NC · rules
N.C. R. App. P. 4
Appeal in Criminal Cases—How and When Taken
(a) Manner and Time. Any party entitled by law to appeal from a
judgment or order of a superior or district court rendered in a criminal action may
take appeal by:
(1) giving oral notice of appeal at trial, or
(2) filing notice of appeal with the clerk of superior court and serving
copies thereof upon all adverse parties within fourteen days after
entry of the judgment or order or within fourteen days after a
ruling on a motion for appropriate relief made during the
fourteen-day period following entry of the judgment or order.
Appeals from district court to superior court are governed by
N.C.G.S. §§ 15A-1431 and -1432.
(b) Content of Notice of Appeal. The notice of appeal required to be filed
and served by subdivision (a)(2) of this rule shall specify the party or parties taking
the appeal; shall designate the judgment or order from which appeal is taken and the
court to which appeal is taken; and shall be signed by counsel of record for the party
or parties taking the appeal, or by any such party not represented by counsel of
record.
(c) Service of Notice of Appeal. Service of copies of the notice of appeal
may be made as provided in Rule 26.
(d) To Which Appellate Court Addressed. An appeal of right from a
judgment of a superior court by any person who has been convicted of murder in the
first degree and sentenced to death shall be filed in the Supreme Court. In all other
criminal cases, appeal shall be filed in the Court of Appeals.
History
History Note. 287 N.C. 671; 295 N.C. 742; 305 N.C. 783; 322 N.C. 844; 368 N.C. 1067; 324 N.C. 585; 324 N.C. 613; 348 N.C. 724; 354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 363 N.C. 901; 369 N.C. 763; 371 N.C. 974.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
f69beafce6b32428bcbaf48d6cf3f89a2a1785b98d786217801f485c9c8b821b
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