A Typical Notice of Appeal to the Court of Appeals
AVERY COUNTY
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 21 CVS 1234
[Plaintiff's Name as in Final Judgment or Order on Appeal], Plaintiff, v. [Defendant's Name as in Final Judgment or Order on Appeal], Defendant. | NOTICE OF APPEAL |
TO THE HONORABLE COURT OF APPEALS OF NORTH CAROLINA:
Plaintiff [Full Name] hereby gives notice of appeal to the Court of Appeals of North Carolina from the final judgment of [Judge's Name], Superior Court Judge, entered on 15 November 2022, in the Superior Court of Avery County, which dismissed Plaintiff's action.
This the 21st day of November, 2022.
[LAW FIRM NAME, if any, and only if counsel is retained and not appointed]
By: Electronically submitted
___________________________
[Name of Counsel]
Attorney for Plaintiff-Appellant
160 N. Main Street
Newland, NC 28786
(828) 456-1245
State Bar No. 12345
lawyer@lawfirm.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he served a copy of the foregoing NOTICE OF APPEAL on the opposing party by depositing a copy, contained in a first-class, postage-paid wrapper, into a depository under the exclusive care and custody of the United States Postal Service, addressed as follows:
[Name and address of opposing counsel]
This the 21st day of November, 2022.
By: Electronically submitted
_______________________________
[Name of Counsel]
[Sample Notice of Appeal in a Juvenile Case]
AVERY COUNTY
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION 21 J 1234
In the Matter of: | NOTICE OF APPEAL and REQUEST FOR APPOINTMENT OF COUNSEL |
A.B.C. | |
a minor child. |
TO THE HONORABLE COURT OF APPEALS OF NORTH CAROLINA:
Pursuant to N.C. Gen. Stat. § 7B-1001(a)(3), Respondent-Mother [name] hereby gives Notice of Appeal to the Court of Appeals of North Carolina from the Disposition Order, which was entered by the Honorable George Jetson of the Avery County District Court and filed on [date].
REQUEST FOR APPOINTMENT OF COUNSEL FOR APPEAL
Respondent-Mother [name] respectfully requests that counsel be appointed to represent her in this appeal, in that she is indigent and has previously had counsel appointed to represent her in this case, and there has been no change in her financial circumstances since counsel was appointed.
This the _______ day of ______________, 2022.
___________________________
[Name of Counsel]
[LAW FIRM NAME, if any]
Attorney for Respondent-Mother
160 N. Main Street
Newland, NC 28786
(828) 456-1245
State Bar No. 12345 lawyer@lawfirm.com
Respondent-Mother
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing NOTICE OF APPEAL and REQUEST FOR APPOINTMENT OF COUNSEL has been served on the parties listed below by:
( ) depositing said notice in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Post Office Department.
[Name and address of attorney or party served in this manner]
( ) hand-delivery to the attorney or party by leaving it at the attorney's office with a partner or employee.
[Name of attorney or party served in this manner]
( ) sending it to the attorney's office by a confirmed facsimile transmittal for receipt by 5:00 P.M. Eastern Time.
[Insert name and fax number of attorney served in this manner]
This the _____ day of _____________, 2022.
_________________________
[Name of Counsel]
Notes on Notices of Appeal and Appeal Entries in Juvenile Cases:
A written Notice of Appeal is required in all civil cases, even those involving a juvenile. As of January 2019, some juvenile cases are appealed directly to the Supreme Court. See N.C. Gen. Stat. § 7B-1001(a1). Special requirements apply, however, to such Notices of Appeal in certain juvenile cases.o Notices of Appeal in cases falling under Rule 3.1 (like the Notice of Appeal set forth in the example above) must be signed by both the parent and the trial lawyer if the appellant is represented by trial counsel. See N.C. Gen. Stat. § 7B-1001(c).
o Note also that the Notice of Appeal is an appropriate location to request appointment of appellate counsel for an indigent appellant.
"Appeal entries" (sometimes called "appellate entries") are used in juvenile delinquency; termination of parental rights; and abuse, neglect, or dependency cases. In cases where the appellant is indigent, the appeal entries are used to establish indigency and appoint the appellate defender. In juvenile delinquency and indigent cases, the appeal entries are submitted to order the transcript. In termination of parental rights and abuse, neglect, and dependency cases, the appeal entries indicate who has been designated to transcribe the transcript. Under Rule 3.1(c), the transcriptionist is designated by the "court reporting manager." The clerk submits the appeal entries to reflect who the manager designated, authorize the tapes to be delivered to the transcriptionist, and track receipt and delivery. The appeal entries are usually included in the record on appeal after the notice of appeal. See N.C. R. App. P. 9(a)(1)(i), 9(a)(3)(h). Forms for the appeal entries are available on the North Carolina Court System website, as follows: AOC-CR-350 (adult criminal cases and indigent civil appeals), AOC-J-160 (termination of parental rights, and abuse, neglect or dependency cases in which the parent appeals), AOC-J-161 (same, in which the Department of Social Services or the Guardian Ad Litem appeals), and AOC-J-470 (juvenile delinquency cases). See A Typical Printed Record on Appeal for a Juvenile Case, infra, for examples of how to compile the other sections of the record on appeal for juvenile cases. For more information and resources relating to appeals in juvenile cases, see the materials available:o On the "Training and Reference Materials Index" page of North Carolina's Office of Indigent Defense Services website;
o In the UNC School of Government's Indigent Defense Manual Series (Chapter 16 is dedicated to Appeals); or
o On the website for the North Carolina Office of the JuvenileDefender , which for example, lists a variety of resources, including more information regarding Preserving the Record on Appeal in Delinquency Cases.