguments. In cases subject to this rule, the first document filed in the appellate courts and the record on appeal shall contain the notice required by Rule 9(a). The substitution and redaction requirements of this rule shall not apply to settled records on appeal; supplements filed pursuant to Rule 11(c); objections, amendments, or proposed alternative records on appeal submitted pursuant to Rule 3.1(c)(2); and any verbatim transcripts submitted pursuant to Rule 9(c). Pleadings and filings not subject to substitution and redaction requirements shall include the following notice on the first page of the document immediately underneath the title and in uppercase typeface: FILED PURSUANT TO RULE [3(b)(1)] [3.1(b)] [4(e)]; SUBJECT TO PUBLIC INSPECTION ONLY BY ORDER OF A COURT OF THE APPELLATE DIVISION. Filings in cases governed by this rule that are not subject to substitution and redaction requirements will not be published on the Courts electronic filing site and will be available to the public only with the permission of a court of the appellate division. In addition, the juveniles address and social security number shall be excluded from all filings, documents, exhibits, or arguments with the exception of sealed verbatim transcripts submitted pursuant to Rule 9(c). (c) Expediting Filings. Appeals filed pursuant to these provisions shall adhere strictly to the expedited procedures set forth below: (1) Transcripts. Within one business day after the notice of appeal has been filed, the clerk of superior court shall notify the court reporting coordinator of the Administrative Office of the Courts of the date the notice of appeal was filed and the names of the parties to the appeal and their respective addresses or addresses of their counsel. Within two business days of
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receipt of such notification, the court reporting coordinator shall assign a transcriptionist to the case. When there is an order establishing the indigency of the appellant, the transcriptionist shall prepare and deliver a transcript of the designated proceedings to the appellant and provide copies to the office of the clerk of the Court of Appeals and to the respective parties to the appeal at the addresses provided within thirty-five days from the date of assignment. When there is no order establishing the indigency of the appellant, the appellant shall have ten days from the date that the transcriptionist is assigned to make written arrangements with the assigned transcriptionist for the production and delivery of the transcript of the designated proceedings. If such written arrangement is made, the transcriptionist shall prepare and deliver a transcript of the designated proceedings to the appellant and provide copies to the office of the clerk of the Court of Appeals and to the respective parties to the appeal at the addresses provided within forty-five days from the date of assignment. The non-indigent appellant shall bear the cost of the appellants copy of the transcript. When there is no order establishing the indigency of the appellee, the appellee shall bear the cost of receiving a copy of the requested transcript. Motions for extensions of time to prepare and deliver transcripts are disfavored and will not be allowed by the Court of Appeals absent extraordinary circumstances. (2) Record on Appeal. Within ten days after receipt of the transcript, the appellant shall prepare and serve upon all other parties a proposed record on appeal constituted in accordance with Rule 9. Trial counsel for the appealing party shall have a duty to assist appellate counsel, if separate counsel is appointed or retained for the appeal, in preparing and serving a proposed record on appeal. Within ten days after service of the proposed record on appeal upon an appellee, the appellee may serve upon all other parties: 1. 2. a notice of approval of the proposed record; specific objections or amendments to the proposed record on appeal, or a proposed alternative record on appeal.
3.
If the parties agree to a settled record on appeal within twenty days after receipt of the transcript, the appellant shall file three legible copies of the settled record on appeal in the office of the clerk of the Court of Appeals within five business days from the date the record was settled. If all appellees fail within the times allowed them either to serve notices of approval or to serve objections, amendments, or proposed alternative records on appeal, the appellants proposed record on appeal shall constitute the settled record on appeal, and the appellant shall file three legible copies thereof in the office of the clerk of the
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Court of Appeals within five business days from the last date upon which any appellee could have served such objections, amendments, or proposed alternative record on appeal. If an appellee timely serves amendments, objections, or a proposed alternative record on appeal and the parties cannot agree to the settled record within thirty days after receipt of the transcript, each party shall file three legible copies of the following documents in the office of the clerk of the Court of Appeals within five business days after the last day upon which the record can be settled by agreement: 1. the appellant shall file his or her proposed record on appeal, and an appellee shall file his or her objections, amendments, or proposed alternative record on appeal.
2.
No counsel who has appeared as trial counsel for any party in the proceeding shall be permitted to withdraw, nor shall such counsel be otherwise relieved of any responsibilities imposed pursuant to this rule, until the record on appeal has been filed in the office of the clerk of the Court of Appeals as provided herein. (3) Briefs. Within thirty days after the record on appeal has been filed with the Court of Appeals, the appellant shall file his or her brief in the office of the clerk of the Court of Appeals and serve copies upon all other parties of record. Within thirty days after the appellants brief has been served on an appellee, the appellee shall file his or her brief in the office of the clerk of the Court of Appeals and serve copies upon all other parties of record. Motions for extensions of time to file briefs will not be allowed absent extraordinary circumstances.
(d) No-Merit Briefs. In an appeal taken pursuant to N.C.G.S. 7B-1001, if, after a conscientious and thorough review of the record on appeal, appellate counsel concludes that the record contains no issue of merit on which to base an argument for relief and that the appeal would be frivolous, counsel may file a no-merit brief. In the brief, counsel shall identify any issues in the record on appeal that might arguably support the appeal and shall state why those issues lack merit or would not alter the ultimate result. Counsel shall provide the appellant with a copy of the no-merit brief, the transcript, the record on appeal, and any Rule 11(c) supplement or exhibits that have been filed with the appellate court. Counsel shall also advise the appellant in writing that the appellant has the option of filing a pro se brief within thirty days of the date of the filing of the no-merit brief and shall attach to the brief evidence of compliance with this subsection. (e) Calendaring Priority. Appeals filed pursuant to this rule will be given priority over other cases being considered by the Court of Appeals and will be calendared in accordance with a schedule promulgated by the Chief Judge. Unless otherwise ordered by the Court of Appeals, cases subject to the expedited procedures set forth in this rule shall be disposed of on the record and briefs and without oral argument. ADMINISTRATIVE HISTORY Adopted: 28 April 2006 effective 1 May 2006 and applies to all cases appealed on or after that date. Amended: 11 June 2008 3A(b)(1) effective 1 December 2008; Recodified former Rule 3A as Rule 3.1 and

