Court Reporting Handbook

Sarah Parker, Chief Justice Supreme Court of North Carolina

Judge John W. Smith, II, Director

Administrative Office of the Courts

David F. Hoke, Assistant Director Administrative Office of the Courts

Index

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NORTH CAROLINA JUDICIAL BRANCH OF GOVERNMENTADMINISTRATIVE OFFICE OF THE COURTS

November 1, 2010

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Code of Professional Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Duties and Responsibilities of Court Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3B. Duties and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3C. Private Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4D. Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Hiring Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A. Types of Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5B. Hiring Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5C. Hiring Assistance Provided by the AOC . . . . . . . . . . . . . . . . . . . . . . . . . . 6D. Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6E. Salary Supplements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Assignment of Official Court Reporters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8C. Prohibition on Hiring Replacements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9D. Assignment of Reporters in Case Involving the Death Penalty. . . . . . . . . . 9

Vacation and Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11A. Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11B. Court Recesses and Adverse Weather . . . . . . . . . . . . . . . . . . . . . . . . . . 12C. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12D. Paid Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13E. Community Service Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14F. Bonus Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14G. Continuing Education Leave Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Transcript Production & DeliveryA. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16B. Ordering of a Transcript for Appeal and Transcript Deadlines . . . . . . . . 16C. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases . . . . . . . . . . . . . 17D. Ordering of a Transcript for Non-Appeal Purposes . . . . . . . . . . . . . . . . 17E. Production of Transcripts and Priority of Cases . . . . . . . . . . . . . . . . . . . 17F. Extensions of Time to Produce Transcripts . . . . . . . . . . . . . . . . . . . . . . . 17G. Transcript Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18H. Certificate of Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19I. Certificate of Verbatim Transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19J. Electronic Filing of Transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19K. Continuing Duty to Produce Transcripts . . . . . . . . . . . . . . . . . . . . . . . . 20L. Transcript Production Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20M. Transcript Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21N. Transcript Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22O. Receiving Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24P. Realtime Reporting and Rough Draft Transcripts . . . . . . . . . . . . . . . . . . 25

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Records Storage and Retention . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 28A. Custody and Ownership of a Court Reporter's Materials .. . . . . . . . . . . 28B. Filing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 28C. Court Reporter Contact Information . . . . . . . . . . . . . . . .. . . . . . . . . . . 29D. Records Retention and Disposition Schedule . . . . . . . . . . .. . . . . . . . . . 29

State-Provided Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 31A. Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 31B. Requisition Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 31C. Repair Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 31D. Overhaul of Court Reporting Equipment . . . . . . . . . . . . . . . . . .. . . . . . 32

Travel Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 33A. Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 33B. Overnight and Daily Travel Expenses other than Mileage . . . . . . . . . . . . 34C. Travel Reimbursement for Seminars . . . . . . . . . . . . . . . .. . . . . . . . . . . . 35D. Receiving Reimbursement for Travel Expenses . . . . . . . .. . . . . . . . . . . 35E. Assignment of State Vehicles . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 36

Statistical Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 37A. Official Court Reporter Recordkeeping . . . . . . . . . . . . . . . .. . . . . . . . . 37B. Time Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 37C. Transcript Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 37

Regulations for Contractors . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 38A. General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 38B. Contract Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 38C. Payment Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 38

Electronic Recording Equipment & Transcription . . . . . . . . . . .. . . . . . . . . . . . . . . 40A. Use of Court Reporters in District Court at State Expense . . . . . . . . . . . 40B. Video Recording in Superior Court . . . . . . . . . . . . . . . . . . . . .. . . . . . . 40C. Eligibility to Transcribe Electronic Recordings . . . .. . . . . . . . . . . . . . . . 40D. Obtaining District/Superior Court Recordings for Purposes of . . . . . . . 41E. Transcript Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 41F. Equipment and Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 41

Appendix A: FormsReimbursement of Travel and Other ExpensesCourt Reporter Statement for TranscriptsReimbursement of Authorized Purchases (Equipment Repair/Overhaul)Court Reporter’s Monthly ReportStock Supply RequestStatement for Contractual Court Reporter ServicesTranscript of PleaAppellate EntriesRequest for Duplicate Copy of Verbatim Court RecordRequest and Order Authorizing Transcript of Confidential Proceeding

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Appendix B: North Carolina General StatutesNorth Carolina Rules of Appellate Procedure

Appendix C: Sample DocumentsTranscriptCertificate of TranscriptCertificate of DeliveryContractOrder

Appendix D: Court Reporter/Transcriptionists’ Instructions for Electronic Filingin the Supreme Court and Court of Appeals of North Carolina

Introduction

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November 1, 2010

The official record of proceedings in the courts of our State is provided byprofessionals which may generally be divided into three categories: Official Court Reporters(Reporters), Contract Court Reporters (Contractors), and Contract Transcriptionists(Transcriptionists).

This Handbook contains the policies adopted by the Director of the AdministrativeOffice of the Courts (AOC) for preserving a verbatim record, both in Superior Court and inDistrict Courts of record. Some of the policies involve rules that apply to all Court Reporters. The majority of the policies, however, pertain specifically to Official Court Reporters.

This Handbook is intended to aid court reporters in the performance of their duties byclearly setting out the responsibilities and requirements of the court reporter position. Thegoal of these policies is to ensure effective court reporting services through efficient use ofcourt reporters in the North Carolina court system.

General personnel policies applying to court reporters as well as to all other employeesof the Judicial Branch are set out in the Personnel Management Manual published by theHuman Resources Division of the Administrative Office of the Courts. Every hiring authorityshould have a copy of the Personnel Management Manual. All court reporters are referred tothis document for general, system-wide personnel policies, such as Fair Labor Standards Actcompliance procedures. This Handbook sets forth only those policies that are specific to theposition of court reporter.

David E. Jester, CVRCourt Reporting Manager

Code of Professional Ethics



November 1, 2010

The Code of Professional Ethics defines the ethical relationship the public, the bench,and the bar have a right to expect from an official court reporter. Not every situation a courtreporter may encounter can be foreseen, but fundamental ethical principles are always present.By complying with the Code of Professional Ethics, court reporters maintain their professionat the highest level. The Code of Professional Ethics has been derived from the NationalCourt Reporters Association Code in conjunction with the National Verbatim ReportersAssociation Code.

An Official Court Reporter Shall:

1. Exhibit absolute impartiality toward each participant in all aspects of reportedproceedings; always offer comparable services and financial arrangements to allparties in a proceeding.

2. Be alert to situations that are conflicts of interest or that may give theappearance of a conflict of interest. If a conflict or a potential conflict arises,the court reporter shall disclose that conflict or potential conflict.

3. Guard against not only the fact of but the appearance of impropriety; avoidgiving or receiving any gift, incentive or reward of substance to or from anypersons associated with the proceedings.

4. Prepare the record, and preserve the notes/recordings, in accordance withguidelines established by rule, statute or court order.

5. Be prompt to all court assignments and maintain a dignified appearance indress and deportment.

6. Refrain, as an official reporter, from freelance reporting activities that interferewith official duties and obligations.

7. Determine fees independently, except when established by statute or courtorder, entering into no unlawful agreements with other reporters on the fees toany user.

8. Acquire and maintain professional competence; stay abreast of changes in thelaw, legal procedures and technological developments relating to the reportingprofession; and, participate in continuing education programs.

9. Strive to achieve the highest quality, effectiveness, and dignity in both theprocess and products of professional work and maintain the integrity of theprofession.

10. Understand and accept that there is a consequence for misconduct, up to andincluding termination of employment.

Duties and Responsibilities of an Official Court Reporter



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A. General Policy

In order to provide court reporting services to the trial courts, theAdministrative Office of the Courts will maintain efficient and cost-effectiveprocedures that will provide for the verbatim recording of all proceedings required bylaw, without delaying the proceedings, and in such a manner that requested transcriptsare delivered within the time requirements of the court or the North Carolina Rules ofAppellate Procedure. These procedures are set forth in this Handbook. By acceptingemployment with the Judicial Branch, Reporters agree to abide by these procedures.

B. Duties and Responsibilities

1. Duties

Reporters shall fulfill the following duties:• Record Superior Court proceedings verbatim by either

stenograph or voice-writing method.• Transcribe the proceedings into verbatim transcripts for

purposes of appeal or by order of the court. Deliver certifiedtranscripts to the parties within the time permitted by an orderof the court or the North Carolina Rules of AppellateProcedure.

• Read aloud, as required, portions of the record during courtproceedings.

• Assist with the marking of exhibits (unless this duty is assignedlocally to the courtroom clerk).

• Take dictation of orders and findings of fact and type for judge'ssignature.

• Prepare verdict sheets (unless this duty is assigned locally to thecourtroom clerk).

• Maintain files and records of notes.• Cooperate with Clerks of Superior Court in the storage and

maintenance of notes, audio recordings, and other courtreporting materials.

• Promptly respond to inquiries from attorneys, court personnel,citizens and prisoners.

2. Professional Responsibilities

It is the intent of the AOC to ensure a high degree of professionalism,competency, and integrity in the court reporting services program in NorthCarolina. Reporters are officers of the court and should conduct themselvesaccordingly. Therefore, each reporter must abide by the rules of professionalresponsibility and ethics promulgated by the National Court ReportersAssociation and/or the National Verbatim Reporters Association, depending onthe reporter's recording membership and certification.

Duties and Responsibilities of an Official Court Reporter



November 1, 2010

C. Private Work

Reporters, as employees of the Judicial Branch, should be available in thecourthouse to which they have been assigned during normal working hours, as needed. When not actually recording court proceedings, reporters should use their time for (1)administrative duties or (2) the preparation of any transcripts that have been orderedor requested.

A Reporter may not perform private reporting or transcribing work during hisor her regular forty-hour workweek, Monday through Friday. Further, if there is aconflict between official and private reporting work after the forty-hour workweek,the court reporter must postpone the private work. For example, if a reporter agreesto take a deposition on a weekend or after regular work hours and the trial judgedecides to hold court at that same time, the reporter must cancel the deposition work.

D. Supervision

A Reporter is an officer of the court. Accordingly, while the reporter isadministratively supervised by his or her hiring authority, the presiding judgesupervises the reporter during the course of court proceedings.

Hiring Procedures



November 1, 2010

A. Types of Reporters

There are three types of Official Court Reporters employed to work in theSuperior Court Division of the North Carolina General Court of Justice:

1. Resident Official Court Reporters who are hired by the SeniorResident Superior Court Judge (Residents);

2. Resident Official Court Reporters who are hired by theAdministrative Office of the Courts (AOC Residents);

3. Roving Official Court Reporters who are hired by theAdministrative Office of the Courts (Rovers).

Contractors may also be retained to work for the Judicial Branch to coverSuperior Court and/or prepare transcripts on a contractual basis.

B. Hiring Policy

Any person wishing to serve as a Contractor or Official Court Reporter inSuperior Court must meet the following educational and certification requirements:

1. Education Requirements: The reporter must have completed a courtreporter course or program either

a) Approved by the National Court Reporters Association or b) Endorsed by the National Verbatim Reporters Association.

This provision may be waived, based upon training and experience, at thediscretion of the Court Reporting Manager and/or other hiring authority.

2. Certification Requirements: The reporter must possess a currentcertification from

a) The National Court Reporters Association (RPR),b) The National Verbatim Reporters Association (CVR), orc) The State of North Carolina Board of Examiners for Court

Reporting Standards and Testing (prior to 1998).

Salaried court reporters already employed by the State as of 5 June 1998 areexempt from these requirements. Similarly, Contractors already appearing on theAOC contract list as of 5 June 1998 may continue to serve as such even if they do notmeet these conditions. Any freelance reporter applying for a salaried position,however, must meet these requirements. Except as it may fall within this exception,this requirement may not be waived.

3. Continuing Education Requirements: Reporters who have obtaineda national certification (RPR or CVR) must earn sufficient continuing educationcredits to maintain the national certification. Official reporters who do not possess a

Hiring Procedures



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national certification must complete ten hours of continuing education. Such reportersshould submit proof of their continuing education to their hiring authority annually.

A reporter's hiring authority should verify sufficient continuing education hasbeen completed at the time of the reporters' annual Performance Evaluation. TheCourt Reporting Manager will assist with such verification when requested.

Failure to comply with this requirement may result in termination ofemployment as an official court reporter.

C. Hiring Assistance Provided by the AOC

The Court Reporting Manager will assist any Senior Resident Superior CourtJudge with applying these hiring requirements. This assistance may include

Pre-screening applications,Participating in interviews,Verifying certification and course completion, and/orAdvertising the position in state and national court reporting publications.

Judges with vacant reporting positions who would like the AOC to pre-screenapplicants or otherwise assist in the hiring process should contact the AssistantDirector's Office.

D. Salary

Reporters are salaried employees classified at a pay grade determined by theAOC. Starting salaries are recommended by the hiring authority and authorized by theAOC Deputy Director for Human Resources, taking into consideration court reportingexperience and training, availability of funding and the current salaries of other officialcourt reporters. Transcript fees are not included in these base salary figures.

Reporters are employed to work a forty-hour workweek, and theircompensation is fixed in terms of such a workweek. Reporters are compensatedseparately for transcript production either by the State in indigent criminal cases or bythe parties in civil actions and non-indigent criminal matters.

E. Salary Supplements

Reporters who earn a Registered Merit Reporter (RMR) certification from theNational Court Reporters Association or a Certificate of Merit (CM) from theNational Verbatim Reporters Association are eligible to receive a salary supplement of5%.

Reporters who earn a Certified Realtime Reporter (CRR) certification from theNational Court Reporters Association or a Realtime Verbatim Reporter (RVR)certification from the National Verbatim Reporters Association or a Federal CertifiedRealtime Reporter (FCRR) from the United States Court Reporters Association areeligible to receive a salary supplement of 25%.

Hiring Procedures



November 1, 2010

Once a reporter passes all segments of the certification examination, thereporter should forward a copy of the certificate or notification letter along with acopy of their most recent Performance Evaluation to: AOC Court ReportingManager, Post Office Box 2448, Raleigh, North Carolina 27602. The salaryadjustment will become effective during the pay period immediately following theAOC's receipt of the certificate or notification letter copy and is not retroactive in anyway.

These salary supplements will be available to all reporters regardless of wherean individual reporter stands in the pay range. The supplements will be applied to theemployee's base pay.

Assignment of Official Court Reporters



November 1, 2010

A. General Policy

Residents and AOC Residents are assigned to cover court in their homeDistricts as well as surrounding districts as court coverage needs dictate. Rovers,while based in home districts, are assigned on a weekly basis to cover court sessionswhere assigned as court coverage needs dictate. Local scheduling coordinators areresponsible for assignments of Residents within their district. The Court ReportingManager and/or other members of the Assistant Director's staff are responsible forassignments of Rovers, AOC Residents, and the coordination of assignments forResidents in courts outside their district.

Many factors influence to which court sessions or districts a reporter isassigned. These factors include but are not limited to the number of court sessionsscheduled in a particular district, vacation and sick leave schedules, and transcriptworkload. After examining these factors, it may be necessary to assign one or morereporters in a district to cover sessions of court in other districts. Every reasonableeffort will be made to limit outside assignments of this sort to nearby districts and toprevent any such assignment from becoming a hardship on the reporter.

Additionally, reporters in districts with high caseload volumes may be subjectto a rotational assignment schedule as court needs dictate. This schedule wouldoperate to allow each reporter in the high caseload district time out of courtperiodically. The reporter would use this time out of court to address his or hertranscript backlog. The implementation of a rotational assignment schedule is withinthe discretion of the Court Reporting Manager in reviewing monthly transcript logsand in consultation with local scheduling coordinators and other members of theAssistant Director's staff.

B. Scheduling

Scheduling of court reporters is done electronically as part of the Judges'Commissioning System. Local scheduling coordinators have access to the CourtReporter Schedule Listing and are responsible for the scheduling of all Residents forthe sessions of court within their districts. They should designate which Residents areassigned to which session. Sessions where no reporter is needed should be designatedas "NRN." Sessions which will be recorded with audio/video equipment should alsobe so designated.

Where, as a result of special sessions or vacation/sick leave of Residents, thereare not sufficient Residents to cover each session of court in a district, sessionsneeding such coverage should be designated as "TBA" by the local schedulingcoordinator. Rovers and/or Residents from other districts will then be assigned by theOffice of the Assistant Director.

Rovers and resident court reporters assigned outside their district will receivetheir final assignments by e-mail during the week prior. All court reporters may checktheir future assignments by entering their e-mail address athttp://www1.aoc.state.nc.us/jcspublic/email/request.do. The Judges CommissionSystem will automatically generate and send to them an e-mail outlining theirassignments for the next six weeks. Court Reporters should remember, however, that,due to holdovers, illness, and other unexpected emergencies, assignments are subject




November 1, 2010

to change without notice. Reporters should not make travel arrangements or otherplans related to their schedule until they have received confirmation of their finalassignment.

All reporters are required to inform the local scheduling coordinator when theircourt finishes for the week and are then considered available for assignment in otherdistricts as court coverage needs dictate. If the local scheduling coordinator is notavailable, reporters should contact the Assistant Director's Office. Once their courtfinishes, the remaining days of the session should be designated as “NRN.” A reporteravailable for assignment would be designated in the scheduling system as "A."

