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N.C. R. App. P. 36

Trial Judges Authorized to Enter Orders Under These Rules

activein force · 2025-09-02 – presentact-effective-date

(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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