Reenacted Rule 3.1 as amended: 2 July 2009 -- rewrote 3.1(b); renumbered subsections (c) & (e); amended 3.1(c)(1) & (2); added 3.1(d) -- effective 1 October 2009 and applies to all cases appealed on or after that date. RULE 4 APPEAL IN CRIMINAL CASES - HOW AND WHEN TAKEN
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(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) (2) giving oral notice of appeal at trial, or 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) 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. (e) Protecting the Identity of Juvenile Victims of Sexual Offenses. For appeals filed pursuant to this rule and for extraordinary writs filed in cases to which this rule applies, the identities of all victims of sexual offenses the trial court record shows were under the age of eighteen when the trial division proceedings occurred, including documents or other materials concerning delinquency proceedings in district court, shall be protected pursuant to Rule 3.1(b). ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 4 October 1978 -- 4(a)(2) -- effective 1 January 1979; 13 July 1982 -- 4(d); 3 September 1987 -- 4(d) -- effective for all judgments of the superior court entered on or after 24 July 1987; 8 December 1988 -- 4(a) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 8 June 1989 -- 4(a) -- 8 December 1988 amendment rescinded prior to effective date; 18 October 2001 -- 4(a)(2), (d) (subsection (d) amended to conform with N.C.G.S. 7A27) -- effective 31 October 2001; 1 May 2003 -- 4(a)(2). 2 July 2009 -- added 4(e) -- effective 1 October 2009 and applies to all cases appealed on or after that date. Service of Notice of Appeal. Service of copies of the notice of appeal may be made as provided in
Reenacted and Amended:
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RULE 5 JOINDER OF PARTIES ON APPEAL (a) Appellants. If two or more parties are entitled to appeal from a judgment, order, or other determination and their interests are such as to make their joinder in appeal practicable, they may file and serve a joint notice of appeal in accordance with Rules 3 and 4; or they may join in appeal after timely taking of separate appeals by filing notice of joinder in the office of the clerk of superior court and serving copies thereof upon all other parties, or in a criminal case they may give a joint oral notice of appeal. (b) Appellees. Two or more appellees whose interests are such as to make their joinder on appeal practicable may, by filing notice of joinder in the office of the clerk of superior court and serving copies thereof upon all other parties, so join. (c) Procedure after Joinder. After joinder, the parties proceed as a single appellant or appellee. Filing and service of papers by and upon joint appellants or appellees is as provided by Rule 26(e). ADMINISTRATIVE HISTORY Adopted: Reenacted and Amended: 13 June 1975. 2 July 2009 -- amended 5(a) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 6 SECURITY FOR COSTS ON APPEAL (a) In Regular Course. Except in pauper appeals, an appellant in a civil action must provide adequate security for the costs of appeal in accordance with the provisions of N.C.G.S. 1-285 and -286. (b) In Forma Pauperis Appeals. A party in a civil action may be allowed to prosecute an appeal in forma pauperis without providing security for costs in accordance with the provisions of N.C.G.S. 1-288. (c) Filed with Record on Appeal. When security for costs is required, the appellant shall file with the record on appeal a certified copy of the appeal bond or a cash deposit made in lieu of bond. (d) Dismissal for Failure to File or Defect in Security. For failure of the appellant to provide security as required by subsection (a) or to file evidence thereof as required by subsection (c), or for a substantial defect or irregularity in any security provided, the appeal may on motion of an appellee be dismissed by the appellate court where docketed, unless for good cause shown the court permits the security to be provided or the filing to be made out of time, or the defect or irregularity to be corrected. A motion to dismiss on these grounds shall be made and determined in accordance with Rule 37. When the motion to dismiss is made on the grounds of a defect or irregularity, the appellant may as a matter of right correct the defect or irregularity by filing a proper bond or making proper deposit with the clerk of the appellate court within ten days after service of the motion upon appellant or before the case is called for argument, whichever first occurs. (e) No Security for Costs in Criminal Appeals. Pursuant to N.C.G.S. 15A-1449, no security for costs is required upon appeal of criminal cases to the appellate division.
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ADMINISTRATIVE HISTORY Adopted: Amended: Reenacted and Amended: 13 June 1975. 27 November 1984 -- 6(e) -- effective 1 February 1985; 26 July 1990 -- 6(c) -- effective 1 October 1990. 2 July 2009 -- amended 6(b) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 7 PREPARATION OF THE TRANSCRIPT; COURT REPORTERS DUTIES (a) Ordering the Transcript. (1) Civil Cases. Within fourteen days after filing the notice of appeal the appellant shall contract for the transcription of the proceedings or of such parts of the proceedings not already on file, as the appellant deems necessary, in accordance with these rules, and shall provide the following information in writing: a designation of the parts of the proceedings to be transcribed; the name and address of the court reporter or other neutral person designated to prepare the transcript; and, where portions of the proceedings have been designated to be transcribed, a statement of the issues the appellant intends to raise on appeal. The appellant shall file the written documentation of this transcript contract with the clerk of the trial tribunal, and serve a copy of it upon all other parties of record and upon the person designated to prepare the transcript. If the appellant intends to urge on appeal that a finding or conclusion of the trial court is unsupported by the evidence or is contrary to the evidence, the appellant shall cite in the record on appeal the volume number, page number, and line number of all evidence relevant to such finding or conclusion. If an appellee deems a transcript of other parts of the proceedings to be necessary, the appellee, within fourteen days after the service of the written documentation of the appellant, shall contract for the transcription of any additional parts of the proceedings or such parts of the proceedings not already on file, in accordance with these rules. The appellee shall file with the clerk of the trial tribunal, and serve on all other parties of record, written documentation of the additional parts of the proceedings to be transcribed and the name and address of the court reporter or other neutral person designated to prepare the transcript. In civil cases and special proceedings where there is an order establishing the indigency of a party entitled to appointed appellate counsel, the ordering of the transcript shall be as in criminal cases where there is an order establishing the indigency of the defendant as set forth in Rule 7(a)(2). (2) Criminal Cases. In criminal cases where there is no order establishing the indigency of the defendant for the appeal, the defendant shall contract for the transcription of the proceedings as in civil cases. When there is an order establishing the indigency of the defendant, unless the trial judges appeal entries specify or the parties stipulate that parts of the proceedings need not be transcribed, the clerk of the trial tribunal shall order a transcript of the proceedings by serving the following documents upon either the court reporter(s) or neutral person designated to prepare the transcript: a copy of the appeal entries signed by the judge; a copy of the trial courts order establishing indigency for the appeal; and a statement setting out the name, address, telephone number and e-mail address of appellants counsel. The clerk shall make an entry of record reflecting the date these documents were served upon the court reporter(s) or transcriptionist.

(b) Production and Delivery of Transcript. (1)
Page 9
Production. In civil cases: from the date the requesting party serves the written documentation of the transcript contract on the person designated to prepare the transcript, that person shall have sixty days to prepare and electronically deliver the transcript. In criminal cases where there is no order establishing the indigency of the defendant for the appeal: from the date the requesting party serves the written documentation of the transcript contract upon the person designated to prepare the transcript, that person shall have sixty days to produce and electronically deliver the transcript in non-capital cases and one hundred twenty days to produce and electronically deliver the transcript in capitally tried cases. In criminal cases where there is an order establishing the indigency of the defendant for the appeal: from the date listed on the appeal entries as the Date order delivered to transcriptionist, that person shall have sixty-five days to produce and electronically deliver the transcript in non-capital cases and one hundred twenty-five days to produce and electronically deliver the transcript in capitally tried cases. The transcript format shall comply with Appendix B of these rules. Except in capitally tried criminal cases which result in the imposition of a sentence of death, the trial tribunal, in its discretion and for good cause shown by the appellant, may extend the time to produce the transcript for an additional thirty days. Any subsequent motions for additional time required to produce the transcript may only be made to the appellate court to which appeal has been taken. All motions for extension of time to produce the transcript in capitally tried cases resulting in the imposition of a sentence of death shall be made directly to the Supreme Court by the appellant.
(2)
Delivery. The court reporter, or person designated to prepare the transcript, shall electronically deliver the completed transcript, with accompanying PDF disk to the parties including the district attorney and Attorney General of North Carolina in criminal cases, as ordered, within the time provided by this rule, unless an extension of time has been granted under Rule 7(b)(1) or Rule 27(c). The court reporter or transcriptionist shall certify to the clerk of the trial tribunal that the transcript has been so delivered and shall send a copy of such certification to the appellate court to which the appeal is taken. The appellant shall promptly notify the court reporter when the record on appeal has been filed. Once the court reporter, or person designated to prepare the transcript, has been notified by the appellant that the record on appeal has been filed with the appellate court to which the appeal has been taken, the court reporter must electronically file the transcript with that court using the docket number assigned by that court. Neutral Transcriptionist. The neutral person designated to prepare the transcript shall not be a relative or employee or attorney or counsel of any of the parties, or a relative or employee of such attorney or counsel, or be financially interested in the action unless the parties agree otherwise by stipulation. ADMINISTRATIVE HISTORY
(3)
Adopted: REPEALED: Re-adopted: Amended:
13 June 1975. 1 July 1978. (See note following Rule 17.) 8 December 1988 -- effective for all judgments of the trial tribunal entered on or after 1 July 1989. 8 June 1989 -- effective for all judgments of the trial tribunal entered on or after 1 July 1989;
Page 10
26 July 1990 -- 7(a)(1), (a)(2), and (b)(1) -- effective 1 October 1990; 21 November 1997 -- effective 1 February 1998; 8 April 1999 -- 7(b)(1), para. 5; 18 October 2001-- 7(b)(1), para. 4 -- effective 31 October 2001; 15 August 2002 -- 7(a)(1), para. 2; 25 January 2007 7(b)(1), paras. 3, 5; 7(b)(2) effective 1 March 2007 and applies to all cases appealed on or after that date. Reenacted and Amended: 2 July 2009 -- amended 7(a)(1) & (2), 7(b)(1) & (2) -- effective 1 October 2009 and applies to all cases appealed on or after that date. RULE 8 STAY PENDING APPEAL (a) Stay in Civil Cases. When appeal is taken in a civil action from a judgment, order, or other determination of a trial court, stay of execution or enforcement thereof pending disposition of the appeal must ordinarily first be sought by the deposit of security with the clerk of the superior court in those cases for which provision is made by law for the entry of stays upon deposit of adequate security, or by application to the trial court for a stay order in all other cases. After a stay order or entry has been denied or vacated by a trial court, an appellant may apply to the appropriate appellate court for a temporary stay and a writ of supersedeas in accordance with Rule 23. In any appeal which is allowed by law to be taken from an agency to the appellate division, application for the temporary stay and writ of supersedeas may be made to the appellate court in the first instance. Application for the temporary stay and writ of supersedeas may similarly be made to the appellate court in the first instance when extraordinary circumstances make it impracticable to obtain a stay by deposit of security or by application to the trial court for a stay order. (b) Stay in Criminal Cases. When a defendant has given notice of appeal, those portions of criminal sentences which impose fines or costs are automatically stayed pursuant to the provisions of N.C.G.S. 15A-1451. Stays of imprisonment or of the execution of death sentences must be pursued under N.C.G.S. 15A-536 or Rule 23. ADMINISTRATIVE HISTORY Adopted: Amended: Reenacted and Amended: 13 June 1975. 27 November 1984 -- 8(b) -- effective 1 February 1985; 6 March 1997 -- 8(a) -- effective 1 July 1997. 2 July 2009 -- amended 8(a) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 9 THE RECORD ON APPEAL (a) Function; Notice in Cases Involving Juveniles; Composition of Record. In appeals from the trial division of the General Court of Justice, review is solely upon the record on appeal, the verbatim transcript of proceedings, if one is designated, and any other items filed pursuant to this Rule 9. Parties may cite any of these items in their briefs and arguments before the appellate courts. All filings involving juveniles covered by Rules 3(b)(1), 3.1(b), or 4(e) shall include the following notice in uppercase typeface: FILED PURSUANT TO RULE [3(b)(1)] [3.1(b)] [4(e)]; SUBJECT TO PUBLIC INSPECTION ONLY BY ORDER OF A COURT OF THE APPELLATE DIVISION.