When arranging for court coverage in emergency or other last-minutesituations, the local scheduling coordinator should contact the Assistant Director'sOffice for coordination of such assignments and should remember the followingguidelines which will assist you in finding an additional reporter:

1. Be prepared to discuss the transcript backlog of the reporters in yourdistrict in the event a substitution needs to be made based on transcriptworkload or the nature of the new special session.

2. If the special session is expected to carry over for several weeks, thisshould also be discussed with the Court Reporting Manager to ensureproper arrangements are made for a reporter to continue with the trialor to be relieved by another reporter.

3. If your special session is a case or hearing involving imposition of thedeath penalty, you must inform the Court Reporting Manager of thatfact, as there are special requirements for reporters who are allowed totake death penalty cases or hearings.

C. Prohibition on Hiring Replacements

The Assistant Director's Office and each district's local scheduling coordinator areresponsible for covering sessions of court. Accordingly, under no circumstances may aReporter hire a Contractor to cover his or her court assignment.

D. Assignment of Reporters in Cases Involving the Death Penalty

1. Qualifications and Experience

To be eligible to be assigned as a court reporter in any trial, evidentiaryhearing or post-trial hearing involving imposition of the death penalty, areporter must have the knowledge and experience necessary for assignment tosuch a trial or hearing. The reporter must also demonstrate that he or she canapply that knowledge and experience with appropriate thoroughness in thepreparation of pretrial or post-trial transcripts and that he or she can meet thedeadlines set forth in Rule 7 of the Rules of Appellate Procedure.

A candidate for such an assignment must demonstrate that he or she, inaddition to other qualifications:




November 1, 2010

a. Has at least one year experience as an official court reporterwithin a State court system;

b. Has experience in trials in which jury selection, openingstatements, closing arguments, and bench conferences werereported;

c. Has consistently completed transcripts in a timely mannerwithout the need for multiple extensions of time; and

d. Where available, realtime reporters will be assigned to casesinvolving the death penalty.

The Court Reporting Manager will determine, in his or her discretion,whether a reporter has satisfied these requirements and is therefore eligible forassignment to a case involving the imposition of the death penalty.

It is the intention of the Administrative Office of the Courts to assignrealtime court reporters to cases involving the imposition of the death penaltywhen feasible.

2. Waiver

If a reporter cannot meet one or more of the requirements set forthabove, the Court Reporting Manager, upon determination that the reporter hassufficient knowledge and skill to report a trial or hearing involving theimposition of the death penalty, may waive such requirement(s). The SeniorResident Superior Court Judge in the county in which the trial or hearing isbeing held or the Presiding Trial Judge may also waive these requirements.

Vacation and Sick Leave



November 1, 2010

A. Vacation Leave

All salaried Reporters earn and accumulate vacation leave on the same basis asother leave-earning State employees. Vacation leave may be accumulated from oneyear to the next, up to a maximum of 240 hours. If on December 31 of any year anemployee has accumulated more than 240 hours of vacation leave, the excess hourswill be converted to sick leave, with only the 240 hours of vacation leave carriedforward to January 1 of the next calendar year. Upon termination of employment, thereporter will receive a lump sum payment for any unused vacation leave, up to the240-hour maximum.

The State vacation leave accrual schedule is as follows:

Years of Service Leave AccumulatedEach Month

Total Leave AccumulatedEach Year

less than 2 years 7 hours, 50 minutes 11 3/4 days

more than 2 yearsbut less than 5 years 9 hours, 10 minutes 13 3/4 days




20 or more years 17 hours, 10 minutes 25 3/4 days

In the same manner that judges are requested to provide advance vacationplans, Reporters should give notice of requests for vacation time as far in advance aspossible. By planning in advance, coverage problems can be minimized and the limitedcourt reporting resources can be most effectively and efficiently used to ensure that allSuperior Court sessions are covered.

Requests for vacation should be made in writing at least four weeks in advanceand approved by a Reporter's hiring authority after consultation with the AssistantDirector's Office. Local scheduling coordinators should not approve vacation requestswithout the agreement of the Assistant Director's Office. A reporter who has receivedapproval for vacation time should not appear in the Court Reporter Schedule Listingsection of the Judges Commission System as being available for assignment but shouldbe designated as "V."




November 1, 2010

When submitting a request for vacation leave, a reporter should bear in mindthe following guidelines:

< At least one of the requested vacation weeks should be one ofthe four weeks during the calendar year in which there are noregularly scheduled superior court sessions (i.e., one of the"no-court weeks").

< If the reporter works in a district with two or more reporters,he or she should coordinate the request with those of his or herco-workers.

< The court schedule can ordinarily accommodate six vacationrequests for any given week. If multiple reporters request thesame vacation week, it may not be possible to approve allrequests. If a request is not approved the Reporter may beasked to either (1) select a different vacation week or (2) renewthe request and ask to be placed on a waiting list. Whether areporter on the waiting list receives approval will depend on theavailability of a replacement reporter.

< Except in cases of emergency, requests for vacation made lessthan four weeks in advance will not be approved.

At times it may be necessary for a court to be in session during one of the fourweeks when superior court is not normally held. When such a situation occurs, aResident reporter for that district will be expected to work during that week. If areporter wants to be assured of not facing such a situation, he or she must requestvacation leave in advance for that "no-court week." A Rover would then be assignedto work in that court.

B. Court Recesses and Adverse Weather

All salaried Reporters are compensated on the basis of a 40-hour workweek. Therefore, if the court to which a reporter is assigned should recess early in the week,the reporter must either (1) make him or herself available for assignment during theremainder of the week or (2) take the remaining hours of the week as vacation time.

Additionally, if a court session is canceled due to adverse weather, the courtreporter must either (1) make him or herself available for assignment or (2) takevacation time. This is consistent with the Judicial Branch adverse weather policy,which provides as follows: "When it has been determined that an office will be closedand services will be suspended because of adverse weather, time lost will be chargedto vacation leave."

C. Sick Leave

All salaried court reporters earn eight hours of sick leave each month. There isno limit on the amount of sick leave an employee may accumulate. The State does notpay employees for unused sick leave at termination of employment. Employees may,however, receive credit for unused sick leave when computing their "creditableservice" for retirement purposes.




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An employee may use sick leave for the following purposes:

• Absences from work due to illness or injury;• Time out of work for medical and dental appointments;• Time spent caring for a sick spouse, child, parent, or other

dependent living in the household; and• Time away from work for funeral services and for

compassionate consideration when there is a death in theemployee's immediate family (which includes spouses, mothers,fathers, siblings, children, grandparents, grandchildren, andsimilar step, half, or in-law relationships).

A reporter requesting sick leave in a non-emergency situation should receivethe prior approval of his or her hiring authority. A reporter who has received suchapproval should not appear in the Court Reporter Schedule Listing section of theJudges Commission System as being available for assignment but should be designatedas "L."

If a reporter requests a replacement for a full week of court due to illness, sickleave will be charged for the full time period that the reporter is unable to work. Forexample, if a reporter is too ill to cover his or her week's assignment, he or she will becharged 40 hours (5 days) of sick leave even if the court session finishes before Fridayafternoon. Similarly, if a court reporter has a doctor's appointment and the court towhich he or she is assigned finishes before the day or time of this appointment, thereporter is still required to take sick leave for the time he or she is unavailable becauseof this appointment. In short, salaried court reporters are paid on the basis of a40-hour workweek, and, therefore, any time a reporter is not working in court oravailable for assignment he or she must take leave time.

D. Paid Holidays

Official court reporters, like all State employees, receive paid holidays. Reporters should consult the holiday schedule published annually by the AOC forspecific dates. The following holidays are generally observed:

New Year's Day Martin Luther King, Jr. Day Good Friday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving (2 days) Christmas (2-3 days)

When an official court reporter is assigned to a court that requires the courtreporter's presence on a designated State holiday, the reporter, after making theappropriate entries in BEACON and approval by their supervisor, would be eligible toreceive Holiday Premium Pay and Holiday Comp Time.




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E. Community Service Leave

In recognition of the State's diverse needs for volunteers to support schools,communities, citizens and non-profit organizations, and recognizing the commitmentof Judicial Branch employees to engage in volunteer service, Community ServiceLeave, within the parameters outlined below, may be granted to:

• Parents for child involvement in the schools;• Any employee for volunteer activity in the schools or in a

Community Service Organization; or• Any employee for tutoring and mentoring in the schools

For purposes of Community Service Leave, the following definitions apply:

School: One that is authorized to operate under the laws of the State ofNorth Carolina and is either an elementary school, a middle school, ahigh school, or a childcare program.

Child: A son or daughter who is either a biological child, an adoptedchild, a foster child, a step-child, a legal ward, or a child of anemployee standing in loco parentis.

Community Service Organization: A non-profit, non-partisancommunity organization that is designated as an IRS Code 501(c)(3)agency, or a human service organization licensed or accredited to servecitizens with special needs including children, youth, and the elderly. Please note that, although religious organizations may be 501(c)(3)agencies, this leave does not apply to activities designed to promotereligious beliefs.

Unused Community Service Leave does not carry forward from one calendaryear to the next. Additionally, an employee may use only 24 hours of CommunityService Leave each year.

F. Bonus Leave

Full time employees in positions for which vacation leave records aremaintained in the Leave Tracking System by the Human Resources Division and whowere in leave earning status on September 30, 2002 are entitled to bonus leave. Thefollowing guidelines apply to the use of bonus leave:

1. Scheduling and Use of Bonus Leave: Before scheduling or usingbonus leave, a reporter should receive prior approval from their hiringauthority. It may be used for any purpose for which vacation leave is used andthe reporter may determine whether to charge approved leave to eithervacation leave or bonus leave.




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2. Accounting for Bonus Leave: Bonus leave is accounted for separatelyfrom vacation leave. Any balance of bonus leave on December 31 will beretained by the employee and transferred into the next calendar year. It willnot be considered as part of the maximum 240 hours of vacation leave that canbe retained. Bonus leave will not be subject to conversion to sick leave.

3. Transfer: Any balance of bonus leave will be transferred with anemployee who transfers to another state agency eligible for bonus leave.

4. Separation/Status Change: Any balance of bonus leave will be paid inaddition to vacation leave if a reporter leaves state government or changes to anon-leave earning status.

5. Miscellaneous Provisions: Bonus leave may be applied to negativebalances of ether vacation or sick leave with the approval of the employee andthe hiring authority. Bonus leave may be donated to another employee underthe Voluntary Shared Leave provisions. Bonus leave shall be exhausted alongwith vacation and sick leave before requesting or using voluntary shared leave.

G. Continuing Education Leave Time

It is not necessary to use annual leave time for any continuing education eventfor which a reporter is acquiring credits toward the fulfillment of the mandatorycontinuing education requirement provided that the reporter provide a statement ofcredits earned for the event to the reporter's hiring authority.

Transcript Production and Delivery



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A. General Policy

Transcripts are produced on a contract basis in accordance with Rule 7 of theRules of Appellate Procedure. In civil and non-indigent criminal cases, the contract ismade between the reporter and the appellant or requester according to terms agreedupon by the reporter and appellant/requester. In indigent criminal cases, the contractis between the Reporter and the State of North Carolina according to terms set out inthe Court Reporting Manual. The reporter agrees at the time of employment to bebound by such terms and by any changes or amendments made thereto in subsequentpublications of the Court Reporting Manual.

Court reporters should produce and deliver transcripts within the timedeadlines imposed by Rule 7 of the North Carolina Rules of Appellate Procedurewithout need for an extension of time. If a reporter deems that, in the unusual case, anextension of time is necessary, the reporter should contact the appellate attorney sothat the extension can be secured from the appropriate court prior to the deliverydeadline imposed by Rule 7. It is considered the better practice for a reporter to makecontact with the appellate attorney early in the transcript production process andadvise them of an expected completion time and delivery date so that they may beprepared for early delivery or anticipate the need for any extensions.

Court reporters may also refer to the Checklist for Transcript Production andDelivery in the Forms section of this Handbook as a summary of the process.

B. Ordering of a Transcript for Appeal and Transcript Deadlines

Rule 7 governs the procedure for ordering transcripts for appeal which areclassified in two categories: indigent and non-indigent. Indigent cases include mostcriminal cases and the unusual civil case or special proceeding where there is a courtorder establishing the indigency of a party entitled to appointed appellate counsel. Non-indigent cases include most civil cases and criminal cases where there is no orderestablishing the indigency of the defendant for the appeal.

In Non-Indigent Cases, in accordance with Rule 7(a)(1), the appellant shallcontract with the court reporter within 14 days after notice of appeal is filed. Writtendocumentation of the contract should be filed by the appellant with the trial clerk andcopies served on all other parties and the reporter. The reporter will then have 60days to prepare and electronically deliver the transcript. In non-indigent capital cases,the reporter must prepare and deliver the transcript within 120 days from the datelisted on the Appellate Entries as "Date order delivered to transcriptionist."

In Indigent Cases, in accordance with Rule 7(a)(2) an appeal entries signed bythe judge is served on the court reporter by the clerk. Usually, this is done on formAOC-CR-530 ("Appellate Entries"). In non-capital cases, the reporter must prepareand deliver the transcript within 65 days from the date listed on the Appellate Entriesas "Date order delivered to transcriptionist." In indigent capital cases, the reportermust prepare and deliver the transcript within 125 days from the date listed on theAppellate Entries as "Date order delivered to transcriptionist."

In the unusual civil case or special proceeding there is an order establishingindigency, the Clerk should also include with any appeal entries delivered to thereporter a copy of the court's order establishing indigency for the appeal and a




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statement setting out the name, address, telephone number, and e-mail address of theindigent appellant's counsel.

C. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases

Cases appealed pursuant to N.C.G.S. § 7B-1001 are governed by the timeframes set out in Rule 3.1 of the Rules of Appellate Procedure which provides that,within one business day after notice of appeal is filed, the clerk notifies the CourtReporting Manager who assigns a transcriptionist to prepare the transcript, and theclerk forwards all recordings for the case to the assigned transcriptionist.

The transcriptionist then has 35 days from the date of assignment to prepareand deliver the transcript to appellate counsel. In accordance with Rule 3.1(c)(1),"Motions for extensions of time to prepare and deliver transcripts are disfavored andwill not be allowed by the Court of Appeals absent extraordinary circumstances."

D. Ordering of a Transcript for Non-Appeal Purposes

Transcripts may also be requested for purposes other than appeal. This is doneeither (1) by contract between the reporter and the party requesting the transcript; or(2) by written order of the court which should contain appropriate findings ofindigency and clearly set out which parties are to receive the transcript. Whether thetranscript is requested by contract or court order, the timeline for delivery of thetranscript should be agreed upon by the parties and/or included in the order at the timethe request/order is made.

E. Production of Transcripts and Priority of Cases

Except in the unusual case, reporters should give priority to appellatetranscripts. Priority among appellate transcripts is determined by the date on whichthe trial clerk's order or the requesting party's written arrangement was served on thereporter.

F. Extensions of Time to Produce Transcripts

If a reporter concludes that a transcript will not be completed prior to itsdeadline, the reporter should contact the appellate attorney at least 10 days prior to thedeadline and inform him or her that an extension will be necessary. The attorney willthen secure the extension from the appropriate court prior to the delivery deadlineimposed by Rule 7. In cases where the death penalty was imposed, all motions forextensions are made directly to the Supreme Court. In all cases not resulting in thedeath penalty, the first extension is sought from the trial court. All subsequentextensions are sought from the Court of Appeals.

While it is understood that some cases, especially in lengthy trials, maynecessitate extensions of time to produce the transcript, a third extension demonstratesan extreme mismanagement of time and/or other resources, and the Court ReportingManager is notified by the Court of Appeals upon the filing of a motion for this and all




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subsequent extensions.Upon this notification, the Court Reporting Manager, in his or her discretion,

may take action to correct such mismanagement by:

A. modifying the page rate to be paid for the transcript, decreasingit by ten percent; and/or

B. upon a fourth extension, modifying the page rate to be paid forthe transcript, decreasing it by twenty percent; and/or

C. upon a fifth extension, removing the reporter from the courtschedule and placing them on vacation or unpaid leave until thetranscript is completed.

Court reporters in all cases where extensions may be required, in addition tonotifying the appellate attorney, are encouraged to consult regularly with the CourtReporting Manager so that other avenues of assistance may be fully explored beforesuch measures are enforced. The Court Reporting Manager may also, in his or herdiscretion after consultation with the reporter, deem the delay in production anexceptional circumstance and waive punitive consequences.

G. Transcript Delivery

In accordance with Rule 7(b)(2) of the Rules of Appellate Procedure, courtreporters shall electronically deliver the completed transcript with accompanying PDFdisk to the parties including, in criminal cases, the district attorney and AttorneyGeneral of North Carolina.

