(a)Scope. This rule applies to the ordering, preparation, delivery, and filing of each transcript that is to be designated as part of the record on appeal.(b)Ordering by a Party. A party may order a transcript of any proceeding that the party considers necessary for the appeal.(1)Transcript Contract. A party who orders a transcript for the appeal after notice of appeal is filed or given must use an Appellate Division Transcript Contract form to order the transcript. That form is available on the Supreme Court's rules webpage.(2)Service of Transcript Contract. An appellant must serve its transcript contract on each party and on the transcriptionist no later than fourteen days after filing or giving notice of appeal. An appellee must serve its transcript contract on each party and on the transcriptionist no later than twenty-eight days after any appellant files or gives notice of appeal.(3)Transcript Documentation. A party who has ordered a transcript for the appeal, whether ordered before or after notice of appeal, must complete an Appellate Division Transcript Documentation form. That form is available on the Supreme Court's rules webpage.(4)Service of Transcript Documentation. A party must serve the transcript documentation on all other parties within the time allowed under subsection (b)(2) of this rule for that party to serve a transcript contract.(c)Ordering by the Clerk of Superior Court. If a party is indigent and entitled to appointed appellate counsel, then that party is entitled to have the clerk of superior court order a transcript on that party's behalf. (1)Appellate Entries. The clerk of superior court must use an appropriate appellate entries form to order a transcript. Those forms are available on the Judicial Branch's forms webpage.(2)Service of Appellate Entries. The clerk must serve the appellate entries on each party and on each transcriptionist no later than fourteen days after a judge signs the form. Service on a party who has appointed appellate counsel must be made upon that party's appointed appellate counsel.(d)Formatting. The transcriptionist must format the transcript according to standards set by the Administrative Office of the Courts.(e)Delivery. (1)Deadlines. The transcriptionist must deliver the transcript to the parties no later than ninety days after having been served with the transcript contract or the appellate entries, except:a. In a capitally tried case, the deadline is one hundred eighty days.b. In an undisciplined or delinquent juvenile case under Subchapter II of Chapter 7B of the General Statutes, the deadline is sixty days.c. In a special proceeding about the admission or discharge of clients under Article 5 of Chapter 122C of the General Statutes, the deadline is sixty days. (2)Certification. The transcriptionist must certify to the parties and to the clerk of superior court that the transcript has been delivered.(g)Neutral Transcriptionist. The transcriptionist must not have a personal or financial interest in the proceeding unless the parties otherwise agree by stipulation.287 N.C. 671; 295 N.C. 741; 368 N.C. 1067; 324 N.C. 585; 324 N.C. 613; 327 N.C. 671; 347 N.C. 679; 350 N.C. 857; 354 N.C. 598; 354 N.C. 609; 356 N.C. 701; 361 N.C. 732; 363 N.C. 901; 369 N.C. 763; 369 N.C. 955; 375 N.C. 1034; 379 N.C. 694.
Amended November 17, 2020, effective 1/1/2021; amended October 13, 2021, effective 1/1/2022; amended June 18, 2024, effective 6/18/2024.