(1)
Page 11
Composition of the Record in Civil Actions and Special Proceedings. The record on appeal in civil actions and special proceedings shall contain: a. an index of the contents of the record, which shall appear as the first page thereof; a statement identifying the judge from whose judgment or order appeal is taken, the session at which the judgment or order was rendered, or if rendered out of session, the time and place of rendition, and the party appealing; a copy of the summons with return, or of other papers showing jurisdiction of the trial court over person or property, or a statement showing same; copies of the pleadings, and of any pretrial order on which the case or any part thereof was tried; so much of the litigation, set out in the form provided in Rule 9(c)(l), as is necessary for an understanding of all issues presented on appeal, or a statement specifying that the verbatim transcript of proceedings is being filed with the record pursuant to Rule 9(c)(2), or designating portions of the transcript to be so filed; where an issue presented on appeal relates to the giving or omission of instructions to the jury, a transcript of the entire charge given; and identification of the omitted instruction by setting out the requested instruction or its substance in the record on appeal immediately following the instruction given; copies of the issues submitted and the verdict, or of the trial courts findings of fact and conclusions of law; a copy of the judgment, order, or other determination from which appeal is taken; a copy of the notice of appeal, of all orders establishing time limits relative to the perfecting of the appeal, of any order finding a party to the appeal to be a civil pauper, and of any agreement, notice of approval, or order settling the record on appeal and settling the verbatim transcript of proceedings if one is filed pursuant to Rule 9(c)(2) and (c)(3); copies of all other papers filed and statements of all other proceedings had in the trial court which are necessary to an understanding of all issues presented on appeal unless they appear in the verbatim transcript of proceedings which is being filed with the record pursuant to Rule 9(c)(2); proposed issues on appeal set out in the manner provided in Rule 10; a statement, where appropriate, that the record of proceedings was made with an electronic recording device;
b.
c.
d.
e.
f.
g.
h.
i.
j.
k. l.

m.
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a statement, where appropriate, that a supplement compiled pursuant to Rule 11(c) is filed with the record on appeal; and any order (issued prior to the filing of the record on appeal) ruling upon a motion by an attorney who is not licensed to practice law in North Carolina to be admitted pursuant to N.C.G.S. 84-4.1 to appear in the appeal. In the event such a motion is filed prior to the filing of the record but has not yet been ruled upon when the record is filed, the record shall include a statement that such a motion is pending and the date that motion was filed.
n.
(2)
Composition of the Record in Appeals from Superior Court Review of Administrative Boards and Agencies. The record on appeal in cases of appeal from judgments of the superior court rendered upon review of the proceedings of administrative boards or agencies, other than those specified in Rule 18(a), shall contain:
a.
an index of the contents of the record, which shall appear as the first page thereof; a statement identifying the judge from whose judgment or order appeal is taken, the session at which the judgment or order was rendered, or if rendered out of session, the time and place of rendition, and the party appealing; a copy of the summons, notice of hearing, or other papers showing jurisdiction of the board or agency over the persons or property sought to be bound in the proceeding, or a statement showing same; copies of all petitions and other pleadings filed in the superior court; copies of all items properly before the superior court as are necessary for an understanding of all issues presented on appeal; so much of the litigation in the superior court, set out in the form provided in Rule 9(c)(1), as is necessary for an understanding of all issues presented, or a statement specifying that the verbatim transcript of proceedings is being filed with the record pursuant to Rule 9(c)(2), or designating portions of the transcript to be so filed; a copy of any findings of fact and conclusions of law and of the judgment, order, or other determination of the superior court from which appeal is taken; a copy of the notice of appeal from the superior court, of all orders establishing time limits relative to the perfecting of the appeal, of any order finding a party to the appeal to be a civil pauper, and of any agreement, notice of approval, or order settling the record on appeal and settling the verbatim transcript of proceedings, if one is filed pursuant to Rule 9(c)(2) and (c)(3); proposed issues on appeal relating to the actions of the superior court, set out in the manner provided in Rule 10; and
b.
c.
d. e.
f.
g.
h.
i.

j.
Page 13
any order (issued prior to the filing of the record on appeal) ruling upon any motion by an attorney who is not licensed to practice law in North Carolina to be admitted pursuant to N.C.G.S. 84-4.1 to appear in the appeal. In the event such a motion is filed prior to the filing of the record but has not yet been ruled upon when the record is filed, the record shall include a statement that such a motion is pending and the date that motion was filed.
(3)
Composition of the Record in Criminal Actions. The record on appeal in criminal actions shall contain: a. an index of the contents of the record, which shall appear as the first page thereof; a statement identifying the judge from whose judgment or order appeal is taken, the session at which the judgment or order was rendered, or if rendered out of session, the time and place of rendition, and the party appealing; copies of all warrants, informations, presentments, and indictments upon which the case has been tried in any court; copies of docket entries or a statement showing all arraignments and pleas; so much of the litigation, set out in the form provided in Rule 9(c)(l), as is necessary for an understanding of all issues presented on appeal, or a statement specifying that the entire verbatim transcript of the proceedings is being filed with the record pursuant to Rule 9(c)(2), or designating portions of the transcript to be so filed; where an issue presented on appeal relates to the giving or omission of instructions to the jury, a transcript of the entire charge given; and identification of the omitted instruction by setting out the requested instruction or its substance in the record on appeal immediately following the instruction given; copies of the verdict and of the judgment, order, or other determination from which appeal is taken; and in capitally tried cases, a copy of the jury verdict sheet for sentencing, showing the aggravating and mitigating circumstances submitted and found or not found; a copy of the notice of appeal or an appropriate entry or statement showing appeal taken orally; of all orders establishing time limits relative to the perfecting of the appeal; of any order finding defendant indigent for the purposes of the appeal and assigning counsel; and of any agreement, notice of approval, or order settling the record on appeal and settling the verbatim transcript of proceedings, if one is to be filed pursuant to Rule 9(c)(2); copies of all other papers filed and statements of all other proceedings had in the trial courts which are necessary for an understanding of all issues presented on appeal, unless they appear in the verbatim transcript of proceedings which is being filed with the record pursuant to Rule 9(c)(2);
b.
c.
d.
e.
f.
g.
h.
i.