This shall be accomplished in the following way:

1. Transcripts MUST be delivered in .PDF format. No otherformat is acceptable.

2. When a transcript has been completed, the court reporter willelectronically mail a copy of that transcript to the attorneys ofrecord and/or other parties requesting the transcript. In acriminal case, the transcript should be sent to the appellateattorney at the e-mail address provided, the district attorneyassigned to the case, and the Attorney General's office([email protected]).

3. After electronically mailing the transcript to the attorneys ofrecord and/or other parties requesting the transcript, the courtreporter will mail a CD containing a .PDF version of thetranscript to all of the same parties. Copies for the AttorneyGeneral’s Office should be sent to:

North Carolina Department of JusticeAppellate SectionPost Office Box 629Raleigh, North Carolina27602




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H. Certificate of Delivery

Rule 7(b)(2) provides that the reporter "shall certify to the clerk of the trialtribunal that the parties' copies have been so delivered, and shall send a copy of suchcertification to the appellate court to which the appeal is taken." This certificateshould also include, in addition to the date on which delivery was made, the date of theorder or request for the transcript and the number of pages included in the transcript.

The reporter should file the original certificate of delivery with the trial clerkand file a copy with the appropriate appellate court. The reporter also should includea copy of the certificate in any transcripts of the proceeding that he or she delivers tothe parties. Except in expedited cases, it is unnecessary to send a copy of thecertificate to the Administrative Office of the Courts.

When mailing materials to the North Carolina appellate courts, reportersshould use the following addresses:

Supreme Court of North CarolinaPost Office Box 1841Raleigh, North Carolina 27602

North Carolina Court of AppealsPost Office Box 2779Raleigh, North Carolina 27602

I. Certificate of Verbatim Transcript

The reporter also should certify that the transcript is a "true, correct andverbatim transcript" of the proceeding. A sample certification form is included in theAppendix Section of the Court Reporting Manual. The reporter should include andnumber this certificate as the last page of the bound transcript. It is unnecessary tosend a copy of this certificate to the AOC.

J. Electronic Filing of Transcripts

After receiving the transcript, the attorneys/parties follow the procedures setout in Rule 7 for filing the appeal and, at an appropriate time, are given a docketnumber for electronically filing with the appellate court which they provide to thecourt reporter for electronic filing of the transcript.

Once the court reporter receives the docket number from the appellateattorney, the reporter will, as quickly as possible, electronically file the transcript withthe appropriate appellate court according to the guidelines attached as CourtReporter/Transcriptionist Instructions for Electronic Filing of Documents in the NorthCarolina Supreme Court and Court of Appeals. (Reporters will only follow this stepin cases on appeal.)

Reporters with questions relating to electronic filing of transcripts shouldcontact the Court Reporting Manager at 919-831-5974 [email protected]. Reporters having problems registering or logginginto the website should direct their questions to the support line at 919-831-5708 or




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[email protected].

K. Continuing Duty to Produce Transcripts

At the time of employment, the reporter agrees that, after retirement or othertermination of employment, the reporter will remain responsible for the production anddelivery of verbatim transcripts of court proceedings recorded during the reporter'speriod of employment. The reporter also bears a continuing responsibility to provide acurrent mailing address and telephone number to the AOC.

L. Transcript Production Assistance

The AOC Court Reporting Manager is responsible for monitoring the work ofofficial court reporters to gauge whether they are delivering transcripts in a timelymanner. The Court Reporting Manager will use the reporters' monthly transcriptreports, along with other resources, in order to make these determinations.

If the Court Reporting Manager determines that, despite the diligent efforts ofthe reporter, transcription production assistance is necessary, the Court ReportingManager, at his or her discretion, may assist the reporter in catching up any backlog inone of the following ways:

1. Alter the reporter's regular schedule and assign them toadministrative sessions of court or other similar sessions whichwill probably not result in transcript requests/orders so thereporter will not continue to fall further behind.

2. Remove the reporter from the court schedule entirely, in whichcase the reporter would spend their time working solely ontranscript production. The reporter would also be either placedon vacation or unpaid leave or, in the unusual case, available forassignment. This is sometimes referred to as "typing time."

3. Reassign some or all of the reporter's outstanding transcripts. This would be done in consultation with the reporter's hiringauthority.

In deciding whether to grant transcript production assistance, the CourtReporting Manager will consider the following:

1. The nature of the reporter's assignments for the relevant period;2. How the reporter uses his or her time when not recording court

proceedings;3. The reporter's travel schedule and the amount of time assigned

away from the reporter's home district;4. The number of pending transcripts and the total number of

pages for these pending transcripts;5. The reporter's past record for timely production and delivery of

transcripts; and6. The reporter's past requests for transcript production time out




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of court.

If the Court Reporting Manager grants time out of court for transcriptproduction, the reporter must use the time allotted for actual typing and (1) takevacation or unpaid leave or (2) make himself or herself available for assignment. Forexample, if a reporter receives one week of "typing time," the reporter must spend theforty hours of that week preparing transcripts. The reporter must also spend the week(1) on vacation or unpaid leave or (2) available for assignment.

Because one reporter spending time out of court for transcript productionwould affect the schedules of many other reporters, a reporter's hiring authority shouldnot give "typing time" to reporters without consulting the Court Reporting Manager.

M. Transcript Format

When preparing transcripts, reporters should abide by the format guidelines setforth below.

1. Twenty-five typed lines per page (not counting headers orfooters) on standard 8.5" x 11" paper.

2. 10 or 12 pitch (font size)

3. Left-hand margin set at no more than 1-3/4 inches.

4. Right-hand margin set at no more than 3/8 inch.

5. Each question and answer begins on a separate line.

6. Each question and answer begins no more than five spaces fromthe left-hand margin with no more than five spaces from the Qand A to the text.

7. Carry-over Q and A lines begin at the left-hand margin.

8. Colloquy material begins no more than fifteen spaces from theleft-hand margin, with carry-over colloquy to the left-handmargin.

9. Quoted material begins no more than fifteen spaces from theleft-hand margin, with carry-over lines beginning no more thanten spaces from the left-hand margin.

10. Parentheticals and exhibit markings begin no more than fifteenspaces from the left-hand margin, with carry-over lines to beginno more than fifteen spaces from the left-hand margin.

11. Each line shall be typed in normal sentence case, not in alluppercase.




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12. The size of one volume of a transcript should not exceed 250pages.

13. If multiple volumes are needed, use continuous pagination fromone volume to the next.

14. Include times within the transcript (i.e., beginning and end ofeach day, recesses, jury deliberations, and other significantevents).

15. Use headers to identify examination of witness and/or speakeridentification during lengthy argument.

N. Transcript Fees

1. Criminal Superior Court -- Appeal Transcripts

The AOC will pay for the following in appeals from superior courtcriminal cases:

A. Where the defendant is indigent, both electronic copies oftranscript for the defendant and for the State; or

B. Where the defendant is not indigent, one copy of the transcriptfor the State. A non-indigent defendant would be expected topay for his/her copy of the transcript privately.

Where the defendant is indigent, the AOC will compensate the reporterat the rate of $2.50 per page for the original only. Where the defendant is notindigent, the AOC will compensate the reporter for the State's copy at the rateof $0.75 per page upon written order of the Court unless the State was therequesting party of the original transcript. A non-indigent defendant must bearthe cost of his or her own transcript at the prevailing market rate.

The AOC will pay only for one original transcript per case. The AOCwill not pay for additional copies of transcripts as, once produced, the originaltranscript is considered the property of the State of North Carolina and, assuch, may be copied/distributed accordingly.

2. Criminal Superior Court -- Other Transcripts

In addition to appeal transcripts, the AOC will pay for other types ofcriminal superior court transcripts in certain circumstances upon written orderof the Court which includes findings that the party requesting the transcript isindigent and/or otherwise directing the State of North Carolina to bear the costof production. For example:

A. Guilty pleas;




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B. Previous mistrials;C. Preliminary hearings;D. Grand jury proceedings; andE. Deposition transcripts of unavailable witnesses.

These will be handled like appeal transcripts: an original fee of $2.50per page will be paid by the AOC. Just as with appeal transcripts, the AOCwill not pay for transcripts of the matters listed above for non-indigentdefendants.

The AOC will not pay for the transcript of an order in a criminal casebecause the AOC views the typing of orders as part of the administrative dutiesof a court reporter. The AOC also will not pay any postage and handlingexpenses associated with transcript delivery.

3. Civil Superior Court

The AOC ordinarily does not pay for transcripts in civil cases. Theparties themselves bear the cost of such transcripts at prevailing market rates,even where the party has sued as an indigent. The AOC also will not pay forthe transcript of a civil order. Again, the AOC views the typing of civil ordersas part of a court reporter's administrative duties.

4. Transcripts for Judges

On occasion, a judge will order for himself or herself a transcript of acriminal or civil proceeding. Common examples are hearings to settle therecord on appeal and recusal hearings. If the parties have not requested thetranscript, the reporter may bill the AOC for the judge's transcript at the rate of$2.50 per page. If, however, the parties have requested this same transcript,the judge ordinarily will receive a free electronic copy.

5. Criminal District Court

In a limited number of circumstances, an appeal may be taken from theDistrict Court directly to the Court of Appeals. In this instance, the clerk willassign a reporter/transcriptionist to prepare a transcript. The AOC will pay forproduction of transcripts in such cases in the same manner as in an appeal fromthe Superior Court.

In certain other circumstances, a judge will order the recording of aprobable cause hearing using the digital audio electronic recording equipment. The AOC's payment policy for guilty plea and probable cause transcripts indistrict court is the same as that used for similar transcripts prepared pursuantto court order in Superior Court.

6. Transcripts in Rule 3.1 (Juvenile Abuse/Neglect) Cases




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Due to the expedited nature of the transcript production in Rule 3.1(juvenile abuse/neglect) cases, the AOC will, upon approval of the CourtReporting Manager, compensate the reporter/transcriptionist at a rate of $3.00per page ($2.50/page rate plus a $.50/page expedited rate) for the originalonly. The additional expedited rate may be disapproved, in the discretion of theCourt Reporting Manager, for transcripts not delivered within the expeditedtime frames set out in Rule 3.1.

Under ordinary circumstances, only parties for whom counsel has beenappointed by the court or other State agency (i.e. the Appellate Defender'sOffice) would be entitled to a copy of the transcript as part of the rate paid byAOC. All other parties (including Departments of Social Services andnon-indigent parents) would bear the cost of copies of the transcript.

7. Other "Expedited" Transcripts

Production of transcripts in cases not referred to in Rule 3.1, in theunusual case, may also be expedited upon written order of the court, andreporters may be eligible in these limited instances for the additional expeditedrate. Reporters should be aware, however, that the Court Reporting Managermay disapprove the expedited rate, in his or her discretion, if it is determinedthat, despite the order of the Court, the transcript was not completed anddelivered on an expedited basis.

O. Receiving Payment

For indigent cases in which the AOC will pay for the production of atranscript, at the time of invoicing, the reporter/transcriptionist must submit (1) acompleted form AOC-A-42 ("Court Reporter Statement for Transcripts") and (2)either an Appellate Entries showing the defendant is indigent or the court's orderdirecting production of the transcript which, in a criminal matter, should indicatewhether the defendant is indigent.

Where the situation is unusual or complex, a brief explanatory letter or notefrom the reporter will facilitate the processing of the invoice. If a reporter has anyquestions or concerns regarding how the AOC's payment policies apply to a particularcase, the reporter should contact the AOC Court Reporting Manager before preparingthe transcript.

The reporter/transcriptionist should send the completed payment form, theAppellate Entries or court order and any explanatory note to: AOC Financial ServicesDivision, Post Office Box 2448, Raleigh, North Carolina 27602.

In all cases involving expedited production of transcripts, the expedited ratemust be approved by the Court Reporting Manager. The reporter/transcriptionistshould send the completed payment form, appellate entries or court order (the ordermust include the word "expedited"), and a copy of the Certificate of Deliveryestablishing expedited completion and delivery of the transcript to the AOC CourtReporting Manager at PO Box 2448, Raleigh, North Carolina 27602.




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P. Realtime Reporting and Rough Draft Transcripts

1. Hearing Impaired Defendants, Litigants, Witnesses and Jurors

Special requirements govern cases involving a hearing-impairedcriminal defendant, civil litigant, witness, or juror. In such cases, Chapter 8Bof the North Carolina General Statutes, or the Americans with Disabilities Act,or both, require the Judicial Branch to accommodate reasonably those personswith hearing impairments so that they may effectively participate in theproceedings.

Realtime reporting and rough draft transcript production are possibleaccommodations for the hearing impaired. In certain instances, a realtimereporter may be the only means of accommodation. There are, however, otheraccommodations for those persons with special needs, such as sign languageinterpreters and electronic assisted-hearing devices. The AOC will work withthe person in need of assistance and the local court officials to determine theappropriate accommodation.

2. Criminal Proceedings Where There Is No Hearing Impairment

The following guidelines apply when the State or the defendant isseeking the services of a realtime reporter in a criminal case:

A. The prosecutor, the defendant, or both must move the court toorder the provision of realtime services in the case. It is withinthe court's discretion to determine that such services arenecessary. The requesting party(ies) should file this motion asearly as possible in the case so that the local contact person andthe Court Reporting Manager will have adequate time toarrange for a realtime reporter should the court grant themotion.

B. If the reporter already assigned to the case does not possessrealtime capability, the local contact person and the CourtReporting Manager will work together to locate an official orfreelance reporter capable of providing realtime services in thecase.

C. In addition to the reporter's base salary (or daily contract rate),the AOC will compensate the reporter for the realtime serviceshe or she provides in the case. Specifically, the AOC will paythe reporter $0.50 per page for each page of the courtproceeding the parties and judge are allowed to view by linkingto the reporter's realtime equipment. If, for example, a day'sproceedings totaled 200 pages using Case View or other similarlitigation support software, the reporter would be entitled to$100.00 (regardless of how many case participants viewed thepages). Payment forms for these services should be sent, with acopy of the relevant court order, to the Court ReportingManager.

D. The parties also may move the court to order the production of




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rough draft transcripts. If the court grants the motion, the AOCwill pay the reporter $0.50 per page for the original. The AOCwill pay this rate either for (1) an electronic mail copy of therough draft transcript or (2) a rough draft transcript provided tothe parties on computer diskette. In a non-indigent criminalcase, the AOC will pay only for the State's copy of the roughdraft transcript, again at the rate of $0.50 per page. Paymentforms for these services should be sent, with a copy of therelevant court order, to the Court Reporting Manager.

E. Preparation of the final certified transcript, if ordered/requested,would be done according to the regular terms of transcriptproduction regardless of whether the reporter has providedrough draft transcripts in the case.

3. Civil Proceedings Where There Is No Hearing Impairment

The following guidelines apply when the parties to a civil action areseeking the services of a realtime reporter:

A. One or both of the parties must move the court to order theprovision of realtime services in the case. The judge may grantor deny the motion in his or her discretion. The requestingparty(ies) should file the motion as early as possible in the caseso that the local contact person and the Court ReportingManager will have adequate time to arrange for a realtimereporter should the court grant the motion.

B. If the reporter already assigned to the case by the AOCpossesses realtime capability, then the reporter may charge theparties additional amounts for his or her realtime services at theprevailing market rates. These services may include, forexample, rough draft transcripts and access for the parties to thereporter's litigation support software. This compensation willbe in addition to the reporter's base salary (or daily contractrate).

C. If the reporter already assigned by the AOC does not possessrealtime capability, then the local contact person and the CourtReporting Manager will attempt to arrange for an official orfreelance reporter with realtime capability. (If a freelancereporter is used, the parties must pay the amount, if any, bywhich the reporter's daily contract fee exceeds the Statecontractor rates.) The reporter may charge the partiesadditional amounts for his or her realtime services at theprevailing market rates. These services may include, forexample, rough draft transcripts and access for the parties to thereporter's litigation support software. This compensation willbe in addition to the reporter's base salary (or daily contractrate). If it becomes necessary to use a freelance reporter whodoes not appear on the AOC's contract list, the reporter mustmeet certain criteria before he or she may take the record of the




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proceedings. Specifically, the reporter must (1) have completeda nationally accredited or endorsed court reporter program and(2) possess a current national realtime certification. Thereporter also must agree that his or her original stenotype notesor stenomask recording of the proceeding are State propertypursuant to N.C.G.S. § 7A-95.

4. Assignment of Realtime Reporters

If it becomes necessary to secure the services of a realtime reporter, thelocal contact person in the district should contact the Court ReportingManager. The local contact person and the Court Reporting Manager willwork together to arrange for realtime services.

Records Storage and Retention



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A. Custody and Ownership of a Court Reporter's Materials

N.C.G.S. § 7A-95(c) provides that "[i]f stenograph, shorthand, or voicewriting equipment is used [to record court proceedings in superior court], the originaltapes, notes, discs or other records are the property of the State, and the clerk shallkeep them in his custody." Therefore, by statute, a court reporter's notes are theproperty of the State of North Carolina and the Clerk of Superior Court is the ultimatecustodian of the notes.

