NC · rules
N.C. R. App. P. 36
Trial Judges Authorized to Enter Orders Under These Rules
(a) When Particular Judge Not Specified by Rule. When by these
rules a trial court or a judge thereof is permitted or required to enter an order or to
take some other judicial action with respect to a pending appeal and the rule does not
specify the particular judge with authority to do so, the following judges of the
respective courts have such authority with respect to causes docketed in their
respective divisions:
(1) Superior Court. The judge who entered the judgment, order, or
other determination from which appeal was taken, and any
regular or special superior court judge resident in the district or
assigned to hold court in the district wherein the cause is
docketed;
(2) District Court. The judge who entered the judgment, order, or
other determination from which appeal was taken; the chief
district court judge of the district wherein the cause is docketed;
and any judge designated by such chief district court judge to
enter interlocutory orders under N.C.G.S. § 7A-192.
(b) Upon Death, Incapacity, Retirement, or Absence of Particular
Judge Authorized. When by these rules the authority to enter an order or to take
other judicial action is limited to a particular judge and that judge is unavailable by
reason of death, mental or physical incapacity, retirement, or absence from the state,
the Chief Justice will, upon motion of any party, designate another judge to act in the
matter. Such designation will be by order entered ex parte, copies of which will be
mailed forthwith by the clerk of the Supreme Court to the judge designated and to all
parties.
History
History Note. 287 N.C. 671; 324 N.C. 613; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763; Order Dated 20 August 2025.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
3ab15ec7a2b98d229b7c028a406a0fa9de4d926d5a3d4336efdb970ece2f2dd9
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