j. k.
Page 14
proposed issues on appeal set out in the manner provided in Rule 10; a statement, where appropriate, that the record of proceedings was made with an electronic recording device; a statement, where appropriate, that a supplement compiled pursuant to Rule 11(c) is filed with the record on appeal; and any order (issued prior to the filing of the record on appeal) ruling upon any motion by an attorney who is not licensed to practice law in North Carolina to be admitted pursuant to N.C.G.S. 84-4.1 to appear in the appeal. In the event such a motion is filed prior to the filing of the record but has not yet been ruled upon when the record is filed, the record shall include a statement that such a motion is pending and the date that motion was filed.
l.
m.
(4)
Exclusion of Social Security Numbers from Record on Appeal. Social security numbers shall be deleted or redacted from any document before including the document in the record on appeal.
(b) Form of Record; Amendments. The record on appeal shall be in the format prescribed by Rule 26(g) and the appendixes to these rules. (1) Order of Arrangement. The items constituting the record on appeal should be arranged, so far as practicable, in the order in which they occurred or were filed in the trial tribunal. (2) Inclusion of Unnecessary Matter; Penalty. It shall be the duty of counsel for all parties to an appeal to avoid including in the record on appeal matter not necessary for an understanding of the issues presented on appeal, such as social security numbers referred to in Rule 9(a)(4). The cost of including such matter may be charged as costs to the party or counsel who caused or permitted its inclusion.
(3)
Filing Dates and Signatures on Papers. Every pleading, motion, affidavit, or other paper included in the record on appeal shall show the date on which it was filed and, if verified, the date of verification and the person who verified. Every judgment, order, or other determination shall show the date on which it was entered. The typed or printed name of the person signing a paper shall be entered immediately below the signature. Pagination; Counsel Identified. The pages of the printed record on appeal shall be numbered consecutively, be referred to as record pages, and be cited as (R p ___). Pages of the Rule 11(c) or Rule 18(d)(3) supplement to the record on appeal shall be numbered consecutively with the pages of the record on appeal, the first page of the record supplement to bear the next consecutive number following the number of the last page of the printed record on appeal. These pages shall be referred to as record supplement pages and be cited as (R S p ___). Pages of the verbatim transcript of proceedings filed under Rule 9(c)(2) shall be referred to as transcript pages and be cited as (T p ___). At the end of the record on appeal shall appear the names, office addresses, telephone numbers, State Bar numbers, and e-mail addresses of counsel of record for all parties to the appeal. Additions and Amendments to Record on Appeal. (a) Additional Materials in the Record on Appeal. If the record on appeal as settled is insufficient to respond to the issues presented in an appellants brief or the issues
(4)
(5)
Page 15
presented in an appellees brief pursuant to Rule 10(c), the responding party may supplement the record on appeal with any items that could otherwise have been included pursuant to this Rule 9. The responding party shall serve a copy of those items on opposing counsel and shall file three copies of the items in a volume captioned Rule 9(b)(5) Supplement to the Printed Record on Appeal. The supplement shall be filed no later than the responsive brief or within the time allowed for filing such a brief if none is filed. (b) Motions Pertaining to Additions to the Record. On motion of any party or on its own initiative, the appellate court may order additional portions of a trial court record or transcript sent up and added to the record on appeal. On motion of any party, the appellate court may order any portion of the record on appeal or transcript amended to correct error shown as to form or content. Prior to the filing of the record on appeal in the appellate court, such motions may be filed by any party in the trial court.
(c) Presentation of Testimonial Evidence and Other Proceedings. Testimonial evidence, voir dire, statements and events at evidentiary and non-evidentiary hearings, and other trial proceedings necessary to be presented for review by the appellate court may be included either in the record on appeal in the form specified in Rule 9(c)(l) or by designating the verbatim transcript of proceedings of the trial tribunal as provided in Rule 9(c)(2) and (c)(3). When an issue presented on appeal relates to the giving or omission of instructions to the jury, a transcript of the entire charge given shall be included in the record on appeal. Verbatim transcripts or narration utilized in a case subject to Rules 3(b)(1), 3.1(b), or 4(e) initiated in the trial division under the provisions of Subchapter I of Chapter 7B of the General Statutes shall be prepared and delivered to the office of the clerk of the appellate court to which the appeal has been taken in the manner specified by said rules. (1) When Testimonial Evidence, Voir Dire, Statements and Events at Evidentiary and NonEvidentiary Hearings, and Other Trial Proceedings Narrated - How Set Out in Record. When an issue is presented on appeal with respect to the admission or exclusion of evidence, the question and answer form shall be utilized in setting out the pertinent questions and answers. Other testimonial evidence, voir dire, statements and events at evidentiary and non-evidentiary hearings, and other trial proceedings required by Rule 9(a) to be included in the record on appeal shall be set out in narrative form except where such form might not fairly reflect the true sense of the evidence received, in which case it may be set out in question and answer form. Parties shall use that form or combination of forms best calculated under the circumstances to present the true sense of the required testimonial evidence concisely and at a minimum of expense to the litigants. Parties may object to particular narration on the basis that it does not accurately reflect the true sense of testimony received, statements made, or events that occurred; or to particular questions and answers on the basis that the testimony might with no substantial loss in accuracy be summarized in narrative form at substantially less expense. When a judge or referee is required to settle the record on appeal under Rule 11(c) and there is dispute as to the form, the judge or referee shall settle the form in the course of settling the record on appeal. Designation that Verbatim Transcript of Proceedings in Trial Tribunal Will Be Used. Appellant may designate in the record on appeal that the testimonial evidence will be presented in the verbatim transcript of the evidence of the trial tribunal in lieu of narrating the evidence and other trial proceedings as permitted by Rule 9(c)(1). When a verbatim transcript of those proceedings has been made, appellant may also designate that the verbatim transcript will be used to present voir dire, statements and events at evidentiary and non-evidentiary hearings, or other trial proceedings when those proceedings are the basis for one or more issues presented on appeal. Any such designation shall refer to the page numbers of the transcript being designated. Appellant need not designate all of the verbatim transcript that has been made, provided that when the verbatim transcript is
(2)
Page 16
designated to show the testimonial evidence, so much of the testimonial evidence must be designated as is necessary for an understanding of all issues presented on appeal. When appellant has narrated the evidence and other trial proceedings under Rule 9(c)(1), the appellee may designate the verbatim transcript as a proposed alternative record on appeal. (3) Verbatim Transcript of Proceedings - Settlement, Filing, Copies, Briefs. Whenever a verbatim transcript is designated to be used pursuant to Rule 9(c)(2): a. it shall be settled, together with the record on appeal, according to the procedures established by Rule 11; appellant shall cause the settled record on appeal and transcript to be filed pursuant to Rule 7 with the clerk of the appellate court in which the appeal has been docketed; in criminal appeals, upon settlement of the record on appeal, the district attorney shall notify the Attorney General of North Carolina that the record on appeal and transcript have been settled; and the briefs of the parties must comport with the requirements of Rule 28 regarding complete statement of the facts of the case and regarding appendixes to the briefs.
b.
c.
d.
(4)
Presentation of Discovery Materials. Discovery materials offered into evidence at trial shall be brought forward, if relevant, as other evidence. In all instances in which discovery materials are considered by the trial tribunal, other than as evidence offered at trial, the following procedures for presenting those materials to the appellate court shall be used: Depositions shall be treated as testimonial evidence and shall be presented by narration or by transcript of the deposition in the manner prescribed by this Rule 9(c). Other discovery materials, including interrogatories and answers, requests for admission, responses to requests, motions to produce, and the like, pertinent to issues presented on appeal, may be set out in the record on appeal or may be sent up as documentary exhibits in accordance with Rule 9(d)(2). Electronic Recordings. When a narrative or transcript has been prepared from an electronic recording, the parties shall not file a copy of the electronic recording with the appellate division except at the direction or with the approval of the appellate court.
(5)
(d)
Models, Diagrams, and Exhibits of Material. (1) Exhibits. Maps, plats, diagrams, and other documentary exhibits filed as portions of or attachments to items required to be included in the record on appeal shall be included as part of such items in the record on appeal. When such exhibits are not necessary to an understanding of the errors assigned, they may by agreement of counsel or by order of the trial court upon motion be excluded from the record on appeal. Social security numbers shall be deleted or redacted from exhibits prior to filing the exhibits in the appellate court. Transmitting Exhibits. Three legible copies of each documentary exhibit offered in evidence and required for understanding issues presented on appeal shall be filed in the appellate court; the original documentary exhibit need not be filed with the appellate court. Removal of Exhibits from Appellate Court. All models, diagrams, and exhibits of material placed in the custody of the clerk of the appellate court must be taken away by the parties within ninety days after the mandate of the Court has issued or the case has
(2)
(3)
Page 17
otherwise been closed by withdrawal, dismissal, or other order of the Court, unless notified otherwise by the clerk. When this is not done, the clerk shall notify counsel to remove the articles forthwith; and if they are not removed within a reasonable time after such notice, the clerk shall destroy them, or make such other disposition of them as to the clerk may seem best. ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 10 June 1981 -- 9(c)(1) -- applicable to all appeals docketed on or after 1 October 1981; 12 January 1982 -- 9(c)(1) -- applicable to all appeals docketed after 15 March 1982; 27 November 1984 -- applicable to all appeals in which the notice of appeal is filed on or after 1 February 1985; 8 December 1988 -- 9(a), (c) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 8 June 1989 -- 9(a) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 26 July 1990 -- 9(a)(3)(h), 9(d)(2) -- effective 1 October 1990; 6 March 1997 -- 9(b)(5) -- effective upon adoption 6 March 1997; 21 November 1997 -- 9(a)(1)(j)-(l), 9(a)(3)(i)-(k), 9(c)(5) -- effective 1 February 1998; 18 October 2001-- 9(d)(2) -- effective 31 October 2001; 6 May 2004 9(a), 9(a)(4), 9(b)(2), 9(b)(6), 9(c), 9(c)(2), 9(c)(3)(c), 9(d)(1), 9(d)(3) effective 12 May 2004; 25 January 2007 added 9(a)(1)(m) & 9(a)(3)(l); amended 9(b)(4) effective 1 March 2007 and applies to all cases appealed on or after that date. 2 July 2009 -- amended and rewrote portions of 9(a), (b), (c), & (d) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 10 PRESERVATION OF ISSUES AT TRIAL; PROPOSED ISSUES ON APPEAL (a) Preserving Issues During Trial Proceedings. (1) General. In order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion, stating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context. It is also necessary for the complaining party to obtain a ruling upon the partys request, objection, or motion. Any such issue that was properly preserved for review by action of counsel taken during the course of proceedings in the trial tribunal by objection noted or which by rule or law was deemed preserved or taken without any such action, including, but not limited to, whether the judgment is supported by the verdict or by the findings of fact and conclusions of law, whether the court had jurisdiction over the subject matter, and whether a criminal charge is sufficient in law, may be made the basis of an issue presented on appeal. Jury Instructions. A party may not make any portion of the jury charge or omission therefrom the basis of an issue presented on appeal unless the party objects thereto before the jury retires to consider its verdict, stating distinctly that to which objection is made and the grounds of the objection; provided that opportunity was given to the party to make the objection out of the hearing of the jury, and, on request of any party, out of the presence of the jury. (3) Sufficiency of the Evidence. In a criminal case, a defendant may not make insufficiency of the evidence to prove the crime charged the basis
(2)
Page 18
of an issue presented on appeal unless a motion to dismiss the action, or for judgment as in case of nonsuit, is made at trial. If a defendant makes such a motion after the State has presented all its evidence and has rested its case and that motion is denied and the defendant then introduces evidence, defendants motion for dismissal or judgment in case of nonsuit made at the close of States evidence is waived. Such a waiver precludes the defendant from urging the denial of such motion as a ground for appeal. A defendant may make a motion to dismiss the action, or for judgment as in case of nonsuit, at the conclusion of all the evidence, irrespective of whether defendant made an earlier such motion. If the motion at the close of all the evidence is denied, the defendant may urge as ground for appeal the denial of the motion made at the conclusion of all the evidence. However, if a defendant fails to move to dismiss the action, or for judgment as in case of nonsuit, at the close of all the evidence, defendant may not challenge on appeal the sufficiency of the evidence to prove the crime charged. If a defendants motion to dismiss the action, or for judgment as in case of nonsuit, is allowed, or shall be sustained on appeal, it shall have the force and effect of a verdict of not guilty as to such defendant. (4) Plain Error. In criminal cases, an issue that was not preserved by objection noted at trial and that is not deemed preserved by rule or law without any such action nevertheless may be made the basis of an issue presented on appeal when the judicial action questioned is specifically and distinctly contended to amount to plain error.
(b) Appellants Proposed Issues on Appeal. Proposed issues that the appellant intends to present on appeal shall be stated without argument at the conclusion of the record on appeal in a numbered list. Proposed issues on appeal are to facilitate the preparation of the record on appeal and shall not limit the scope of the issues presented on appeal in an appellants brief. (c) Appellees Proposed Issues on Appeal as to an Alternative Basis in Law. Without taking an appeal, an appellee may list proposed issues on appeal in the record on appeal based on any action or omission of the trial court that was properly preserved for appellate review and that deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken. An appellees list of proposed issues on appeal shall not preclude an appellee from presenting arguments on other issues in its brief. Portions of the record or transcript of proceedings necessary to an understanding of such proposed issues on appeal as to an alternative basis in law may be included in the record on appeal by agreement of the parties under Rule 11(a), may be included by the appellee in a proposed alternative record on appeal under Rule 11(b), or may be designated for inclusion in the verbatim transcript of proceedings, if one is filed under Rule 9(c)(2). ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 10 June 1981 -- 10(b)(2), applicable to every case the trial of which begins on or after 1 October 1981; 7 July 1983 -- 10(b)(3); 27 November 1984 -- applicable to appeals in which the notice of appeal is filed on or after 1 February 1985; 8 December 1988 -- effective for all judgments of the trial tribunal entered on or after 1 July 1989.
Reenacted and