Similarly, Rule 17.1 of the Rules of Recordkeeping published by theAdministrative Office of the Courts provides, in pertinent part, as follows:

17.1 VERBATIM RECORD: The clerk shall maintain the original verbatimrecord of those court proceedings specified by statute to have such a recordmade. Such records may be made through an electronic recording deviceoperated by the clerk or by one of several techniques employed by courtreporters. Whether created by the clerk or a court reporter the originalrecording material of the proceedings [is] the property of the State and shall bekept under the control of the clerk of the county where the proceeding washeld. These materials shall include audio or videotapes, notes, discs, and anyother recording media.

While the court reporter is in the process of preparing a transcript of aproceeding, the recording material may be kept in the possession of the reporter. While in the reporter's possession, [it] shall be deemed to be in the custody of theclerk. Once the transcript is prepared, the recording material shall be transferred tothe clerk's office.

In short, the court reporter's original tapes, notes, discs or other records of theproceeding are State property of which the clerk is the ultimate custodian. Whilepreparing a transcript, however, the reporter may retain this material in his or herpossession. Upon completion of the transcript, the reporter must return the materialto the clerk.

B. Filing Requirements

The reporter must file his or her notes and other materials by session. Specifically, Rule 17.2 of the Rules of Recordkeeping provides, in pertinent part, asfollows:

17.2 LABELED AND ORGANIZED FOR FILING: The court reportershall prepare the original recording material so that it is labeled with the casenames and numbers of the proceedings it contains, and organized by courtsession date. Civil and criminal sessions shall be kept separate. Mixed sessionsshall be filed with the criminal session materials.

The reporter must prepare his or her original notes in such a manner thatmaterial relating to each session may be readily divided from other material. Allmaterial relating to each session must be (1) dated, (2) briefly identified, and (3) placed




November 1, 2010

in an envelope or folder. The reporter must designate the court and the date of thesession on the face of the envelope or folder. If the session included a proceeding in a capital case, the reporter should note thatinformation on the face of the envelope or folder. If a reporter has worked in morethan one session of court (i.e. in a different courtroom with a different judge), thematerials for the two sessions should be kept separate, and each session should begiven its own envelope or file folder. The reporter also must include within eachenvelope or file folder a list of each case reported during the session.

Finally, the reporter should include his or her name, address, and telephonenumber.

There are three options for where to file these materials:

1. In the clerk's office;2. In the office of the reporter at the courthouse; or 3. Any other location provided by the county that is authorized by

the clerk.

Reporters are prohibited from keeping their notes at any location other thanthese unless the reporter is in the process of preparing a transcript.

C. Court Reporter Contact Information

Each reporter who records a proceeding in a county must file with the Clerk ofSuperior Court in that county the following information:

1. Name of reporter;2. Home address;3. Office address, if any; 4. Home and office telephone numbers; and5. E-mail address.

D. Records Retention and Disposition Schedule

The AOC, in conjunction with the Division of Archives and History of theDepartment of Cultural Resources, has issued a retention and disposition schedule forcourt records. This schedule applies to all verbatim records, regardless of whether atranscript has been prepared from these records. The schedule for superior court casesmay be summarized as follows:

1. Capitally-tried cases: Retain the original tapes, notes, discs or otherrecords for 25 years; then destroy upon AOC approval.2. Superior court criminal cases other than capital cases: Retain theoriginal tapes, notes, discs or other records for 10 years; then destroy uponAOC approval.3. Civil superior court cases: Retain the original tapes, notes, discs orother records for 5 years; then destroy upon AOC approval.




November 1, 2010

Once a record is eligible for destruction pursuant to this schedule, only theclerk may request authorization from the AOC to destroy the record. Court reportersshould not destroy records.

State-Provided Equipment and Supplies



November 1, 2010

A. Equipment and Supplies

The Administrative Office of the Courts provides the following equipment andsupplies to salaried court reporters:

1. Normal office supplies (excluding paper used for transcripts andtranscript covers);

2. Paper and ribbons for stenograph machines;3. CD-ROM discs for voice writing machines; and4. Computer diskettes/CD-ROM discs.

The AOC does not provide equipment or supplies to contract court reporters. The AOC also does not provide reporters with computer hardware or software.

B. Requisition Procedure

Official resident court reporters should requisition supplies through their hiringauthority:

Residents should requisition supplies through the Trial Court Administrator orJudicial Assistant in the district to which they are assigned. When requesting supplies,district-based reporters should comply with the requirements of their Trial CourtAdministrator or Judicial Assistant in the district to which they are assigned.

Rovers and AOC Residents should requisition supplies through the CourtReporting Manager. When requesting supplies, Residents and Rovers should requestall supplies in writing, usually by completing form AOC-A-85 ("Stock SupplyRequest"). [Note: Supplies can only be delivered to physical addresses. They cannotbe delivered to post office boxes.]

C. Repair Procedure

If an official court reporter's equipment should need repairs, the reportershould abide by the following procedure:

1. The reporter delivers the machine to the authorized servicerepresentative who repairs the equipment and returns it to thereporter along with an invoice.

2. The reporter should pay the invoice and forward a copy toAOC for reimbursement. The reporter should complete formAOC-A-201 (Reimbursement Of Authorized Purchases ForBooks, Supplies, Equipment Or Printing (Rev. 1/05)) and attach a letter to the invoice explaining that (1) the machinedoes not bear a State fixed asset system (FAS) number becauseit is not State property, but (2) the reporter uses the machinesolely for State business.

3. The reporter forwards the form, the invoice, and the letter tothe Court Reporting Manager.

State-Provided Equipment and Supplies



November 1, 2010

4. The AOC reimburses the amount of the invoice directly to thereporter.

D. Overhaul of Court Reporting Equipment

Once every year, the AOC will pay for the overhaul of an official reporter'scourt reporting equipment provided that the reporter uses the machine only for Statebusiness. Reporters who are eligible for an overhaul should follow the sameprocedure outlined above for equipment repair.

Travel Expenses



November 1, 2010

A. Mileage

1. Designation of Headquarters

The headquarters of a district-based reporter in a single-county districtis the county seat. The headquarters of a district-based reporter in amulti-county district is the county seat of the county in which the reporterresides. [Note: If the reporter resides in a county outside his or hermulti-county district, then the reporter's headquarters for travel purposes shallbe the county seat of the county in the district that is geographically closest tothe reporter's county of residence.]

The headquarters for a roving reporter is the county seat of the countyin which the reporter resides.

2. Computing Mileage

A reporter should compute mileage from the reporter's home orheadquarters, whichever is closer to the destination. A reporter is not entitledto mileage for commuting between the reporter's home and headquarters. Thefollowing examples may help illustrate these rules:

Out of district travel : A reporter is headquartered in Charlotte, butchooses to live in Gastonia. If assigned to cover court in Shelby, thereporter would compute mileage from his or her home (Gastonia), notfrom his or her headquarters (Charlotte), since Gastonia is closer toShelby. If assigned to cover court in Monroe, however, the reporterwould compute mileage from Charlotte. This reporter would not,however, be entitled to reimbursement for mileage when assigned tocover court in Charlotte.Travel within a multi-county district (reporter lives inheadquarters): An official reporter for District 19B resides inRandolph County and therefore is headquartered in Asheboro. Thereporter also lives in Asheboro. When covering court in Troy, thereporter would be entitled to reimbursement for the mileage betweenAsheboro and Troy.Travel within a multi-county district (reporter does not li ve inheadquarters): An official reporter for District 15B resides in OrangeCounty and therefore is headquartered in Hillsborough. The reporterlives, however, in Chapel Hill. When covering court in Pittsboro, thereporter would be entitled to reimbursement for the mileage betweenChapel Hill and Pittsboro. The reporter would not, however, beentitled to reimbursement for mileage when covering court inHillsborough.

3. Mileage Reimbursement Rate

When a reporter is entitled to reimbursement for mileage, he or shemay receive reimbursement at the current rate set by the Administrative Office

Travel Expenses



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of the Courts. This mileage rate is subject to change at any time.

B. Overnight and Daily Travel Expenses other than Mileage

1. Overnight Travel Expenses

If a reporter must travel farther than 50 miles one way to anassignment, the State will pay overnight expenses in addition to mileage. (Areporter may receive overnight expenses for the night before the assignment ifthe reporter would have to leave his or her headquarters prior to 6:00 AM inorder to arrive on time for the assignment.) Reporters traveling overnight mayreceive allowances at the current rate approved by the Administrative Office ofthe Courts:

Breakfast: A reporter may receive an allowance for breakfast on the day ofdeparture only if the reporter departs from headquarters or home priorto 6:00 AM.

Lunch: To receive an allowance for lunch on the day of departure, the reportermust depart from headquarters or home prior to noon. To receive anallowance for lunch on the day of return, the reporter must return toheadquarters or home after 2:00 PM.

Dinner: To receive an allowance for dinner on the day of return, the reportermust return to headquarters or home after 8:00 PM.

Lodging: Actual cost up to the current rate approved by the AdministrativeOffice of the Courts plus any room taxes. In order to receivereimbursement for lodging, the reporter must attach the itemized dailyhotel or motel receipt, not a credit card slip, to the travelreimbursement form.

Any reporter contemplating overnight travel should consult the CourtReporting Manager before making travel arrangements as any overnight travelwithout prior approval of the Court Reporting Manager will not be reimbursed.

2. Daily Travel Expenses

Reporters who are not traveling overnight may receive meal allowancesat the current rate approved by the Administrative Office of the Courts incertain circumstances. The guidelines are as follows:

Breakfast: A reporter may receive an allowance for breakfast only if thereporter (1) departs from headquarters or home prior to 6:00 AM and(2) extends his or her normal workday by two hours.

Lunch: Not reimbursable.Dinner: A reporter may receive an allowance for supper only if the reporter

(1) returns to headquarters or home after 8:00 PM and (2) extends hisor her normal workday by three hours.

3. Parking

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November 1, 2010

Reporters also may receive reimbursement for parking charges. If thetotal cost is $2.00 or more for a single day, the reporter must submit theparking receipt(s) in order to receive reimbursement.

C. Travel Reimbursement for Seminars

The Administrative Office of the Courts will reimburse an official reporter forthe travel expenses associated with the annual AOC-sponsored professionaldevelopment seminar. These expenses may include mileage, meals, lodging, andparking consistent with the rules set forth above. The AOC ordinarily will notreimburse reporters for the travel and other expenses associated withnon-AOC-sponsored seminars.

D. Receiving Reimbursement for Travel Expenses

In order to receive reimbursement for mileage and other travel expenses, areporter must complete form AOC-A-25 ("Reimbursement of Travel and OtherExpenses Incurred in the Discharge of Official Business"). The following are severalguidelines for completing the form: The reporter should provide his or her social security number in the "Payee'sName and Address" box at the top of the form.

Both the reporter and his or her supervisor must sign the form. Residentsshould have their senior resident superior court judge sign the form. The CourtReporting Manager will sign the forms for Rovers, AOC Residents, and Contractors. In order to receive reimbursement for meals, the reporter must list departureand return times.

In order to receive reimbursement for lodging, the reporter must provide theactual hotel or motel receipt, not a credit card slip. This receipt must itemize thelodging expenses for each day of the reporter's stay. No receipts are required for meals. If the total cost of parking is $2.00 or more for a single day, the reporter mustprovide the parking receipt(s) in order to receive reimbursement.

Resident official reporters should forward their completed and signedreimbursement forms to: AOC Controller's Office, Post Office Box 2448, Raleigh,North Carolina 27602.

Rovers, AOC Residents, and Contractors should forward their completed andsigned reimbursement forms to: AOC Court Reporting Manager, Post Office Box2448, Raleigh, North Carolina 27602.

N.C.G.S. § 138-6(c) provides that "All reimbursement requests shall be filedfor approval and payment within 30 days after the travel period for which thereimbursement is being requested." Reporters therefore must submit their paymentrequests to the AOC Controller's Office within 30 days after the end of the month inwhich the travel occurred. The AOC will deny reimbursement requests submitted afterthis deadline.

Travel Expenses



November 1, 2010

E. Assignment of State Vehicles

If a reporter consistently exceeds a certain amount of miles per month oftravel, he or she may be eligible to receive a State vehicle. The determination of howmany miles qualifies a reporter for a state vehicle will be based off of the currentmileage rate. If a reporter is offered a State vehicle and rejects the offer, that reporterwould then only be reimbursed mileage at the current motor fleet rate.

Statistical Reporting



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A. Official Court Reporter Recordkeeping

N.C.G.S. § 7A-346 provides, “All . . . officers or employees of the courts andof offices directly related to and serving the courts shall on request furnish to theAdministrative Officer information and statistical data relative to the work of thecourts and of such offices and relative to the receipt and expenditure of public moneysfor the operation thereof.”

Pursuant to this statutory authority, official reporters are required to completemonthly activity reports related to (1) use of work time and (2) transcript productionand backlog. The Court Reporting Manager will use these forms for administrativeand management purposes.

B. Time Accounting

All reporters should comply with the policies and procedures for BEACON inaccounting for their working time while recording court proceedings, performingadministrative tasks within the courthouse, and time spent available for assignment aswell as all leave time while on vacation, sick, or other leave during the regular 40-hourworkweek. Entries in BEACON are approved by the reporter's hiring authority.

C. Transcript Production

In addition to accounting for time spent during the regular 40-hour workweek,each reporter shall file with the Court Reporting Manager a completed "CourtReporter's Monthly Report" by the 10th day of each month. This form requires thereporter to document transcripts completed and delivered as well as transcript pagesoutstanding during the preceding month. For example, a reporter would file a reportfor transcript production in January by the 10th of February. This is usually done bye-mail.

The Court Reporting Manager uses this information in coordinating thescheduling of court reporters, in addressing production backlogs and delinquenttranscripts, and in compiling and regularly keeping statistics for the entire courtreporting program.

Regulations for Contractors



November 1, 2010

A. General Policy

It is the intention of the AOC that, when hired to work as a Contractor, areporter would be expected to fulfill all the same duties and responsibilities and besubject to all the same regulations and comply with all the same policies set forthpreviously in this Handbook for Official Court Reporters, including but not limited toeligibility requirements and scheduling, travel reimbursement, and transcriptproduction policies. In essence, during the time contracted to work, a Contractorwould operate as if they were a regular employee.

B. Contract Rates

The AOC Assistant Director's Office will arrange for the Contractor to workon either a daily or weekly basis. If a Contractor is assigned to superior court on adaily basis, he or she will receive payment at the rate of $80.00 per day. Contractorsassigned on a weekly basis will receive payment at the rate of $400.00 per week.

When a Contractor agrees to cover an entire week of court, he or she will beconsidered to be available to work for the full five days. Accordingly, Contractors arerequired to inform the Assistant Director's Office so that they can be assigned to othercourts as needed during the week.

If court finishes before 2:00 PM on Tuesday and the reporter is not needed forassignment to another court, the reporter will receive half the weekly contract fee (i.e.,$200.00). If, however, the Monday of the court week is a holiday, the reporter willreceive only $80.00 if court finishes on Tuesday and the reporter is not assignedelsewhere.

C. Payment Forms

1. Contractual Services Form

In order to receive the contract fee, Contractors must complete formAOC-A-43 ("Statement for Contractual Court Reporter Services"). Thefollowing information may assist freelance reporters in completing the form:

• Contractors may complete the form by hand so long as theinformation is legible.

• The Court Reporting Manager should sign the form in theAssignment and Authorization section.

• If the presiding judge has rotated out of district and is thereforeunavailable, another superior court judge may sign the form inthe Certification section.

• The reporter should complete one form for each assigned weekof court. Therefore, if the reporter spends Monday andTuesday in one county, but is assigned to another county onWednesday, Thursday and Friday, the reporter need only submita single form for the entire week. The reporter should explainon the form or in an accompanying letter, however, that he or

Regulations for Contractors



November 1, 2010

she served in more than one county.• In order to receive reimbursement for allowable travel expenses,

the contractor must complete form AOC-A-25 as outlinedpreviously in this Handbook. The reporter should not includecharges for travel expenses on the contractual services formitself.

• The reporter should read carefully the information on thereverse of the form.

Contractors should forward their completed contractual services formsto: AOC Court Reporting Manager, Post Office Box 2448, Raleigh, NorthCarolina 27602.

Electronic Recording Equipment and Transcription



November 1, 2010

A. Use of Court Reporters in District Court at State Expense

As a general rule, only electronic digital recording equipment may be used fortaking the official verbatim record of district court proceedings, whether in criminal,civil, or juvenile matters. In certain circumstances, proceedings in Superior Court mayalso be recorded in the same manner. The recording of the proceedings is the officialrecord.

A live court reporter may be retained to record district court proceedings onlywhere: (1) the presiding judge allows the use of a live reporter and (2) the partiesthemselves bear the entire cost of the reporter's services.

In a limited number of circumstances, the AOC will, upon written order of theCourt, provide a reporter, if available, to record and prepare transcripts of proceedingsin the District Court. Reporters will only be provided in cases that would have alreadybeen subject to the usual electronic recording and where the requesting party has beenfound indigent (i.e. juvenile cases).

However, Superior Court would always take priority. If there are no officialreporters available, the State will not hire Contractors to record proceedings in DistrictCourt. In this circumstance, either the proceeding would have to be recorded by theclerk in the usual manner or the parties themselves would bear the entire cost of areporter's services.

