Motions and Other Papers
As amended through June 18, 2024
Notes on Recent Changes to the Appellate Rules Regarding Motions:
Per the November 2020 Amendments, Rule 37(c) now requires that appellate motions in all cases, except for appeals involving pro se litigants, document: (1) "counsel's good-faith effort to inform counsel for all other parties of the intended filing of the motion," (2) "whether the other parties consent to the relief being sought," and (3) "whether any other party intends to file a response." N.C. R. App. P. 37(c). Rule 26(a) now provides that "[c]ounsel must file documents in the appellate courts electronically. The electronic-filing site for the appellate courts is located at https://www.ncappellatecourts.org. " N.C. R. App. P. 26(a). An item is filed when it is "received" by this site. Id. Rule 27(a) clarifies that, for purposes of calculating filing deadlines under the appellate rules, a legal holiday is "when the courthouse is closed for transactions." N.C. R. App. P. 27(a). Accordingly, federal holidays may not count if the state courts are open.