Amended:
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2 July 2009 -- changed title of rule; deleted former 10(a); renumbered and amended remaining subsections as (a) - (c) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 11 SETTLING THE RECORD ON APPEAL (a) 3.1. Within thirty-five days after the reporter or transcriptionist certifies delivery of the transcript, if such was ordered (seventy days in capitally tried cases), or thirty-five days after appellant files notice of appeal, whichever is later, the parties may by agreement entered in the record on appeal settle a proposed record on appeal prepared by any party in accordance with Rule 9 as the record on appeal. (b) By Appellees Approval of Appellants Proposed Record on Appeal. If the record on appeal is not settled by agreement under Rule 11(a), the appellant shall, within the same times provided, serve upon all other parties a proposed record on appeal constituted in accordance with the provisions of Rule 9. Within thirty days (thirty-five days in capitally tried cases) after service of the proposed record on appeal upon an appellee, that appellee may serve upon all other parties a notice of approval of the proposed record on appeal, or objections, amendments, or a proposed alternative record on appeal in accordance with Rule 11(c). If all appellees within the times allowed them either serve notices of approval or fail to serve either notices of approval or objections, amendments, or proposed alternative records on appeal, appellants proposed record on appeal thereupon constitutes the record on appeal. (c) By Agreement, by Operation of Rule, or by Court Order After Appellees Objection or Amendment. Within thirty days (thirty-five days in capitally tried cases) after service upon appellee of appellants proposed record on appeal, that appellee may serve upon all other parties specific amendments or objections to the proposed record on appeal, or a proposed alternative record on appeal. Amendments or objections to the proposed record on appeal shall be set out in a separate paper and shall specify any item(s) for which an objection is based on the contention that the item was not filed, served, submitted for consideration, admitted, or made the subject of an offer of proof, or that the content of a statement or narration is factually inaccurate. An appellant who objects to an appellees response to the proposed record on appeal shall make the same specification in its request for judicial settlement. The formatting of the proposed record on appeal and the order in which items appear in it are the responsibility of the appellant. If any appellee timely serves amendments, objections, or a proposed alternative record on appeal, the record on appeal shall consist of each item that is either among those items required by Rule 9(a) to be in the record on appeal or that is requested by any party to the appeal and agreed upon for inclusion by all other parties to the appeal. If a party requests that an item be included in the record on appeal but not all other parties to the appeal agree to its inclusion, then that item shall not be included in the printed record on appeal, but shall be filed by the appellant with the printed record on appeal in three copies of a volume captioned Rule 11(c) Supplement to the Printed Record on Appeal, along with any verbatim transcripts, narrations of proceedings, documentary exhibits, and other items that are filed pursuant to Rule 9(c) or 9(d); provided that any item not filed, served, submitted for consideration, or admitted, or for which no offer of proof was tendered, shall not be included. Subject to the additional requirements of Rule 28(d), items in the Rule 11(c) supplement may be cited and used by the parties as would items in the printed record on appeal. If a party does not agree to the wording of a statement or narration required or permitted by these rules, there shall be no judicial settlement to resolve the dispute unless the objection is based on a contention that the statement or narration concerns an item that was not filed, served, submitted for consideration, admitted, or tendered in an offer of proof, or that a statement or narration is factually inaccurate. Instead, the objecting party is permitted to have inserted in the settled record on appeal a concise counter-statement. Parties are strongly encouraged to reach By Agreement. This rule applies to all cases except those subject to expedited schedules in Rule
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agreement on the wording of statements in records on appeal. Judicial settlement is not appropriate for disputes that concern only the formatting of a record on appeal or the order in which items appear in a record on appeal. The Rule 11(c) supplement to the printed record on appeal shall contain an index of the contents of the supplement, which shall appear as the first page thereof. The Rule 11(c) supplement shall be paginated as required by Rule 9(b)(4) and the contents should be arranged, so far as practicable, in the order in which they occurred or were filed in the trial tribunal. If a party does not agree to the inclusion or specification of an exhibit or transcript in the printed record, the printed record shall include a statement that such items are separately filed along with the supplement. If any party to the appeal contends that materials proposed for inclusion in the record or for filing therewith pursuant to Rule 9(c) or 9(d) were not filed, served, submitted for consideration, admitted, or made the subject of an offer of proof, or that a statement or narration permitted by these rules is not factually accurate, then that party, within ten days after expiration of the time within which the appellee last served with the appellants proposed record on appeal might have served amendments, objections, or a proposed alternative record on appeal, may in writing request that the judge from whose judgment, order, or other determination appeal was taken settle the record on appeal. A copy of the request, endorsed with a certificate showing service on the judge, shall be filed forthwith in the office of the clerk of the superior court and served upon all other parties. Each party shall promptly provide to the judge a reference copy of the record items, amendments, or objections served by that party in the case. The functions of the judge in the settlement of the record on appeal are to determine whether a statement permitted by these rules is not factually accurate, to settle narrations of proceedings under Rule 9(c)(1), and to determine whether the record accurately reflects material filed, served, submitted for consideration, admitted, or made the subject of an offer of proof, but not to decide whether material desired in the record by either party is relevant to the issues on appeal, non-duplicative, or otherwise suited for inclusion in the record on appeal. The judge shall send written notice to counsel for all parties setting a place and a time for a hearing to settle the record on appeal. The hearing shall be held not later than fifteen days after service of the request for hearing upon the judge. The judge shall settle the record on appeal by order entered not more than twenty days after service of the request for hearing upon the judge. If requested, the judge shall return the record items submitted for reference during the judicial settlement process with the order settling the record on appeal. If any appellee timely serves amendments, objections, or a proposed alternative record on appeal, and no judicial settlement of the record is timely sought, the record is deemed settled as of the expiration of the ten day period within which any party could have requested judicial settlement of the record on appeal under this Rule 11(c). Provided that, nothing herein shall prevent settlement of the record on appeal by agreement of the parties at any time within the times herein limited for settling the record by judicial order. (d) Multiple Appellants; Single Record on Appeal. When there are multiple appellants (two or more), whether proceeding separately or jointly, as parties aligned in interest, or as cross-appellants, there shall nevertheless be but one record on appeal. The proposed issues on appeal of the several appellants shall be set out separately in the single record on appeal and attributed to the several appellants by any clear means of reference. In the event multiple appellants cannot agree to the procedure for constituting a proposed record on appeal, the judge from whose judgment, order, or other determination the appeals are taken shall, on motion of any appellant with notice to all other appellants, enter an order settling the procedure, including the allocation of costs. (e) Extensions of Time. The times provided in this rule for taking any action may be extended in accordance with the provisions of Rule 27(c).
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ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 27 November 1984 -- 11(a), (c), (e), (f) -- applicable to appeals in which the notice of appeal is filed on or after 1 February 1985. 8 December 1988 -- 11(a), (b), (c), (e), (f) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 26 July 1990 -- 11(b), (c), (d) -- effective 1 October 1990; 6 March 1997 -- 11(c) -- effective upon adoption 6 March 1997; 21 November 1997 -- 11(a) -- effective 1 February 1998; 6 May 2004 11(b), (c), (d) effective 12 May 2004; 25 January 2007 11(c), paras. 1, 2, 5, 6; added paras. 3, 4, 8 effective 1 March 2007 and applies to all cases appealed on or after that date. 2 July 2009 -- amended 11(a) & (d); added 11(e) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
RULE 12 FILING THE RECORD; DOCKETING THE APPEAL; COPIES OF THE RECORD (a) Time for Filing Record on Appeal. Within fifteen days after the record on appeal has been settled by any of the procedures provided in Rule 11 or Rule 18, the appellant shall file the record on appeal with the clerk of the court to which appeal is taken. (b) Docketing the Appeal. At the time of filing the record on appeal, the appellant shall pay to the clerk the docket fee fixed pursuant to N.C.G.S. 7A-20(b), and the clerk shall thereupon enter the appeal upon the docket of the appellate court. If an appellant is authorized to appeal in forma pauperis as provided in N.C.G.S. 1-288 or 7A-450 et seq., the clerk shall docket the appeal upon timely filing of the record on appeal. An appeal is docketed under the title given to the action in the trial division, with the appellant identified as such. The clerk shall forthwith give notice to all parties of the date on which the appeal was docketed in the appellate court. (c) Copies of Record on Appeal. The appellant shall file one copy of the record on appeal, three copies of each exhibit designated pursuant to Rule 9(d), three copies of any supplement to the record on appeal submitted pursuant to Rule 11(c) or Rule 18(d)(3) and shall cause the transcript to be filed electronically pursuant to Rule 7. The clerk will reproduce and distribute copies as directed by the court, billing the parties pursuant to these rules. ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 27 November 1984 -- applicable to appeals in which the notice of appeal is filed on or after 1 February 1985; 8 December 1988 -- 12(a), (c) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 6 March 1997 -- 12(c) -- effective upon adoption 6 March 1997; 1 May 2003 -- 12(c); 25 January 2007 12(a), (c) effective 1 March 2007 and applies to all cases appealed on or after that date. 2 July 2009 -- amended 12(c) -- effective 1 October 2009 and applies to all cases appealed on or after that date.