B. Video Recording in Superior Court

Video recording systems are currently in use in a handful of courtroomsaround the State. Where the video system is used, the recording is the official recordof the proceeding.

The video system ordinarily has multiple audio tracks. Therefore, in order toproduce an accurate transcript of a video proceeding, it is necessary for thetranscriptionist to have equipment that will allow him or her to listen separately toboth tracks.

C. Eligibility to Transcribe Electronic Recordings

Because the audio recording of the proceedings is the official record in districtcourt and certain sessions of superior court, the parties will need to arrange with aperson or firm to transcribe the recording if there is an appeal. To ensure compliancewith transcript production policies, the Administrative Office of the Courts (AOC)maintains a list of persons authorized to transcribe recordings in district and/orsuperior court. Unless waived by agreement of all parties to a matter, transcripts ofelectronic recordings must be produced by a person authorized by AOC and appearingon this list.

Please note that the list will be alphabetized and explain that the AOC neitherendorses nor recommends any of the persons or firms on the list.

The AOC updates and distributes this list to the clerks' offices and districtcourt judges' offices annually. In order to assure that all AOC-authorizedtranscriptionists understand and stay current with policies and procedures for

Electronic Recording Equipment and Transcription



November 1, 2010

transcript production, any person wishing to appear on this list must request in writingthat he or she be added to the list, designating whether they wish to transcribe fromaudio or video recordings or both, and attend the annual training meetings conductedby the Court Reporting Manager.

In a limited number of circumstances, in the discretion of the Court ReportingManager, attendance at an annual training meeting may be waived. Unless attendancehas been waiving, transcriptionists failing to attend an annual meeting will be removedfrom the list. Because they would attend the regular AOC Court ReportingConferences, Official Court Reporters are not required to attend these meetings.

D. Obtaining District/Superior Court Recordings for Purposes of Transcription

Pursuant to the Rules of Recordkeeping promulgated by the AOC, the Officeof the Clerk of Superior Court bears the responsibility for operating the audiorecording system in the courtroom, maintaining a log of the proceedings recorded oneach tape, and storing the recordings at the conclusion of the proceedings.

Accordingly, any person needing to transcribe a court proceeding shouldrequest a duplicate tape of the proceeding from the clerk's office as well as aphotocopy of the log. The person making the request must either provide a blank discfor the clerk to use in making a copy or must pay the clerk for the cost of disc and thefee for photocopying the log form. In making this request for an audio recording ofdistrict court, the person ordinarily should complete and submit to the clerk formAOC-G-114 ("Request for Duplicate Copy of Verbatim Audio Court Record").

If, however, the proceeding is confidential, the requesting party shouldcomplete and submit to the clerk form AOC-G-115 ("Request and Order forAuthorizing Transcript of Confidential Proceeding"). Without an order from the courtdirecting the clerk to duplicate the recording and specifying the person entitled toreceive the duplicate recording, the clerk's office will not duplicate the recording of aconfidential proceeding.

Additionally, the clerk's office will not provide the original of any recording toa requesting party. The clerk's office will only provide a duplicate.

E. Transcript Production

All polices for transcript production have been outlined previously in theTranscript Production Section of this Handbook.

F. Equipment and Supplies

The AOC does not provide equipment or supplies to transcriptionists. Additionally, private transcriptionists should not use the transcribing equipment in theclerk's office.

COURT REPORTING HANDBOOK


November 1, 2010

Appendix A: Forms

Reimbursement of Travel and Other Expenses

Court Reporter Statement for Transcripts

Reimbursement of Authorized Purchases(Equipment Repair/Overhaul)

Court Reporter’s Monthly Report

Stock Supply Request

Statement for Contractual Court Reporter Services

Transcript of Plea

Appellate Entries

Request for Duplicate Copy of Verbatim Court Record

Request and Order Authorizing Transcriptof Confidential Proceeding



November 1, 2010

Appendix B

North Carolina General Statutes

North Carolina Rules of Appellate Procedure

Article 11. Special Regulations. § 7A-95. Reporting of trials. (a)Court reporting personnel shall be utilized if available, for the reporting of trials in the superior court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon the request of the senior regular resident superior court judge. (b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose. (c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some person designated by the clerk to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs or other records are the property of the State, and the clerk shall keep them in his custody. (d) Reporting of any trial may be waived by consent of the parties. (e) Appointment of a reporter or reporters for superior court proceedings in each district or set of districts as defined in G.S. 7A-41.1(a) shall be made by the senior regular resident superior court judge of that district or set of districts. The compensation and allowances of reporters in each such district or set of districts shall be fixed by the senior regular resident superior court judge, within limits determined by the Administrative Officer of the Courts, and paid by the State. (f) Repealed by Sessions Laws 1971, c. 377, s. 32. (1965, c. 310, s. 1; 1969, c. 1190, s. 7; 1971, c. 377, s. 32; 1987, c. 384, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 14.)

§ 7A-109. Record-keeping procedures. (a)Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of the Courts. Except as prohibited by law, these records shall be open to the inspection of the public during regular office hours, and shall include civil actions, special proceedings, estates, criminal actions, juvenile actions, minutes of the court, judgments, liens, lis pendens, and all other records required by law to be maintained. The rules prescribed by the Director shall be designed to accomplish the following purposes: (1) To provide an accurate record of every determinative legal action, proceeding, or event which may affect the person or property of any individual, firm, corporation, or association; (2) To provide a record during the pendency of a case that allows for the efficient handling of the matter by the court from its initiation to conclusion and also affords information as to the progress of the case; (3) To provide security against the loss or destruction of original documents during their useful life and a permanent record for historical uses; (4) To provide a system of indexing that will afford adequate access to all records maintained by the clerk; (5) To provide, to the extent possible, for the maintenance of records affecting the same action or proceeding in one rather than several units; and (6) To provide a reservoir of information useful to those interested in measuring the effectiveness of the laws and the efficiency of the courts in administering them. (b) The rules shall provide for indexing according to the minimum criteria set out below: (1) Civil actions. - the names of all parties; (2) Special proceedings. - the names of all parties; (3) Administration of estates. - the name of the estate and in the case of testacy the name of each devisee; (4) Criminal actions. - the names of all defendants;

(5) Juvenile actions. - the names of all juveniles; (6) Judgments, liens, lis pendens, etc. - the names of all parties against whom a lien has been created by the docketing of a judgment, notice of lien, transcript, certificate, or similar document and the names of all parties in those cases in which a notice of lis pendens has been filed with the clerk and abstracted on the judgment docket. (c) The rules shall require that all documents received for docketing shall be immediately indexed either on a permanent or temporary index. The rules may prescribe any technological process deemed appropriate for the economical and efficient indexing, storage and retrieval of information. (d) In order to facilitate public access to court records, except where public access is prohibited by law, the Director may enter into one or more nonexclusive contracts under reasonable cost recovery terms with third parties to provide remote electronic access to the records by the public. Costs recovered pursuant to this subsection shall be remitted to the State Treasurer to be held in the Court Information Technology Fund established in G.S. 7A-343.2. (e) If any contracts entered into under G.S. 7A-109(d) [subsection (d) of this section] are in effect during any calendar year, the Director of the Administrative Office of the Courts shall submit to the Joint Legislative Commission on Governmental Operations not later than February 1 of the following year a report on all those contracts. (Code, ss. 83, 95, 96, 97, 112, 1789; 1887, c. 178, s. 2; 1889, c. 181, s. 4; 1893, c. 52; 1899, c. 1, s. 17; cc. 82, 110; 1901, c. 2, s. 9; c. 89, s. 13; c. 550, s. 3; 1903, c. 51; c. 359, s. 6; 1905, c. 360, s. 2; Rev., s. 915; 1919, c. 78, s. 7; c. 152; c. 197, s. 4; c. 314; C.S., s. 952; 1937, c. 93; 1953, c. 259; c. 973, s. 3; 1959, c. 1073, s. 3; c. 1163, s. 3; 1961, c. 341, ss. 3, 4; c. 960; 1965, c. 489; 1967, c. 691, s. 39; c. 823, s. 2; 1971, c. 192; c. 363, s. 6; 1997-199, ss. 1, 2; 1999-237, s. 17.15(c).)

§ 7A-146. Administrative authority and duties of chief district judge. The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the operation of the district courts and magistrates in his district. These powers and duties include, but are not limited to, the following: (1) Arranging schedules and assigning district judges for sessions of district courts; (2) Arranging or supervising the calendaring of noncriminal matters for trial or hearing; (3) Supervising the clerk of superior court in the discharge of the clerical functions of the district court; (4) Assigning matters to magistrates, and consistent with the salaries set by the Administrative Officer of the Courts, prescribing times and places at which magistrates shall be available for the performance of their duties; however, the chief district judge may in writing delegate his authority to prescribe times and places at which magistrates in a particular county shall be available for the performance of their duties to another district court judge or the clerk of the superior court, and the person to whom such authority is delegated shall make monthly reports to the chief district judge of the times and places actually served by each magistrate; and (5) Making arrangements with proper authorities for the drawing of civil court jury panels and determining which sessions of district court shall be jury sessions; (6) Arranging for the reporting of civil cases by court reporters or other authorized means; (7) Arranging sessions, to the extent practicable for the trial of specialized cases, including traffic, domestic relations, and other types of cases, and assigning district judges to preside over these sessions so as to permit maximum practicable specialization by individual judges;

(8) Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(b), effective July 15, 1992. (9) Assigning magistrates during an emergency to temporary duty outside the county of their residence but within that district; and, upon the request of a chief district judge of an adjoining district and upon the approval of the Administrative Officer of the Courts, to temporary duty in the district of the requesting chief district judge; and (10) Designating another district judge of his district as acting chief district judge, to act during the absence or disability of the chief district judge. (1965, c. 310, s. 1; 1971, c. 377, s. 8; 1977, c. 945, s. 1; 1983, c. 586, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 85; 1985, c. 425, s. 2; c. 764, s. 8; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991 (Reg. Sess., 1992), c. 900, s. 118(b).)

§ 7A-198. Reporting of civil trials. (a)Court-reporting personnel shall be utilized, if available, for the reporting of civil trials in the district court. If court reporters are not available in any county, electronic or other mechanical devices shall be provided by the Administrative Office of the Courts upon request of the chief district judge. (b) The Administrative Office of the Courts shall from time to time investigate the state of the art and techniques of recording testimony, and shall provide such electronic or mechanical devices as are found to be most efficient for this purpose. (c) If an electronic or other mechanical device is utilized, it shall be the duty of the clerk of the superior court or some other person designated by him to operate the device while a trial is in progress, and the clerk shall thereafter preserve the record thus produced, which may be transcribed, as required, by any person designated by the Administrative Office of the Courts. If stenotype, shorthand, or stenomask equipment is used, the original tapes, notes, discs, or other records are the property of the State, and the clerk shall keep them in his custody. (d) Reporting of any trial may be waived by consent of the parties. (e) Reporting will not be provided in trials before magistrates or in hearings to adjudicate and dispose of infractions in the district court. (f) Appointment of a reporter or reporters for district court proceedings in each district court district shall be made by the chief district judge for that district. The compensation and allowances of reporters in each district shall be fixed by the chief district judge, within limits determined by the Administrative Officer of the Courts, and paid by the State. (g) A party to a civil trial in district court may request a private agreement from the opposing party or parties to share equally in the cost of a court reporter to be selected from a list provided by the Administrative Office of the Courts. If the opposing party does not consent to share this cost, the requesting party may nevertheless pay to have a court reporter present to record the trial and, in the event that the opposing party appeals the case, that party shall reimburse the party

providing the court reporter in full for the costs incurred for the court reporter's services and transcripts. In the event that the recording device in a civil trial conducted without a court reporter fails for any reason to provide a reasonably accurate record of the trial for purposes of appeal, then the trial judge shall grant a motion for a new trial made by a losing party whose request pursuant to this section to share the cost of a court reporter was not consented to by the opposing party. (1965, c. 310, s. 1; 1969, c. 1190, s. 18; 1985, c. 764, s. 13; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 384, s. 2; 1987 (Reg. Sess., 1988), c. 1037, s. 19; 1996, 2nd Ex. Sess., c. 18, s. 22.11.)

§ 7A-300. Expenses paid from State funds. (a)The operating expenses of the Judicial Department shall be paid from State funds, out of appropriations for this purpose made by the General Assembly, or from funds provided by local governments pursuant to G.S. 153A-212.1 and G.S. 160A-289.1. The Administrative Office of the Courts shall prepare budget estimates to cover these expenses, including therein the following items and such other items as are deemed necessary for the proper functioning of the Judicial Department: (1) Salaries, departmental expense, printing and other costs of the appellate division; (2) Salaries and expenses of superior court judges, district attorneys, assistant district attorneys, public defenders, and assistant public defenders, and fees and expenses of counsel assigned to represent indigents under the provisions of Subchapter IX of this Chapter; (3) Salaries, travel expenses, departmental expense, printing and other costs of the Administrative Office of the Courts; (4) Salaries and travel expenses of district judges, magistrates, and family court counselors; (5) Salaries and travel expenses of clerks of superior court, their assistants, deputies, and other employees, and the expenses of their offices, including supplies and materials, postage, telephone and telegraph, bonds and insurance, equipment, and other necessary items; (6) Fees and travel expenses of jurors, and of witnesses required to be paid by the State; (7) Compensation and allowances of court reporters; (8) Briefs for counsel and transcripts and other records for adequate appellate review when an appeal is taken by an indigent person; (9) Transcripts of preliminary hearings in indigency cases and, in cases in which the defendant pays for a transcript of the preliminary hearing, a copy for the district attorney; (10) Transcript of the evidence and trial court charge furnished the district attorney when a criminal action is appealed to the appellate division;

(11) All other expenses arising out of the operations of the Judicial Department which by law are made the responsibility of the State; and (12) Operating expenses of the Judicial Council and the Judicial Standards Commission. (b) Repealed by Session Laws 1971, c. 377, s. 32. (1965, c. 310, s. 1; 1967, c. 108, s. 9; c. 1049, s. 5; 1969, c. 1013, s. 2; 1971, c. 377, ss. 18, 21; 1973, c. 47, s. 2; c. 503, ss. 10, 11; 2000-67, s. 15.4(c).)

§ 15A-1026. Record of proceedings. A verbatim record of the proceedings at which the defendant enters a plea of guilty or no contest and of any preliminary consideration of a plea arrangement by the judge pursuant to G.S. 15A- 1021(c) must be made and preserved. This record must include the judge's advice to the defendant, and his inquiries of the defendant, defense counsel, and the prosecutor, and any responses. If the plea arrangement has been reduced to writing, it must be made a part of the record; otherwise the judge must require that the terms of the arrangement be stated for the record and that the assent of the defendant, his counsel, and the prosecutor be recorded. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1975, 2nd Sess., c. 983, s. 144.) § 15A-1241. Record of proceedings. (a)The trial judge must require that the reporter make a true, complete, and accurate record of all statements from the bench and all other proceedings except: (1) Selection of the jury in noncapital cases; (2) Opening statements and final arguments of counsel to the jury; and (3) Arguments of counsel on questions of law. (b) Upon motion of any party or on the judge's own motion, proceedings excepted under subdivisions (1) and (2) of subsection (a) must be recorded. The motion for recordation of jury arguments must be made before the commencement of any argument and if one argument is recorded all must be. Upon suggestion of improper argument, when no recordation has been requested or ordered, the judge in his discretion may require the remainder to be recorded. (c) When a party makes an objection to unrecorded statements or other conduct in the presence of the jury, upon motion of either party the judge must reconstruct for the record, as accurately as possible, the matter to which objection was made. (d) The trial judge may review the accuracy of the reporter's record of the proceedings, but may not make substantive changes in the transcript concerning his charge, rulings, and comments without notice to the State, the defense, and the reporter. When any correction of a transcript is ordered made by a judge, each

party is entitled to receive, upon request, a copy of the transcript indicating the text as submitted by the reporter and as changed by the judge. Upon motion of any party, the judge must afford the parties a hearing upon any change ordered by the judge. (1977, c. 711, s. 1.)

NORTH CAROLINA RULES OF APPELLATE PROCEDURE

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Adopted 13 June 1975, with amendments received through 2 July 2009.

These rules are promulgated by the Court under the rule-making authority conferred by Article IV, Section13(2) of the Constitution of North Carolina. They shall be effective with respect to all appeals taken from the courtsof the trial division to the courts of the appellate division; in appeals in civil and criminal cases from the Court ofAppeals to the Supreme Court; in direct appeals from administrative agencies, boards, and commissions to theappellate division; and in applications to the courts of the appellate division for writs and other relief which thecourts or judges thereof are empowered to give. As to such appeals, these rules supersede the North Carolina Rulesof Appellate Procedure, 287 N.C. 672 (1975), as amended. These rules shall be effective on the 1st day of October,2009, and shall apply to all cases appealed on or after that date.

Appendixes, as revised, are published with the rules for their possible helpfulness to the profession.Although authorized to be published for this purpose, they are not an authoritative source on parity with the rules.

