What is the rule 23 of the NC Rules of appellate procedure?
Asked by: Dr. Karina Effertz | Last update: June 25, 2025Score: 5/5 (38 votes)
Pursuant to Rule 23(e) of the North Carolina Rules of Appellate Procedure, Defendant respectfully applies to this Court for an order temporarily staying enforcement of the equitable distribution order until determination by this Court of whether it shall issue its writ of supersedeas.
What is the rule 27 of the NC rules of appellate procedure?
Rule 27 - Computation and Extension of Time (a)Computation of Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
What is Rule 25 of the NC Rules of appellate procedure?
A court of the appellate division may, on its own initiative or motion of a party, impose a sanction against a party or attorney or both when the court determines that such party or attorney or both substantially failed to comply with these rules, including failure to pay any filing or printing fees or costs when due.
What are the margin requirements for a brief under the NC rules of appellate procedure?
Under Appellate Rule 281i), briefs in nonuroportional type are governed bv a uage limit, and briefs in pro~ortional t w e are governed bv a word-count limit. To allow for binding of documents, a margin of approximately one inch shall be left on all sides of the page.
What is the rule 26 of the NC Rules of appellate procedure?
Counsel may file copies of oversized documents and non-documentary items electronically if permitted to do so by the electronic-filing site, but otherwise by hand delivery or mail. A person who is not represented by counsel is encouraged to file items in the appellate courts electronically but is not required to do so.
LAW 400: Introduction to the Appellate Process
What is the rule 37 of the NC Rules of appellate Procedure?
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.
What is Rule 34 appellate procedure?
If the appellee fails to appear for argument, the court must hear appellant's argument. If the appellant fails to appear for argument, the court may hear the appellee's argument. If neither party appears, the case will be decided on the briefs, unless the court orders otherwise.
What is the rule 28 of the NC rule of appellate procedure?
Rule 28 - Briefs-Function and Content (a)Function. The function of all briefs required or permitted by these rules is to define clearly the issues presented to the reviewing court and to present the arguments and authorities upon which the parties rely in support of their respective positions thereon.
What is the 3 day rule in NC?
- Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
What is Rule 31 Federal Rules of appellate Procedure?
The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.
What is Rule 8 of the NC Rules of appellate Procedure?
In any appeal which is allowed by law to be taken from an administrative tribunal to the appellate division, application for the temporary stay and writ of supersedeas may be made to the appellate court in the first instance.
What is the rule 41 of the Federal Rules of appellate Procedure?
Mandate: Contents; Issuance and Effective Date; Stay. (a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the court's opinion, if any, and any direction about costs.
What is the rule 7 of the NC Rules of appellate Procedure?
Rule 7 - Transcripts (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.
What is Rule 15 of the Federal Rules of appellate Procedure?
(1) An application to enforce an agency order must be filed with the clerk of a court of appeals authorized to enforce the order. If a petition is filed to review an agency order that the court may enforce, a party opposing the petition may file a cross-application for enforcement.
What is NC Rule of appellate Procedure 42?
Rule 42 - Protecting Identities-Sealed Items and Identification Numbers (a)Items Sealed in the Trial Tribunal. Items sealed in the trial tribunal remain under seal in the appellate courts.
What is the rule 27 of the rules of appellate procedure?
A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge.
What is the rule 40 of the NC Rules of Civil Procedure?
Rule 40(b) of the North Carolina Rules of Procedure provides that "(n)o continuance shall be granted except upon application to the court." "A motion to continue is addressed to the sound discretion of the trial judge." Shankle v. Shankle, 289 N. C. 473, 483, 223 S. E. 2d 380 (1976).
What is the 3 midnight rule?
A patient has passed two midnights in Inpatient status and medically no longer requires hospital care. If there are no accepting SNFs (within the confines of a reasonable search) resulting in passage of a third Inpatient midnight in the hospital, the Three Midnight Rule has been fulfilled.
What is the 2 second rule in NC?
The two-second rule.
G.S. 20-152 prohibits the driver of a motor vehicle from following another vehicle more closely than is reasonable and prudent. The State Highway Patrol recommends that motorists keep at least one car length interval per 10 miles per hour of speed.
What is the Federal Rule of appellate Procedure 37?
Interest on Judgment. (a) When the Court Affirms. Unless the law provides otherwise, if a money judgment in a civil case is affirmed, whatever interest is allowed by law is payable from the date when the district court's judgment was entered.
What is the NC Rule of appellate Procedure 10?
North Carolina Rule of Appellate Procedure 10(a)(1) provides that, “[i]n order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion, stating the specific grounds for the ruling the party desired the court to make[.] . . .
What is Rule 36 Federal Rules of appellate Procedure?
(2) if a judgment is rendered without an opinion, as the court instructs. (b) Notice. On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion—or the judgment, if no opinion was written—and a notice of the date when the judgment was entered.
What is Rule of Appellate Procedure 25 in NC?
Rule 25(a) further provides that "[p]rior to the filing of an appeal in an appellate court, motions to dismiss are made to the court, commission, or commissioner from which appeal has been taken," and "motions made under this rule to a commission may be heard and determined by the chair of the commission."
What is rule 24?
– Upon timely application anyone may be permitted to intervene in an action. (1) When a statute confers a conditional right to intervene; or (2) When an applicant's claim or defense and the main action have a question of law or fact in common.
What is the Federal Rule of Appellate Procedure 45?
Unless the court orders or instructs otherwise, the clerk must not permit an original record or paper to be taken from the clerk's office. Upon disposition of the case, original papers constituting the record on appeal or review must be returned to the court or agency from which they were received.