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27 November 1984 -- 26(a) -- effective for documents filed on and after 1 February 1985; 30 June 1988 -- 26(a), (g) -- effective 1 September 1988; 26 July 1990 -- 26(a) -- effective 1 October 1990; 6 March 1997 -- 26(b), (g) -- effective 1 July 1997; 4 November 1999 -- effective 15 November 1999; 18 October 2001 -- 26(g), para. 1 -- effective 31 October 2001; 15 August 2002 -- 26(a)(1); 3 October 2002 -- 26(g) -- effective 7 October 2002; 1 May 2003 -- 26(a)(1); 6 May 2004 26(g)(4) effective 12 May 2004. Reenacted and Amended: 2 July 2009 -- amended 26(g)(3) & (4) -- effective 1 October 2009 and applies to all cases appealed on or after that date. RULE 27 COMPUTATION AND EXTENSION OF TIME (a) Computation of Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday. (b) Additional Time After Service by Mail. Except as to filing of notice of appeal pursuant to Rule 3(c), 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 and the notice or paper is served 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 shown may upon motion extend any of the times prescribed by these rules or by order of court for doing any act required or allowed under these rules, or may permit an act to be done after the expiration of such time. Courts may not extend the time for taking an appeal or for filing a petition for discretionary review or a petition for rehearing or the responses thereto prescribed by these rules or by law. (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 thirty days the time permitted by Rule 11 or Rule 18 for 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 within the state. Motions made under this Rule 27 to a court of the trial division may be heard and determined by any of those judges of the particular court specified in Rule 36 of these rules. Such motions made to a commission may be heard and determined by the chair of the commission; or if to a commissioner, then by that commissioner. (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 be made only 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 of any order extending time; provided that motions made after the expiration of the time allowed in these rules for
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the action sought to be extended must be in writing and with notice to all other parties and may be allowed only after all other parties have had an opportunity to be heard. ADMINISTRATIVE HISTORY Adopted: Amended: 13 June 1975. 7 March 1978 -- 27(c); 4 October 1978 -- 27(c) -- effective 1 January 1979; 27 November 1984 -- 27(a), (c) -- effective 1 February 1985; 8 December 1988 -- 27(c) -- effective for all judgments of the trial tribunal entered on or after 1 July 1989; 26 July 1990 -- 27(c), (d) -- effective 1 October 1990; 18 October 2001 -- 27(c) -- effective 31 October 2001. 2 July 2009 -- amended 27(b) -- effective 1 October 2009 and applies to all cases appealed on or after that date. RULE 28 BRIEFS: FUNCTION AND CONTENT (a) Function. The function of all briefs required or permitted by these rules is to define clearly the issues presented to the reviewing court and to present the arguments and authorities upon which the parties rely in support of their respective positions thereon. The scope of review on appeal is limited to issues so presented in the several briefs. Issues not presented and discussed in a partys brief are deemed abandoned. Similarly, issues properly presented for review in the Court of Appeals, but not then stated in the notice of appeal or the petition accepted by the Supreme Court for review and discussed in the new briefs required by Rules 14(d)(1) and 15(g)(2) to be filed in the Supreme Court for review by that Court, are deemed abandoned. Parties shall protect the identity of juveniles covered by Rules 3(b)(1), 3.1(b), or 4(e) pursuant to said rules. (b) Content of Appellants Brief. An appellants brief shall contain, under appropriate headings and in the form prescribed by Rule 26(g) and the appendixes to these rules, in the following order: (1) A cover page, followed by a subject index and table of authorities as required by Rule 26(g). A statement of the issues presented for review. The proposed issues on appeal listed in the record on appeal shall not limit the scope of the issues that an appellant may argue in its brief. 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. 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 judgment as to one or more but fewer than all of the claims or parties and that there has been a certification by the trial court that there is no just reason for delay. When an appeal is interlocutory, the statement must contain sufficient facts and argument to support appellate review on the ground that the challenged order affects a substantial right. A full and complete statement of the facts. This should be a non-argumentative summary of all material facts underlying the matter in controversy which are necessary to
(2)
(3)
(4)
(5)
Appendix C: Sample Documents Transcripts Certificate of Transcript Certificate of Delivery Contract Order Verdict Sheets
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION FILE NO. 08-CRS-50792
______________________________ ) STATE OF NORTH CAROLINA ) ) VS. ) ) LARRY BRUNSON, ) Defendant. ) ______________________________)
TRANSCRIPT OF TRIAL
Transcript of trial in the General Court of Justice, Superior Court Division, held in New Hanover County, Wilmington, North Carolina, commencing during the March 23, 2009, Criminal Session, before the Honorable Jay D. Hockenbury, Judge presiding.
A P P E A R A N C E S: FOR THE STATE: JANET R. COLEMAN, Esq. Assistant District Attorney 316 Princess Street Wilmington, North Carolina 28401 BRIAN MOORE, Esq. 201 Princess Street Wilmington, North Carolina 28401
FOR THE DEFENDANT:
Reported by: Jean Dunne, RPR Official Court Reporter Office: (910)341-1186
1 2 3 4 5 6 7 8 9 10 11 12 13 14
GENERAL INDEX Page Court addresses defendant regarding plea offer Jury impaneled State rests Defendant's motion Defense rests Defendant's motion Charge conference Judge Hockenbury's charge to the jury Verdicts Sentencing hearing Judgments STATE'S EXHIBITS 4 18 158 158 161 162 163 169 181 184 190
15 16 17 18 1B 19 20 21 22 23 24 25 1C 2 Plastic bag containing bottle of pills Lab report Plastic bag 97 139 93 146 147 96 1 1A Manila envelope Manila envelope inside State's Exhibit 1 Marked Received 93 146 96 146
1 2 3 4 PETER OEHL
STATE'S WITNESSES Page 37
DIRECT EXAMINATION BY MS. COLEMAN STATE'S WITNESS ON SUPRESSION HEARING
5 PETER OEHL 6 7 8 DEFENDANT'S WITNESS ON SUPPRESSION HEARING 9 LARRY BRUNSON 10 11 12 STATE'S WITNESSES 13 PETER OEHL 14 15 16 TYLER O'DONNELL 17 18 19 JAMES INNELLA 20 21 22 BRITTANY DEWELL 23 24 25 DIRECT EXAMINATION BY MS. COLEMAN CROSS-EXAMINATION BY MR. MOORE REDIRECT EXAMINATION BY MS. COLEMAN RECROSS-EXAMINATION BY MR. MOORE FURTHER REDIRECT EXAMINATION BY MS. COLEMAN Page 133 148 150 152 155 DIRECT EXAMINATION BY MS. COLEMAN CROSS-EXAMINATION BY MR. MOORE Page 121 132 DIRECT EXAMINATION BY MS. COLEMAN CROSS-EXAMINATION BY MR. MOORE Page 110 120 DIRECT EXAMINATION BY MS. COLEMAN (continuing) CROSS-EXAMINATION BY MR. MOORE Page 88 101 VOIR DIRE EXAMINATION BY MR. MOORE CROSS-EXAMINATION BY MS. COLEMAN Page 63 67 VOIR DIRE EXAMINATION BY MS. COLEMAN VOIR DIRE EXAMINATION BY MR. MOORE Page 51 57
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(This case was called March 23, 2009, at 4:11 p.m.) THE COURT: v. Larry Darnell Brunson. We're here on the case of State And I believe that's Is that right, sir? Yes, sir.
Mr. Brunson in front of me. THE DEFENDANT: THE COURT:
Mr. Brunson, we're about ready But before
to call a jury up here and start your trial.
we do that, I want to put on the record, and also, most importantly, I want you to understand what plea agreement the State of North Carolina is offering you in this case. All right? So what I'm going to do to you, I want you to understand what you're charged with, what your sentences could be if you're convicted of the charges, and what the State's plea offer is to you if you plead guilty. Because we're dealing with a lot of time here, And if you
and I want you to understand your situation.
have any questions you want to ask the Court, you can feel free to do that. All right? Yes, sir.
THE DEFENDANT: THE COURT:
State your name to the Court. Larry Darnell Brunson.
THE DEFENDANT: THE COURT:
And Mr. Brunson, you are 08-CRS-50792, count 1,
charged with the following cases.
191
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
findings as to mitigating or aggravating factors, because this is a drug trafficking case. So make sure that box
is checked on the judgment, Madam Clerk. The Court will consolidate all these judgments, all these convictions, these charges, into one judgment. And that judgment is a minimum term of 225
months in the North Carolina Department of Corrections and a maximum term of 279 months in the Department of Corrections. That's the minimum and maximum: 225 months
minimum, 279 months maximum in the North Carolina Department of Corrections. The defendant will get credit for whatever time he spent in confinement prior to today's date as a result of this charge. If the defendant gets on work
release or post-release supervision, he's to reimburse the State for the cost of his attorney fees. And the
Court is going to levy, as according to statute, a fine of $500,000. And that also can be paid off through any
work release the defendant is assigned to. All right, Mr. Bailiff, the defendant is in your custody. THE DEFENDANT: see my family? THE COURT: We'll make arrangements -- I'll Can I say something? Can I
talk to the bailiffs about over at the jail, if she can
192
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
see you before you get sent off, Mr. Brunson. I'll talk to the bailiffs about that for you.
All right?
(The defendant left the courtroom.) * * * * * END OF TRANSCRIPT
193
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
CERTIFICATE
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