Article IApplicability of Rules

Rule 1. Title; Scope of Rules; Trial Tribunal Defined(a) Title.(b) Scope of Rules.(c) Rules Do Not Affect Jurisdiction.(d) Definition of Trial Tribunal.

Rule 2. Suspension of Rules

Article IIAppeals from Judgments and Orders of Superior Courts and District Courts

Rule 3. Appeal in Civil Cases - How and When Taken(a) Filing the Notice of Appeal.(b) Special Provisions.(c) Time for Taking Appeal.(d) Content of Notice of Appeal.(e) Service of Notice of Appeal.

Rule 3.1. Appeal in Qualifying Juvenile Cases - How and When Taken; Special Rules(a) Filing the Notice of Appeal.(b) Protecting the Identity of Juveniles.(c) Expediting Filings.

(1) Transcripts.(2) Record on Appeal.(3) Briefs.

(d) No-Merit Briefs.(e) Calendaring Priority.

Rule 4. Appeal in Criminal Cases - How and When Taken(a) Manner and Time.(b) Content of Notice of Appeal.(c) Service of Notice of Appeal.(d) To Which Appellate Court Addressed.(e) Protecting the Identity of Juvenile Victims of Sexual Offenses.


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Rule 5. Joinder of Parties on Appeal(a) Appellants.(b) Appellees.(c) Procedure after Joinder.

Rule 6. Security for Costs on Appeal(a) In Regular Course.(b) In Forma Pauperis Appeals.(c) Filed with Record on Appeal.(d) Dismissal for Failure to File or Defect in Security.(e) No Security for Costs in Criminal Appeals.

Rule 7. Preparation of the Transcript; Court Reporter’s Duties(a) Ordering the Transcript.

(1) Civil Cases.(2) Criminal Cases.

(b) Production and Delivery of Transcript.(1) Production.(2) Delivery.(3) Neutral Transcriptionist.

Rule 8. Stay Pending Appeal(a) Stay in Civil Cases.(b) Stay in Criminal Cases.

Rule 9. The Record on Appeal(a) Function; Notice in Cases Involving Juveniles; Composition of Record.

(1) Composition of the Record in Civil Actions and Special Proceedings.(2) Composition of the Record in Appeals from Superior Court Review of Administrative

Boards and Agencies.(3) Composition of the Record in Criminal Actions.(4) Exclusion of Social Security Numbers from Record on Appeal.

(b) Form of Record; Amendments.(1) Order of Arrangement.(2) Inclusion of Unnecessary Matter; Penalty.(3) Filing Dates and Signatures on Papers.(4) Pagination; Counsel Identified.(5) Additions and Amendments to Record on Appeal.

(c) Presentation of Testimonial Evidence and Other Proceedings.(1) When Testimonial Evidence, Voir Dire, Statements and Events at Evidentiary and Non-

Evidentiary Hearings, and Other Trial Proceedings Narrated - How Set Out in Record.(2) Designation that Verbatim Transcript of Proceedings in Trial Tribunal Will Be Used.(3) Verbatim Transcript of Proceedings - Settlement, Filing, Copies, Briefs.(4) Presentation of Discovery Materials.(5) Electronic Recordings.

(d) Models, Diagrams, and Exhibits of Material.(1) Exhibits.(2) Transmitting Exhibits.(3) Removal of Exhibits from Appellate Court.

Rule 10. Preservation of Issues at Trial; Proposed Issues on Appeal(a) Preserving Issues During Trial Proceedings.

(1) General.(2) Jury Instructions.(3) Sufficiency of the Evidence.


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(4) Plain Error.(b) Appellant’s Proposed Issues on Appeal.(c) Appellee’s Proposed Issues on Appeal as to an Alternative Basis in Law.

Rule 11. Settling the Record on Appeal(a) By Agreement.(b) By Appellee’s Approval of Appellant’s Proposed Record on Appeal.(c) By Agreement, by Operation of Rule, or by Court Order After Appellee’s Objection or

Amendment.(d) Multiple Appellants; Single Record on Appeal.(e) Extensions of Time.

Rule 12. Filing the Record; Docketing the Appeal; Copies of the Record(a) Time for Filing Record on Appeal.(b) Docketing the Appeal.(c) Copies of Record on Appeal.

Rule 13. Filing and Service of Briefs(a) Time for Filing and Service of Briefs.

(1) Cases Other Than Death Penalty Cases.(2) Death Penalty Cases.

(b) Copies Reproduced by Clerk.(c) Consequence of Failure to File and Serve Briefs.

Article IIIReview by Supreme Court of Appeals

Originally Docketed in Court of Appeals:Appeals of Right; Discretionary Review

Rule 14. Appeals of Right from Court of Appeals to Supreme Court under N.C.G.S. § 7A-30(a) Notice of Appeal; Filing and Service.(b) Content of Notice of Appeal.

(1) Appeal Based Upon Dissent in Court of Appeals.(2) Appeal Presenting Constitutional Question.

(c) Record on Appeal.(1) Composition.(2) Transmission; Docketing; Copies.

(d) Briefs.(1) Filing and Service; Copies.(2) Failure to File or Serve.

Rule 15. Discretionary Review on Certification by Supreme Court Under N.C.G.S. § 7A-31(a) Petition of Party.(b) Same; Filing and Service.(c) Same; Content.(d) Response.(e) Certification by Supreme Court; How Determined and Ordered.

(1) On Petition of a Party.(2) On Initiative of the Court.(3) Orders; Filing and Service.

(f) Record on Appeal.(1) Composition.(2) Filing, Copies.

(g) Filing and Service of Briefs.(1) Cases Certified Before Determination by Court of Appeals.


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(2) Cases Certified for Review of Court of Appeals Determinations.(3) Copies.(4) Failure to File or Serve.

(h) Discretionary Review of Interlocutory Orders.(i) Appellant, Appellee Defined.

Rule 16. Scope of Review of Decisions of Court of Appeals(a) How Determined.(b) Scope of Review in Appeal Based Solely Upon Dissent.(c) Appellant, Appellee Defined.

Rule 17. Appeal Bond in Appeals Under N.C.G.S. §§ 7A-30, 7A-31(a) Appeal of Right.(b) Discretionary Review of Court of Appeals Determination.(c) Discretionary Review by Supreme Court Before Court of Appeals Determination.(d) Appeals in Forma Pauperis.

Article IVDirect Appeals from Administrative Agencies to Appellate Division

Rule 18. Taking Appeal; Record on Appeal ) Composition and Settlement(a) General.(b) Time and Method for Taking Appeals.(c) Composition of Record on Appeal.(d) Settling the Record on Appeal.

(1) By Agreement.(2) By Appellee’s Approval of Appellant’s Proposed Record on Appeal.(3) By Agreement, by Operation of Rule, or by Court Order After Appellee’s Objection or

Amendment.(e) Further Procedures and Additional Materials in the Record on Appeal.(f) Extensions of Time.

Rule 19. [Reserved]

Rule 20. Miscellaneous Provisions of Law Governing Agency Appeals

Article VExtraordinary Writs

Rule 21. Certiorari(a) Scope of the Writ.

(1) Review of the Judgments and Orders of Trial Tribunals.(2) Review of the Judgments and Orders of the Court of Appeals.

(b) Petition for Writ; to Which Appellate Court Addressed.(c) Same; Filing and Service; Content.(d) Response; Determination by Court.(e) Petition for Writ in Postconviction Matters; to Which Appellate Court Addressed.(f) Petition for Writ in Postconviction Matters ) Death Penalty Cases.

Rule 22. Mandamus and Prohibition(a) Petition for Writ; to Which Appellate Court Addressed.(b) Same; Filing and Service; Content.(c) Response; Determination by Court.

Rule 23. Supersedeas


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(a) Pending Review of Trial Tribunal Judgments and Orders.(1) Application - When Appropriate.(2) Same - How and to Which Appellate Court Made.

(b) Pending Review by Supreme Court of Court of Appeals Decisions.(c) Petition; Filing and Service; Content.(d) Response; Determination by Court.(e) Temporary Stay.

Rule 24. Form of Papers; Copies

Article VIGeneral Provisions

Rule 25. Penalties for Failure to Comply with Rules(a) Failure of Appellant to Take Timely Action.(b) Sanctions for Failure to Comply with Rules.

Rule 26. Filing and Service(a) Filing.

(1) Filing by Mail.(2) Filing by Electronic Means.

(b) Service of All Papers Required.(c) Manner of Service.(d) Proof of Service.(e) Joint Appellants and Appellees.(f) Numerous Parties to Appeal Proceeding Separately.(g) Documents Filed with Appellate Courts.

(1) Form of Papers.(2) Index required.(3) Closing.(4) Protecting the Identity of Certain Juveniles.

Rule 27. Computation and Extension of Time(a) Computation of Time.(b) Additional Time After Service by Mail.(c) Extensions of Time; By Which Court Granted.

(1) Motions for Extension of Time in the Trial Division.(2) Motions for Extension of Time in the Appellate Division.

(d) Motions for Extension of Time; How Determined.

Rule 28. Briefs: Function and Content(a) Function.(b) Content of Appellant’s Brief.(c) Content of Appellee’s Brief; Presentation of Additional Issues.(d) Appendixes to Briefs.

(1) When Appendixes to Appellant’s Brief Are Required.(2) When Appendixes to Appellant’s Brief Are Not Required.(3) When Appendixes to Appellee’s Brief Are Required.(4) Format of Appendixes.

(e) References in Briefs to the Record.(f) Joinder of Multiple Parties in Briefs.(g) Additional Authorities.(h) Reply Briefs.(i) Amicus Curiae Briefs.(j) Length Limitations Applicable to Briefs Filed in the Court of Appeals.


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(1) Type.(2) Document.

Rule 29. Sessions of Courts; Calendar of Hearings(a) Sessions of Court.

(1) Supreme Court.(2) Court of Appeals.

(b) Calendaring of Cases for Hearing.

Rule 30. Oral Argument and Unpublished Opinions(a) Order and Content of Argument.(b) Time Allowed for Argument.

(1) In General.(2) Numerous Counsel.

(c) Non-Appearance of Parties.(d) Submission on Written Briefs.(e) Unpublished Opinions.(f) Pre-Argument Review; Decision of Appeal Without Oral Argument.

Rule 31. Petition for Rehearing(a) Time for Filing; Content.(b) How Addressed; Filed.(c) How Determined.(d) Procedure When Granted.(e) Stay of Execution.(f) Waiver by Appeal from Court of Appeals.(g) No Petition in Criminal Cases.

Rule 32. Mandates of the Courts(a) In General.(b) Time of Issuance.

Rule 33. Attorneys(a) Appearances.(b) Signatures on Electronically Filed Documents.(c) Agreements.(d) Limited Practice of Out-of-State Attorneys.

Rule 33.1. Secure Leave Periods for Attorneys(a) Purpose, Authorization.(b) Length, Number. (c) Designation, Effect.(d) Content of Designation.(e) Where to File Designation.(f) When to File Designation.

Rule 34. Frivolous Appeals; Sanctions

Rule 35. Costs(a) To Whom Allowed.(b) Direction as to Costs in Mandate.(c) Costs of Appeal Taxable in Trial Tribunals.(d) Execution to Collect Costs in Appellate Courts.

Rule 36. Trial Judges Authorized to Enter Orders Under These Rules


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(a) When Particular Judge Not Specified by Rule.(1) Superior Court.(2) District Court.

(b) Upon Death, Incapacity, or Absence of Particular Judge Authorized.

Rule 37. Motions in Appellate Courts(a) Time; Content of Motions; Response.(b) Determination.(c) Protecting the Identity of Certain Juveniles. (d) Withdrawal of Appeal in Criminal Cases.(e) Withdrawal of Appeal in Civil Cases.(f) Effect of Withdrawal of Appeal.

Rule 38. Substitution of Parties(a) Death of a Party.(b) Substitution for Other Causes.(c) Public Officers; Death or Separation from Office.

Rule 39. Duties of Clerks; When Offices Open(a) General Provisions.(b) Records to be Kept.

Rule 40. Consolidation of Actions on Appeal

Rule 41. Appeal Information Statement

Rule 42. [Reserved]

Appendixes

Appendix A: Timetables for AppealsAppendix B: Format and StyleAppendix C: Arrangement of Record on AppealAppendix D: FormsAppendix E: Content of BriefsAppendix F: Fees and Costs

NORTH CAROLINA RULES OF APPELLATE PROCEDURE Page 1


ARTICLE IAPPLICABILITY OF RULES

RULE 1TITLE; SCOPE OF RULES; TRIAL TRIBUNAL DEFINED

(a) Title. The title of these rules is “North Carolina Rules of Appellate Procedure.” They may be socited either in general references or in reference to particular rules. In reference to particular rules the abbreviatedform of citation, “N.C. R. App. P. ___,” is also appropriate.

(b) Scope of Rules. These rules govern procedure in all appeals from the courts of the trial division tothe courts of the appellate division; in appeals in civil and criminal cases from the Court of Appeals to the SupremeCourt; in direct appeals from administrative agencies, boards, and commissions to the appellate division; and inapplications to the courts of the appellate division for writs and other relief which the courts or judges thereof areempowered to give.

(c) Rules Do Not Affect Jurisdiction. These rules shall not be construed to extend or limit thejurisdiction of the courts of the appellate division as that is established by law.

(d) Definition of Trial Tribunal. As used in these rules, the term “trial tribunal” includes the superiorcourts, the district courts, and any administrative agencies, boards, or commissions from which appeals lie directly tothe appellate division.

ADMINISTRATIVE HISTORY

Adopted: 13 June 1975.Amended: 27 November 1984 -- 1(a), (c) -- effective 1 February 1985.Reenacted and Amended: 2 July 2009 -- added 1(a) and renumbered remaining subsections -- effective 1 October

2009 and applies to all cases appealed on or after that date.

RULE 2SUSPENSION OF RULES

To prevent manifest injustice to a party, or to expedite decision in the public interest, either court of theappellate division may, except as otherwise expressly provided by these rules, suspend or vary the requirements orprovisions of any of these rules in a case pending before it upon application of a party or upon its own initiative, andmay order proceedings in accordance with its directions.


Adopted: 13 June 1975.Reenacted: 2 July 2009 -- effective 1 October 2009 and applies to all cases appealed on or after that

date.

ARTICLE IIAPPEALS FROM JUDGMENTS AND ORDERS

OF SUPERIOR COURTS AND DISTRICT COURTS

RULE 3APPEAL IN CIVIL CASES - HOW AND WHEN TAKEN


(a) Filing the Notice of Appeal. Any party entitled by law to appeal from a judgment or order of asuperior or district court rendered in a civil action or special proceeding may take appeal by filing notice of appealwith the clerk of superior court and serving copies thereof upon all other parties within the time prescribed bysubsection (c) of this rule.

(b) Special Provisions. Appeals in the following types of cases shall be taken in the time and mannerset out in the General Statutes and appellate rules sections noted:

(1) Juvenile matters pursuant to N.C.G.S. § 7B-2602; the identity of persons under the age ofeighteen at the time of the proceedings in the trial division shall be protected pursuant toRule 3.1(b).

(2) Appeals pursuant to N.C.G.S. § 7B-1001 shall be subject to the provisions of Rule 3.1.

(c) Time for Taking Appeal. In civil actions and special proceedings, a party must file and serve anotice of appeal:

(1) within thirty days after entry of judgment if the party has been served with a copy of thejudgment within the three day period prescribed by Rule 58 of the Rules of CivilProcedure; or

(2) within thirty days after service upon the party of a copy of the judgment if service was notmade within that three day period; provided that

(3) if a timely motion is made by any party for relief under Rules 50(b), 52(b) or 59 of theRules of Civil Procedure, the thirty day period for taking appeal is tolled as to all partiesuntil entry of an order disposing of the motion and then runs as to each party from thedate of entry of the order or its untimely service upon the party, as provided insubdivisions (1) and (2) of this subsection (c).

In computing the time for filing a notice of appeal, the provision for additional time after service by mail inRule 27(b) of these rules and Rule 6(e) of the N.C. Rules of Civil Procedure shall not apply.

If timely notice of appeal is filed and served by a party, any other party may file and serve a notice ofappeal within ten days after the first notice of appeal was served on such party.

(d) Content of Notice of Appeal. The notice of appeal required to be filed and served by subsection (a)of this rule shall specify the party or parties taking the appeal; shall designate the judgment or order from whichappeal is taken and the court to which appeal is taken; and shall be signed by counsel of record for the party orparties taking the appeal, or by any such party not represented by counsel of record.

(e) Service of Notice of Appeal. Service of copies of the notice of appeal may be made as provided inRule 26.


Adopted: 13 June 1975.Amended: 14 April 1976;

8 December 1988 -- 3(a), (b), (c), (d) -- effective for all judgments of the trial tribunalentered on or after 1 July 1989;8 June 1989 -- 3(b) -- effective for all judgments of the trial tribunal entered on or after1 July 1989;28 July 1994 -- 3(c) -- 1 October 1994;6 March 1997 -- 3(c) -- effective upon adoption 6 March 1997;18 October 2001 -- 3(c) -- effective 31 October 2001;


1 May 2003 -- 3(b)(1), (2);6 May 2004 – 3(b) – effective 12 May 2004;27 April 2006 – 3(b) – effective 1 May 2006 and applies to all cases appealed on or afterthat date.

