Rule 37 - Motions in Appellate Courts(a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties. Unless another time is expressly provided by these rules, the motion may be filed and served at any time before the case is called for oral argument. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion and shall state with particularity the grounds on which it is based and the order or relief sought. If a motion is supported by affidavits, briefs, or other items, these shall be served and filed with the motion. Within ten days after a motion is served or until the appeal is called for oral argument, whichever period is shorter, a party may file and serve copies of a response in opposition to the motion, which may be supported by affidavits, briefs, or other items in the same manner as motions. The court may shorten or extend the time for responding to any motion.(b)Determination. Notwithstanding the provisions of Rule 37(a), a motion may be acted upon at any time, despite the absence of notice to all parties and without awaiting a response thereto. A party who has not received actual notice of such a motion, or who has not filed a response at the time such action is taken, and who is adversely affected by the action may request reconsideration, vacation, or modification thereof. Motions will be determined without argument, unless the court orders otherwise.(c)Notification and Consent. In cases where all parties are represented by counsel, motions should contain a statement by counsel reporting counsel's good-faith effort to inform counsel for all other parties of the intended filing of the motion. The statement should indicate (i) whether the other parties consent to the relief being sought and (ii) whether any other party intends to file a response.(d)Withdrawal of Appeal in Criminal Cases. Withdrawal of appeal in criminal cases shall be in accordance with N.C.G.S. § 15A-1450. In addition to the requirements of N.C.G.S. § 15A-1450, after the record on appeal in a criminal case has been filed in an appellate court but before the filing of an opinion, the defendant shall also file a written notice of the withdrawal with the clerk of the appropriate appellate court.(e)Withdrawal of Appeal in Civil Cases. (1) Prior to the filing of a record on appeal in the appellate court, an appellant or cross-appellant may, without the consent of the other party, file a notice of withdrawal of its appeal with the tribunal from which appeal has been taken. Alternatively, prior to the filing of a record on appeal, the parties may file a signed stipulation agreeing to dismiss the appeal with the tribunal from which the appeal has been taken.(2) After the record on appeal has been filed, an appellant or cross-appellant or all parties jointly may move the appellate court in which the appeal is pending, prior to the filing of an opinion, for dismissal of the appeal. The motion must specify the reasons therefor, the positions of all parties on the motion to dismiss, and the positions of all parties on the allocation of taxed costs. The appeal may be dismissed by order upon such terms as agreed to by the parties or as fixed by the appellate court.
(f)Effect of Withdrawal of Appeal. The withdrawal of an appeal shall not affect the right of any other party to file or continue such party's appeal or cross-appeal.287 N.C. 671; 324 N.C. 613; 354 N.C. 609; 358 N.C. 829; 361 N.C. 732; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974; 379 N.C. 694.
Amended October 13, 2021, effective 1/1/2022; amended June 18, 2024, effective 6/18/2024.The Supreme Court's procedure for deciding motions filed under Rule 37 that seek the recusal or disqualification of a justice was announced in an administrative order dated 23 December 2021, 379 N.C. 693.