I, Jean Dunne, RPR, the officer before whom the foregoing proceedings was taken, do hereby certify that said hearing, pages 1 through 192, is a true, correct, and verbatim transcript of said proceeding. I further certify that I am neither counsel for, related to, nor employed by any of the parties in the action in which this proceeding was heard; and further, that I am not a relative or employee of any attorney or counsel employed by the parties thereto, and am not financially or otherwise interested in the outcome of the action. This 21st day of April, 2009.
_____________________________ Jean Dunne, RPR Official Court Reporter Fifth Judicial District
STATE OF NORTH CAROLINA COUNTY OF WAKE STATE OF NORTH CAROLINA, Plaintiff, versus FREDDIE ROBINSON, Defendant. . . . . . . . . . . . . . . . .
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 09 CRS 17080
CERTIFICATE OF DELIVERY
This is to certify that the transcript of proceedings at the December 2, 2009 Session of Wake County Superior Court was ordered on the Appellate Entries by the Honorable Paul C. Ridgeway on July 27, 2010, comprises 17 pages, and was delivered electronically and by U.S. Mail, postage pre-paid, to counsel listed below on the 24th day of September, 2010. Rosa D. Dula Assistant District Attorney Post Office Box 31 Raleigh, NC 27602 Rosa.D.Dula@nccourts.org Haral Edward Carlin Attorney at Law Post Office Box 53689 Fayetteville, NC 28305 hcarlinlaw@aol.com
David E. Jester, CVR Official Court Reporter 229 Kinton Drive Fuquay-Varina, NC 275263
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK TERRI LYNN ROBERTSON and MARY DIANNE GODWIN DANIEL, Plaintiffs, versus STERIS CORPORATION, a Delaware Corporation; et al, Defendants. ....................................
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 07 CVS 106
CONTRACT & NOTICE OF ARRANGEMENT FOR PRODUCTION OF TRANSCRIPT
THIS IS AN AGREEMENT between David E. Jester, Official Court Reporter (Reporter) and Henry Temple, Attorney at Law (Requester) for the production of a transcript of trial proceedings in the above captioned case at the September 23, 2009 session of Brunswick County Superior Court, a hearing held before Judge Hooks in Columbus County. The transcript shall be produced in accordance with the guidelines established by the North Carolina Administrative Office of the Courts, and according to the following terms: 1. 2. One original by e-mail and on compact disc shall be provided to the Requester. Estimated length of the transcript is 120 pages. Fee for the transcript is $5.00 per page. Estimated total cost for the transcript is $600. 3. No deposit or prepayment is made at the time of this contract, but the Requester is liable for payment in full of all costs relating to production of the transcript (Gualtieri v. Burleson, 353 S.E.2nd 852). 4. Should the transcript requested herein no longer be desired by the Requester, the Requester may terminate this contract only upon payment by the Requester for all work completed at the time of cancellation. 5. Upon completion of the transcript, the Reporter will forward to the Requester an invoice for the total cost of the transcript. Upon payment of that invoice in full, the Reporter will forward the transcript to the Requester. 6. Requester may copy the transcript for use by the Requester only. No copy of the transcript shall be made by the Requester for another party and specifically
shall not be provided by the Requester to any opposing party. Requester hereby agrees that the Reporter shall remain the sole source for any other party obtaining a copy, in whole or in part, of the transcript. 7. Pursuant to the applicable rules, a copy of the transcript will be filed with the Court of Appeals by the Reporter but shall not be included in or as a part of any proposed or final Record on Appeal and, therefore, will not be provided to any other party, opposing or otherwise, as a part of any proposed or final Record on Appeal. 8. In the event that a court of competent jurisdiction orders the Requester to provide the transcript to another person or opposing party, the Requester shall buy an additional copy from the Reporter to provide to that other person or opposing party.
David E. Jester, Official Court Reporter
Henry Temple, Attorney at Law
14 October 2009 Date
Date
STATE OF NORTH CAROLINA COUNTY OF JOHNSTON STATE OF NORTH CAROLINA, Versus BRIAN BLAKEMAN, Defendant. . . . . . . . . . . . . . . . .
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 07 CRS 8410, 54101, 54693-96
ORDER FOR TRANSCRIPT
UPON MOTION by the Defendant, the Court makes the following findings: 1. That a hearing in the above captioned case was conducted by the Court on the Defendants Motion to Suppress on Friday, August 8, 2008 in which evidence was presented, arguments made, and the Defendants motion was denied. That this case is scheduled for trial on September 22, 2008. That a transcript of the said hearing would be useful at trial and in counsels preparation for trial. That the Defendant has previously been found indigent and counsel appointed by the Court for him.
2. 3. 4.
IT IS THEREFORE ORDERED that a transcript of the hearing be prepared by the Court Reporter, David Jester, and provided to counsel for the Defendant and that a copy also be provided to counsel for the State. It is further ordered that all costs for the preparation of the transcript and the providing of copies be borne by the State by and through the Administrative Office of the Courts. This the ____ day of _________________, 2008.
Superior Court Judge Presiding
STATE OF NORTH CAROLINA COUNTY OF WAKE STATE OF NORTH CAROLINA, Versus LUIS REYES TORRES, Defendant. . . . . . . . . . . . . . . . .
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 09 CRS 203207
VERDICT
We, the jury, by unanimous verdict find the defendant: _______ Guilty of trafficking in cocaine by possession OR _______ Guilty of possession with intent to sell and deliver cocaine OR _______ not guilty.
This the ____ day of _________________, 2008.
Signature of Foreperson Printed Name of Foreperson
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF NEW HANOVER FILE NO. 08-CVS-2512 ______________________________ ) LILLIE FAYE WILLIAMS, as ) Administratrix of the Estate ) of CHRISTOPHER FITZGERALD ) WILLIAMS, deceased, ) Plaintiff, ) ) VERDICT vs. ) ) ROBERT MARK RODGER, M.D., and ) ATLANTIC ORTHOPEDICS, P.A., ) Defendants. ) ______________________________) We, the jury, find by unanimous verdict the answers to the following issues: Issue 1: Was the death of Christopher Williams caused by the negligence of the Defendants Robert Mark Rodger, M.D., and Atlantic Orthopedics, P.A.? _______ Yes _______ No
STATE OF NORTH CAROLINA
If you answered Issue 1 "Yes," in favor of the Plaintiff, then you shall proceed to answer Issue 2. If you answered Issue 1 "No," in favor of the Defendant, that becomes your verdict and ends the lawsuit, and you will not consider Issue 2. Issue 2: What amount is the Estate of Christopher Williams entitled to recover for wrongful death? $_____________________ This the _____ day of September, 2010 ___________________________ Signature of the Foreperson ___________________________ Printed name of Foreperson
Appendix D Court Reporter/Transcriptionists Instructions for Electronic Filing in the Supreme Court and Court of Appeals of North Carolina
COURT REPORTER/TRANSCRIPTIONISTS INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT AND COURT OF APPEALS OF NORTH CAROLINA
NOTE: A case MUST be docketed before you can file a transcript. All transcripts MUST be filed under the docket number given to you by the Appellate Attorney. Internet address: www.ncappellatecourts.org (You may wish to bookmark this address.) Overview of Submitting Electronically: 1. Log on to Internet address and click on Register in order to register to submit your document. You will receive an email notification from the Clerk's Office when your registration/account has been enabled to e-file. Once you register and are accepted, you are free to submit numerous documents at any time you would like to both the Court of Appeals and the Supreme Court. Note: Remember your password and exactly how you submitted your name. The system is case and punctuation sensitive. Next you must Prepare your Document to be sent electronically. This requires converting the document to a PDF file using your Adobe Acrobat PDF Standard or other software. When your document is ready for submission, you can go back to the e-filing Internet address (www.ncappellatecourts.org) and fill out the form on the web by clicking on Submit and entering your registered user name and password. Fill out the required information and then Upload your file. If you need Help logging in or have problems with your password, please call or email the support line at 919-831-5708 or efiling@sc.state.nc.us. For all other questions, please call or email David Jester at 919-831-5974 or David.E.Jester@nccourts.org.
2.
3.
REGISTER
In order to verify that you really are who you say you are, you must register, get a password, and be approved to e-file documents with us. On the Internet, go to the address www.ncappellatecourts.org. Our web page for the Electronic Filing and Document Library will be displayed on the screen. From this site you can Register, Submit, Browse Briefs that have been efiled, and do Keyword searches.
COURT REPORTER/TRANSCRIPTIONISTS INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT AND COURT OF APPEALS OF NORTH CAROLINA At the left side, under User, click on Register. The User Registration screen will appear at the right. Choose whether you want to request a new account or Login to update your existing account. If you have never registered, click on Request a new account. Fill in the blanks on the screen. For Firm Name, enter Court Reporter. For Bar Number, you will enter CR and the last four digits of your social security number if you are a court reporter and TR and the last four digits of your social security number if you are a transcriptionist. The password suggested on screen in the very last blank may be used. However, we recommend that you enter one that is more easily remembered. Note: You must remember your own password, because the Clerk's Office will not have access to it. Also remember the exact way you filled out your name. In fact, printing this registration screen before you Submit it is the recommended method of keeping your account information on hand for future reference. Also, please note that the system is case sensitive and punctuation sensitive. Click on Submit Request. We will verify your status. After that, you will be notified by e-mail that your request for registration is approved. If you need your request expedited or have problems with your confirmation, please call us at 919-831-5708. You will usually be approved within the same day as submission, unless your request was received after business hours (8:00 a.m. - 5:00 p.m. Eastern Time) on a weekend or holiday.
PREPARE THE DOCUMENT