Reenacted andAmended: 2 July 2009 -- amended 3(b) -- effective 1 October 2009 and applies to all cases appealed

on or after that date.

RULE 3.1APPEAL IN QUALIFYING JUVENILE CASES - HOW AND WHEN TAKEN; SPECIAL RULES

(a) Filing the Notice of Appeal. Any party entitled by law to appeal from a trial court judgment ororder rendered in a case involving termination of parental rights and issues of juvenile dependency or juvenile abuseand/or neglect, appealable pursuant to N.C.G.S. § 7B-1001, may take appeal by filing notice of appeal with the clerkof superior court and serving copies thereof upon all other parties in the time and manner set out in Chapter 7B ofthe General Statutes of North Carolina. Trial counsel or an appellant not represented by counsel shall be responsiblefor filing and serving the notice of appeal in the time and manner required. If the appellant is represented bycounsel, both the trial counsel and appellant must sign the notice of appeal, and the appellant shall cooperate withcounsel throughout the appeal. All such appeals shall comply with the provisions set out in subsection (b) of thisrule and, except as hereinafter provided by this rule, all other existing Rules of Appellate Procedure shall remainapplicable.

(b) Protecting the Identity of Juveniles. For appeals filed pursuant to this rule and for extraordinarywrits filed in cases to which this rule applies, the identity of involved persons under the age of eighteen at the time ofthe proceedings in the trial division (covered juveniles) shall be referenced only by the use of initials or pseudonymsin briefs, petitions, and all other filings, and shall be similarly redacted from all documents, exhibits, appendixes, orarguments submitted with such filings. If the parties desire to use pseudonyms, they shall stipulate in the record onappeal to the pseudonym to be used for each covered juvenile. Courts of the appellate division are not bound by thestipulation, and case captions will utilize initials. Further, the addresses and social security numbers of all coveredjuveniles shall be excluded from all filings and documents, exhibits, appendixes, and arguments. In cases subject tothis rule, the first document filed in the appellate courts and the record on appeal shall contain the notice required byRule 9(a).

The substitution and redaction requirements of this rule shall not apply to settled records on appeal;supplements filed pursuant to Rule 11(c); objections, amendments, or proposed alternative records on appealsubmitted pursuant to Rule 3.1(c)(2); and any verbatim transcripts submitted pursuant to Rule 9(c). Pleadings andfilings not subject to substitution and redaction requirements shall include the following notice on the first page ofthe document immediately underneath the title and in uppercase typeface: FILED PURSUANT TO RULE [3(b)(1)][3.1(b)] [4(e)]; SUBJECT TO PUBLIC INSPECTION ONLY BY ORDER OF A COURT OF THE APPELLATEDIVISION.

Filings in cases governed by this rule that are not subject to substitution and redaction requirements will notbe published on the Court’s electronic filing site and will be available to the public only with the permission of acourt of the appellate division. In addition, the juvenile’s address and social security number shall be excluded fromall filings, documents, exhibits, or arguments with the exception of sealed verbatim transcripts submitted pursuant toRule 9(c).

(c) Expediting Filings. Appeals filed pursuant to these provisions shall adhere strictly to the expeditedprocedures set forth below:

(1) Transcripts. Within one business day after the notice of appeal has been filed, theclerk of superior court shall notify the court reporting coordinator of theAdministrative Office of the Courts of the date the notice of appeal wasfiled and the names of the parties to the appeal and their respectiveaddresses or addresses of their counsel. Within two business days of


receipt of such notification, the court reporting coordinator shall assigna transcriptionist to the case.

When there is an order establishing the indigency of the appellant, thetranscriptionist shall prepare and deliver a transcript of the designatedproceedings to the appellant and provide copies to the office of theclerk of the Court of Appeals and to the respective parties to the appealat the addresses provided within thirty-five days from the date ofassignment.

When there is no order establishing the indigency of the appellant, theappellant shall have ten days from the date that the transcriptionist isassigned to make written arrangements with the assignedtranscriptionist for the production and delivery of the transcript of thedesignated proceedings. If such written arrangement is made, thetranscriptionist shall prepare and deliver a transcript of the designatedproceedings to the appellant and provide copies to the office of theclerk of the Court of Appeals and to the respective parties to the appealat the addresses provided within forty-five days from the date ofassignment. The non-indigent appellant shall bear the cost of theappellant’s copy of the transcript.

When there is no order establishing the indigency of the appellee, theappellee shall bear the cost of receiving a copy of the requestedtranscript.

Motions for extensions of time to prepare and deliver transcripts aredisfavored and will not be allowed by the Court of Appeals absentextraordinary circumstances.

(2) Record on Appeal. Within ten days after receipt of the transcript, the appellant shallprepare and serve upon all other parties a proposed record on appealconstituted in accordance with Rule 9. Trial counsel for the appealingparty shall have a duty to assist appellate counsel, if separate counsel isappointed or retained for the appeal, in preparing and serving aproposed record on appeal. Within ten days after service of theproposed record on appeal upon an appellee, the appellee may serveupon all other parties:

1. a notice of approval of the proposed record;

2. specific objections or amendments to the proposedrecord on appeal, or

3. a proposed alternative record on appeal.

If the parties agree to a settled record on appeal within twenty days after receipt of the transcript, the appellant shall file threelegible copies of the settled record on appeal in the office of the clerk ofthe Court of Appeals within five business days from the date the recordwas settled. If all appellees fail within the times allowed them either toserve notices of approval or to serve objections, amendments, orproposed alternative records on appeal, the appellant’s proposed recordon appeal shall constitute the settled record on appeal, and the appellantshall file three legible copies thereof in the office of the clerk of the


Court of Appeals within five business days from the last date uponwhich any appellee could have served such objections, amendments, orproposed alternative record on appeal. If an appellee timely servesamendments, objections, or a proposed alternative record on appeal andthe parties cannot agree to the settled record within thirty days afterreceipt of the transcript, each party shall file three legible copies of thefollowing documents in the office of the clerk of the Court of Appealswithin five business days after the last day upon which the record canbe settled by agreement:

1. the appellant shall file his or her proposed recordon appeal, and

2. an appellee shall file his or her objections,amendments, or proposed alternative record onappeal.

No counsel who has appeared as trial counsel for any party inthe proceeding shall be permitted to withdraw, nor shall such counselbe otherwise relieved of any responsibilities imposed pursuant to thisrule, until the record on appeal has been filed in the office of the clerkof the Court of Appeals as provided herein.

(3) Briefs. Within thirty days after the record on appeal has been filed with theCourt of Appeals, the appellant shall file his or her brief in the office ofthe clerk of the Court of Appeals and serve copies upon all other partiesof record. Within thirty days after the appellant’s brief has been servedon an appellee, the appellee shall file his or her brief in the office of theclerk of the Court of Appeals and serve copies upon all other parties ofrecord. Motions for extensions of time to file briefs will not be allowedabsent extraordinary circumstances.

(d) No-Merit Briefs. In an appeal taken pursuant to N.C.G.S. § 7B-1001, if, after a conscientious andthorough review of the record on appeal, appellate counsel concludes that the record contains no issue of merit onwhich to base an argument for relief and that the appeal would be frivolous, counsel may file a no-merit brief. In thebrief, counsel shall identify any issues in the record on appeal that might arguably support the appeal and shall statewhy those issues lack merit or would not alter the ultimate result. Counsel shall provide the appellant with a copy ofthe no-merit brief, the transcript, the record on appeal, and any Rule 11(c) supplement or exhibits that have beenfiled with the appellate court. Counsel shall also advise the appellant in writing that the appellant has the option offiling a pro se brief within thirty days of the date of the filing of the no-merit brief and shall attach to the briefevidence of compliance with this subsection.

(e) Calendaring Priority. Appeals filed pursuant to this rule will be given priority over other casesbeing considered by the Court of Appeals and will be calendared in accordance with a schedule promulgated by theChief Judge. Unless otherwise ordered by the Court of Appeals, cases subject to the expedited procedures set forthin this rule shall be disposed of on the record and briefs and without oral argument.


Adopted: 28 April 2006 – effective 1 May 2006 and applies to all cases appealed on or after thatdate.

Amended: 11 June 2008 – 3A(b)(1) – effective 1 December 2008; Recodified former Rule 3A as Rule 3.1 and


Reenacted Rule 3.1 as amended: 2 July 2009 -- rewrote 3.1(b); renumbered subsections (c) & (e); amended 3.1(c)(1) & (2); added 3.1(d) -- effective 1 October 2009 and applies to all casesappealed on or after that date.

RULE 4APPEAL 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 ordistrict 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 alladverse parties within fourteen days after entry of the judgment or order or withinfourteen days after a ruling on a motion for appropriate relief made during the fourteenday period following entry of the judgment or order. Appeals from district court tosuperior 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 fromwhich appeal is taken and the court to which appeal is taken; and shall be signed by counsel of record for the partyor 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 inRule 26.

(d) To Which Appellate Court Addressed. An appeal of right from a judgment of a superior court byany person who has been convicted of murder in the first degree and sentenced to death shall be filed in the SupremeCourt. In all other criminal cases, appeal shall be filed in the Court of Appeals.

(e) Protecting the Identity of Juvenile Victims of Sexual Offenses. For appeals filed pursuant to thisrule and for extraordinary writs filed in cases to which this rule applies, the identities of all victims of sexualoffenses the trial court record shows were under the age of eighteen when the trial division proceedings occurred,including documents or other materials concerning delinquency proceedings in district court, shall be protectedpursuant to Rule 3.1(b).


Adopted: 13 June 1975.Amended: 4 October 1978 -- 4(a)(2) -- effective 1 January 1979;

13 July 1982 -- 4(d);3 September 1987 -- 4(d) -- effective for all judgments of the superior court entered on orafter 24 July 1987;8 December 1988 -- 4(a) -- effective for all judgments of the trial tribunal entered on orafter 1 July 1989;8 June 1989 -- 4(a) -- 8 December 1988 amendment rescinded prior to effective date;18 October 2001 -- 4(a)(2), (d) (subsection (d) amended to conform with N.C.G.S. § 7A-27) -- effective 31 October 2001;1 May 2003 -- 4(a)(2).

Reenacted andAmended: 2 July 2009 -- added 4(e) -- effective 1 October 2009 and applies to all cases appealed on

or after that date.


RULE 5JOINDER OF PARTIES ON APPEAL

(a) Appellants. If two or more parties are entitled to appeal from a judgment, order, or otherdetermination and their interests are such as to make their joinder in appeal practicable, they may file and serve ajoint notice of appeal in accordance with Rules 3 and 4; or they may join in appeal after timely taking of separateappeals by filing notice of joinder in the office of the clerk of superior court and serving copies thereof upon all otherparties, or in a criminal case they may give a joint oral notice of appeal.

(b) Appellees. Two or more appellees whose interests are such as to make their joinder on appealpracticable may, by filing notice of joinder in the office of the clerk of superior court and serving copies thereofupon all other parties, so join.

(c) Procedure after Joinder. After joinder, the parties proceed as a single appellant or appellee. Filing and service of papers by and upon joint appellants or appellees is as provided by Rule 26(e).


Adopted: 13 June 1975.Reenacted andAmended: 2 July 2009 -- amended 5(a) -- effective 1 October 2009 and applies to all cases appealed


RULE 6SECURITY FOR COSTS ON APPEAL

(a) In Regular Course. Except in pauper appeals, an appellant in a civil action must provide adequatesecurity for the costs of appeal in accordance with the provisions of N.C.G.S. §§ 1-285 and -286.

(b) In Forma Pauperis Appeals. A party in a civil action may be allowed to prosecute an appeal informa pauperis without providing security for costs in accordance with the provisions of N.C.G.S. § 1-288.

(c) Filed with Record on Appeal. When security for costs is required, the appellant shall file with therecord on appeal a certified copy of the appeal bond or a cash deposit made in lieu of bond.

(d) Dismissal for Failure to File or Defect in Security. For failure of the appellant to provide securityas required by subsection (a) or to file evidence thereof as required by subsection (c), or for a substantial defect orirregularity in any security provided, the appeal may on motion of an appellee be dismissed by the appellate courtwhere docketed, unless for good cause shown the court permits the security to be provided or the filing to be madeout of time, or the defect or irregularity to be corrected. A motion to dismiss on these grounds shall be made anddetermined in accordance with Rule 37. When the motion to dismiss is made on the grounds of a defect orirregularity, the appellant may as a matter of right correct the defect or irregularity by filing a proper bond or makingproper deposit with the clerk of the appellate court within ten days after service of the motion upon appellant orbefore the case is called for argument, whichever first occurs.

(e) No Security for Costs in Criminal Appeals. Pursuant to N.C.G.S. § 15A-1449, no security forcosts is required upon appeal of criminal cases to the appellate division.



Adopted: 13 June 1975.Amended: 27 November 1984 -- 6(e) -- effective 1 February 1985;

26 July 1990 -- 6(c) -- effective 1 October 1990.Reenacted andAmended: 2 July 2009 -- amended 6(b) -- effective 1 October 2009 and applies to all cases appealed


RULE 7PREPARATION OF THE TRANSCRIPT; COURT REPORTER’S DUTIES

(a) Ordering the Transcript.

(1) Civil Cases. Within fourteen days after filing the notice of appeal the appellant shallcontract for the transcription of the proceedings or of such parts of the proceedings notalready on file, as the appellant deems necessary, in accordance with these rules, andshall provide the following information in writing: a designation of the parts of theproceedings to be transcribed; the name and address of the court reporter or other neutralperson designated to prepare the transcript; and, where portions of the proceedings havebeen designated to be transcribed, a statement of the issues the appellant intends to raiseon appeal. The appellant shall file the written documentation of this transcript contractwith the clerk of the trial tribunal, and serve a copy of it upon all other parties of recordand upon the person designated to prepare the transcript. If the appellant intends to urgeon appeal that a finding or conclusion of the trial court is unsupported by the evidence oris contrary to the evidence, the appellant shall cite in the record on appeal the volumenumber, page number, and line number of all evidence relevant to such finding orconclusion. If an appellee deems a transcript of other parts of the proceedings to benecessary, the appellee, within fourteen days after the service of the writtendocumentation of the appellant, shall contract for the transcription of any additional partsof the proceedings or such parts of the proceedings not already on file, in accordance withthese rules. The appellee shall file with the clerk of the trial tribunal, and serve on allother parties of record, written documentation of the additional parts of the proceedings tobe transcribed and the name and address of the court reporter or other neutral persondesignated to prepare the transcript.

In civil cases and special proceedings where there is an order establishing the indigencyof a party entitled to appointed appellate counsel, the ordering of the transcript shall be asin criminal cases where there is an order establishing the indigency of the defendant as setforth in Rule 7(a)(2).

(2) Criminal Cases. In criminal cases where there is no order establishing the indigency ofthe defendant for the appeal, the defendant shall contract for the transcription of theproceedings as in civil cases.

When there is an order establishing the indigency of the defendant, unless the trialjudge’s appeal entries specify or the parties stipulate that parts of the proceedings neednot be transcribed, the clerk of the trial tribunal shall order a transcript of the proceedingsby serving the following documents upon either the court reporter(s) or neutral persondesignated to prepare the transcript: a copy of the appeal entries signed by the judge; acopy of the trial court’s order establishing indigency for the appeal; and a statementsetting out the name, address, telephone number and e-mail address of appellant’scounsel. The clerk shall make an entry of record reflecting the date these documentswere served upon the court reporter(s) or transcriptionist.


(b) Production and Delivery of Transcript.

(1) Production. In civil cases: from the date the requesting party serves the writtendocumentation of the transcript contract on the person designated to prepare thetranscript, that person shall have sixty days to prepare and electronically deliver thetranscript.

In criminal cases where there is no order establishing the indigency of the defendant forthe appeal: from the date the requesting party serves the written documentation of thetranscript contract upon the person designated to prepare the transcript, that person shallhave sixty days to produce and electronically deliver the transcript in non-capital casesand one hundred twenty days to produce and electronically deliver the transcript incapitally tried cases.In criminal cases where there is an order establishing the indigency of the defendant forthe appeal: from the date listed on the appeal entries as the “Date order delivered totranscriptionist,” that person shall have sixty-five days to produce and electronicallydeliver the transcript in non-capital cases and one hundred twenty-five days to produceand electronically deliver the transcript in capitally tried cases.

The transcript format shall comply with Appendix B of these rules.

Except in capitally tried criminal cases which result in the imposition of a sentence ofdeath, the trial tribunal, in its discretion and for good cause shown by the appellant, mayextend the time to produce the transcript for an additional thirty days. Any subsequentmotions for additional time required to produce the transcript may only be made to theappellate court to which appeal has been taken. All motions for extension of time toproduce the transcript in capitally tried cases resulting in the imposition of a sentence ofdeath shall be made directly to the Supreme Court by the appellant.