To get your document prepared for submittal, you must do the following two things: 1. Your transcript MUST be named in the following manner: Transcript + Name of Case) + (Date of Hearing/Trial) + (Volume Number). For example, your file number will look like this: Transcript - State v. Doe - January 1, 2009 Volume I of III. 2. Your Transcript MUST be saved as a .PDF file. Formats such as .DOC or E-Tran are not allowed. You can download a free .PDF creator at www.cutepdf.com.
COURT REPORTER/TRANSCRIPTIONIST'S SUBMISSION

After receiving email that your application has been approved, you may then login and begin submitting documents to be e-filed. Only .PDF files are accepted for e-filing. Filling out the Form on the Web: 1. When the you are ready to transmit the document, please return to the web address to complete the final step: http://www.ncappellatecourts.org 2. Under the Library heading, click on Submit.
COURT REPORTER/TRANSCRIPTIONISTS INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT AND COURT OF APPEALS OF NORTH CAROLINA 3. Enter the User Name and Password to login. The E-Court Docket Submission screen will appear. 4. Under I want to submit a document to the, select the appropriate court Supreme Court or Court of Appeals. 5. Select the option for I want to Add a document to the docket number, and enter the case number (the "COA" in the Court of Appeals case number is not required here). 6. Click on "Let's Go." 7. In Section II of the form, select Transcript from the drop-down list as the Description of Document. This is the ONLY part of Section II that you will fill out. 8. Skip Section III and Section IV and scroll all the way down the page to Section V (Uploading the file). 9. Uploading the File (Section V): At the end of the data-fill section is a File Upload section where you must "Select the file you wish to upload." Click on the Browse button to go to the directory/folder where you have saved your document on your PC and double click on the file you want to submit for docketing (250 page maximum). The filename will appear in the blank to the left of the Browse button. Click on the Upload button to submit your file plus all the accompanying data you have entered. If you receive a window about security, select the option to continue. Since court documents are public information, the unsecured transmission is acceptable. Your document will be considered filed by the Clerk's Office when it is received. To print a copy of the verification for your submission click File and Print in the main menu.
HELP
For help with Electronic Filing, feel free to call David Jester at 919-831-5974 or the Appellate Court IT office at 919-831-5708 from 8 a.m. to 5 p.m., Monday through Friday. Remember, you may electronically file at any time of day or night, every day! However, the "clocked-in" deadline for documents is 11:59 p.m. EST on the due date.

Court Reporting Handbook

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Court Reporting Handbook

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Sarah Parker, Chief Justice Supreme Court of North Carolina Judge John W.

COURT REPORTING HANDBOOK

COURT REPORTING HANDBOOK

COURT REPORTING HANDBOOK

COURT REPORTING HANDBOOK

David E. Jester, CVR Court Reporting Manager

COURT REPORTING HANDBOOK

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Prohibition on Hiring Replacements

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12. 13. 14.

COURT REPORTING HANDBOOK

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COURT REPORTING HANDBOOK

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NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

(b) (c) (d) (e)

(e) (f) (g) (h) (i) (j)

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

) STATE OF NORTH CAROLINA ) ) VS. ) ) LARRY BRUNSON, ) Defendant. ) )

This the day of _____________, 2008.