(2) Delivery. The court reporter, or person designated to prepare the transcript, shallelectronically deliver the completed transcript, with accompanying PDF disk to theparties including the district attorney and Attorney General of North Carolina in criminalcases, as ordered, within the time provided by this rule, unless an extension of time hasbeen granted under Rule 7(b)(1) or Rule 27(c). The court reporter or transcriptionist shallcertify to the clerk of the trial tribunal that the transcript has been so delivered and shallsend a copy of such certification to the appellate court to which the appeal is taken. Theappellant shall promptly notify the court reporter when the record on appeal has beenfiled. Once the court reporter, or person designated to prepare the transcript, has beennotified by the appellant that the record on appeal has been filed with the appellate courtto which the appeal has been taken, the court reporter must electronically file thetranscript with that court using the docket number assigned by that court.

(3) Neutral Transcriptionist. The neutral person designated to prepare the transcript shall notbe a relative or employee or attorney or counsel of any of the parties, or a relative oremployee of such attorney or counsel, or be financially interested in the action unless theparties agree otherwise by stipulation.


Adopted: 13 June 1975.REPEALED: 1 July 1978. (See note following Rule 17.)Re-adopted: 8 December 1988 -- effective for all judgments of the trial tribunal entered on or after

1 July 1989.Amended: 8 June 1989 -- effective for all judgments of the trial tribunal entered on or after 1 July

1989;


26 July 1990 -- 7(a)(1), (a)(2), and (b)(1) -- effective 1 October 1990;21 November 1997 -- effective 1 February 1998;8 April 1999 -- 7(b)(1), para. 5;18 October 2001-- 7(b)(1), para. 4 -- effective 31 October 2001;15 August 2002 -- 7(a)(1), para. 2; 25 January 2007 – 7(b)(1), paras. 3, 5; 7(b)(2) – effective 1 March 2007 and applies to allcases appealed on or after that date.

Reenacted andAmended: 2 July 2009 -- amended 7(a)(1) & (2), 7(b)(1) & (2) -- effective 1 October 2009 and

applies to all cases appealed on or after that date.

RULE 8STAY PENDING APPEAL

(a) Stay in Civil Cases. When appeal is taken in a civil action from a judgment, order, or otherdetermination of a trial court, stay of execution or enforcement thereof pending disposition of the appeal mustordinarily first be sought by the deposit of security with the clerk of the superior court in those cases for whichprovision is made by law for the entry of stays upon deposit of adequate security, or by application to the trial courtfor a stay order in all other cases. After a stay order or entry has been denied or vacated by a trial court, an appellantmay apply to the appropriate appellate court for a temporary stay and a writ of supersedeas in accordance with Rule23. In any appeal which is allowed by law to be taken from an agency to the appellate division, application for thetemporary stay and writ of supersedeas may be made to the appellate court in the first instance. Application for thetemporary stay and writ of supersedeas may similarly be made to the appellate court in the first instance whenextraordinary circumstances make it impracticable to obtain a stay by deposit of security or by application to the trialcourt for a stay order.

(b) Stay in Criminal Cases. When a defendant has given notice of appeal, those portions of criminalsentences which impose fines or costs are automatically stayed pursuant to the provisions of N.C.G.S. § 15A-1451. Stays of imprisonment or of the execution of death sentences must be pursued under N.C.G.S. § 15A-536 or Rule23.


Adopted: 13 June 1975.Amended: 27 November 1984 -- 8(b) -- effective 1 February 1985;

6 March 1997 -- 8(a) -- effective 1 July 1997.Reenacted andAmended: 2 July 2009 -- amended 8(a) -- effective 1 October 2009 and applies to all cases appealed


RULE 9THE RECORD ON APPEAL

(a) Function; Notice in Cases Involving Juveniles; Composition of Record. In appeals from the trialdivision of the General Court of Justice, review is solely upon the record on appeal, the verbatim transcript ofproceedings, if one is designated, and any other items filed pursuant to this Rule 9. Parties may cite any of theseitems in their briefs and arguments before the appellate courts.

All filings involving juveniles covered by Rules 3(b)(1), 3.1(b), or 4(e) shall include the followingnotice in uppercase typeface:

FILED PURSUANT TO RULE [3(b)(1)] [3.1(b)] [4(e)]; SUBJECT TO PUBLIC INSPECTIONONLY BY ORDER OF A COURT OF THE APPELLATE DIVISION.


(1) Composition of the Record in Civil Actions and Special Proceedings. The record onappeal in civil actions and special proceedings shall contain:

a. an index of the contents of the record, which shall appear as the firstpage thereof;

b. a statement identifying the judge from whose judgment or order appealis taken, the session at which the judgment or order was rendered, or ifrendered out of session, the time and place of rendition, and the partyappealing;

c. a copy of the summons with return, or of other papers showingjurisdiction of the trial court over person or property, or a statementshowing same;

d. copies of the pleadings, and of any pretrial order on which the case orany part thereof was tried;

e. so much of the litigation, set out in the form provided in Rule 9(c)(l), asis necessary for an understanding of all issues presented on appeal, or astatement specifying that the verbatim transcript of proceedings is beingfiled with the record pursuant to Rule 9(c)(2), or designating portions ofthe transcript to be so filed;

f. where an issue presented on appeal relates to the giving or omission ofinstructions to the jury, a transcript of the entire charge given; andidentification of the omitted instruction by setting out the requestedinstruction or its substance in the record on appeal immediatelyfollowing the instruction given;

g. copies of the issues submitted and the verdict, or of the trial court’s findings of fact and conclusions of law;

h. a copy of the judgment, order, or other determination from whichappeal is taken;

i. a copy of the notice of appeal, of all orders establishing time limitsrelative to the perfecting of the appeal, of any order finding a party tothe appeal to be a civil pauper, and of any agreement, notice ofapproval, or order settling the record on appeal and settling theverbatim transcript of proceedings if one is filed pursuant to Rule9(c)(2) and (c)(3);

j. copies of all other papers filed and statements of all other proceedings had in the trial court which are necessary to an understanding of allissues presented on appeal unless they appear in the verbatim transcriptof proceedings which is being filed with the record pursuant to Rule9(c)(2);

k. proposed issues on appeal set out in the manner provided in Rule 10;

l. a statement, where appropriate, that the record of proceedings wasmade with an electronic recording device;


m. a statement, where appropriate, that a supplement compiled pursuant toRule 11(c) is filed with the record on appeal; and

n. any order (issued prior to the filing of the record on appeal) ruling upona motion by an attorney who is not licensed to practice law in NorthCarolina to be admitted pursuant to N.C.G.S. § 84-4.1 to appear in theappeal. In the event such a motion is filed prior to the filing of therecord but has not yet been ruled upon when the record is filed, therecord shall include a statement that such a motion is pending and thedate that motion was filed.

(2) Composition of the Record in Appeals from Superior Court Review of AdministrativeBoards and Agencies. The record on appeal in cases of appeal from judgments of thesuperior court rendered upon review of the proceedings of administrative boards oragencies, other than those specified in Rule 18(a), shall contain:



c. a copy of the summons, notice of hearing, or other papers showingjurisdiction of the board or agency over the persons or property soughtto be bound in the proceeding, or a statement showing same;

d. copies of all petitions and other pleadings filed in the superior court;

e. copies of all items properly before the superior court as are necessaryfor an understanding of all issues presented on appeal;

f. so much of the litigation in the superior court, set out in the formprovided in Rule 9(c)(1), as is necessary for an understanding of allissues presented, or a statement specifying that the verbatim transcriptof proceedings is being filed with the record pursuant to Rule 9(c)(2),or designating portions of the transcript to be so filed;

g. a copy of any findings of fact and conclusions of law and of thejudgment, order, or other determination of the superior court fromwhich appeal is taken;

h. a copy of the notice of appeal from the superior court, of all ordersestablishing time limits relative to the perfecting of the appeal, of anyorder finding a party to the appeal to be a civil pauper, and of anyagreement, notice of approval, or order settling the record on appealand settling the verbatim transcript of proceedings, if one is filedpursuant to Rule 9(c)(2) and (c)(3);

i. proposed issues on appeal relating to the actions of the superior court,set out in the manner provided in Rule 10; and


j. any order (issued prior to the filing of the record on appeal) ruling uponany motion by an attorney who is not licensed to practice law in NorthCarolina to be admitted pursuant to N.C.G.S. § 84-4.1 to appear in theappeal. In the event such a motion is filed prior to the filing of therecord but has not yet been ruled upon when the record is filed, therecord shall include a statement that such a motion is pending and thedate that motion was filed.

(3) Composition of the Record in Criminal Actions. The record on appeal in criminal actionsshall contain:



c. copies of all warrants, informations, presentments, and indictmentsupon which the case has been tried in any court;

d. copies of docket entries or a statement showing all arraignments andpleas;

e. so much of the litigation, set out in the form provided in Rule 9(c)(l), asis necessary for an understanding of all issues presented on appeal, or astatement specifying that the entire verbatim transcript of theproceedings is being filed with the record pursuant to Rule 9(c)(2), ordesignating portions of the transcript to be so filed;

f. where an issue presented on appeal relates to the giving or omission ofinstructions to the jury, a transcript of the entire charge given; andidentification of the omitted instruction by setting out the requestedinstruction or its substance in the record on appeal immediatelyfollowing the instruction given;

g. copies of the verdict and of the judgment, order, or other determinationfrom which appeal is taken; and in capitally tried cases, a copy of thejury verdict sheet for sentencing, showing the aggravating andmitigating circumstances submitted and found or not found;

h. a copy of the notice of appeal or an appropriate entry or statementshowing appeal taken orally; of all orders establishing time limitsrelative to the perfecting of the appeal; of any order finding defendantindigent for the purposes of the appeal and assigning counsel; and ofany agreement, notice of approval, or order settling the record onappeal and settling the verbatim transcript of proceedings, if one is tobe filed pursuant to Rule 9(c)(2);

i. copies of all other papers filed and statements of all other proceedingshad in the trial courts which are necessary for an understanding of allissues presented on appeal, unless they appear in the verbatim transcriptof proceedings which is being filed with the record pursuant to Rule9(c)(2);


j. proposed issues on appeal set out in the manner provided in Rule 10;

k. a statement, where appropriate, that the record of proceedings wasmade with an electronic recording device;

l. a statement, where appropriate, that a supplement compiled pursuant toRule 11(c) is filed with the record on appeal; and

m. any order (issued prior to the filing of the record on appeal) ruling uponany motion by an attorney who is not licensed to practice law in NorthCarolina to be admitted pursuant to N.C.G.S. § 84-4.1 to appear in theappeal. In the event such a motion is filed prior to the filing of therecord but has not yet been ruled upon when the record is filed, therecord shall include a statement that such a motion is pending and thedate that motion was filed.

(4) Exclusion of Social Security Numbers from Record on Appeal. Social security numbersshall be deleted or redacted from any document before including the document in therecord on appeal.

(b) Form of Record; Amendments. The record on appeal shall be in the format prescribed by Rule26(g) and the appendixes to these rules.

(1) Order of Arrangement. The items constituting the record on appeal should be arranged,so far as practicable, in the order in which they occurred or were filed in the trial tribunal.

(2) Inclusion of Unnecessary Matter; Penalty. It shall be the duty ofcounsel for all parties to an appeal to avoid including in the record onappeal matter not necessary for an understanding of the issuespresented on appeal, such as social security numbers referred to in Rule9(a)(4). The cost of including such matter may be charged as costs tothe party or counsel who caused or permitted its inclusion.

(3) Filing Dates and Signatures on Papers. Every pleading, motion, affidavit, or other paperincluded in the record on appeal shall show the date on which it was filed and, if verified,the date of verification and the person who verified. Every judgment, order, or otherdetermination shall show the date on which it was entered. The typed or printed name ofthe person signing a paper shall be entered immediately below the signature.

(4) Pagination; Counsel Identified. The pages of the printed record on appeal shall benumbered consecutively, be referred to as “record pages,” and be cited as “(R p ___).” Pages of the Rule 11(c) or Rule 18(d)(3) supplement to the record on appeal shall benumbered consecutively with the pages of the record on appeal, the first page of therecord supplement to bear the next consecutive number following the number of the lastpage of the printed record on appeal. These pages shall be referred to as “recordsupplement pages” and be cited as “(R S p ___).” Pages of the verbatim transcript ofproceedings filed under Rule 9(c)(2) shall be referred to as “transcript pages” and be citedas “(T p ___).” At the end of the record on appeal shall appear the names, officeaddresses, telephone numbers, State Bar numbers, and e-mail addresses of counsel ofrecord for all parties to the appeal.

(5) Additions and Amendments to Record on Appeal.

(a) Additional Materials in the Record on Appeal. If the record on appeal as settled isinsufficient to respond to the issues presented in an appellant’s brief or the issues


presented in an appellee’s brief pursuant to Rule 10(c), the responding party maysupplement the record on appeal with any items that could otherwise have been included pursuant to this Rule 9. The responding party shall serve a copy of those items onopposing counsel and shall file three copies of the items in a volume captioned “Rule9(b)(5) Supplement to the Printed Record on Appeal.” The supplement shall be filed nolater than the responsive brief or within the time allowed for filing such a brief if none isfiled.

(b) Motions Pertaining to Additions to the Record. On motion of any party or on itsown initiative, the appellate court may order additional portions of a trial court record ortranscript sent up and added to the record on appeal. On motion of any party, theappellate court may order any portion of the record on appeal or transcript amended tocorrect error shown as to form or content. Prior to the filing of the record on appeal in theappellate court, such motions may be filed by any party in the trial court.

(c) Presentation of Testimonial Evidence and Other Proceedings. Testimonial evidence, voir dire,statements and events at evidentiary and non-evidentiary hearings, and other trial proceedings necessary to bepresented for review by the appellate court may be included either in the record on appeal in the form specified inRule 9(c)(l) or by designating the verbatim transcript of proceedings of the trial tribunal as provided in Rule 9(c)(2)and (c)(3). When an issue presented on appeal relates to the giving or omission of instructions to the jury, atranscript of the entire charge given shall be included in the record on appeal. Verbatim transcripts or narrationutilized in a case subject to Rules 3(b)(1), 3.1(b), or 4(e) initiated in the trial division under the provisions ofSubchapter I of Chapter 7B of the General Statutes shall be prepared and delivered to the office of the clerk of theappellate court to which the appeal has been taken in the manner specified by said rules.

(1) When Testimonial Evidence, Voir Dire, Statements and Events at Evidentiary and Non-Evidentiary Hearings, and Other Trial Proceedings Narrated - How Set Out in Record. When an issue is presented on appeal with respect to the admission or exclusion ofevidence, the question and answer form shall be utilized in setting out the pertinentquestions and answers. Other testimonial evidence, voir dire, statements and events atevidentiary and non-evidentiary hearings, and other trial proceedings required by Rule9(a) to be included in the record on appeal shall be set out in narrative form except wheresuch form might not fairly reflect the true sense of the evidence received, in which case itmay be set out in question and answer form. Parties shall use that form or combination offorms best calculated under the circumstances to present the true sense of the requiredtestimonial evidence concisely and at a minimum of expense to the litigants. Parties mayobject to particular narration on the basis that it does not accurately reflect the true senseof testimony received, statements made, or events that occurred; or to particular questionsand answers on the basis that the testimony might with no substantial loss in accuracy besummarized in narrative form at substantially less expense. When a judge or referee isrequired to settle the record on appeal under Rule 11(c) and there is dispute as to theform, the judge or referee shall settle the form in the course of settling the record onappeal.

(2) Designation that Verbatim Transcript of Proceedings in Trial Tribunal Will Be Used. Appellant may designate in the record on appeal that the testimonial evidence will bepresented in the verbatim transcript of the evidence of the trial tribunal in lieu of narratingthe evidence and other trial proceedings as permitted by Rule 9(c)(1). When a verbatimtranscript of those proceedings has been made, appellant may also designate that theverbatim transcript will be used to present voir dire, statements and events at evidentiaryand non-evidentiary hearings, or other trial proceedings when those proceedings are thebasis for one or more issues presented on appeal. Any such designation shall refer to thepage numbers of the transcript being designated. Appellant need not designate all of theverbatim transcript that has been made, provided that when the verbatim transcript is


designated to show the testimonial evidence, so much of the testimonial evidence must bedesignated as is necessary for an understanding of all issues presented on appeal. Whenappellant has narrated the evidence and other trial proceedings under Rule 9(c)(1), theappellee may designate the verbatim transcript as a proposed alternative record on appeal.

(3) Verbatim Transcript of Proceedings - Settlement, Filing, Copies, Briefs. Whenever averbatim transcript is designated to be used pursuant to Rule 9(c)(2):

a. it shall be settled, together with the record on appeal, according to theprocedures established by Rule 11;

b. appellant shall cause the settled record on appeal and transcript to befiled pursuant to Rule 7 with the clerk of the appellate court in whichthe appeal has been docketed;

c. in criminal appeals, upon settlement of the record on appeal, the districtattorney shall notify the Attorney General of North Carolina that therecord on appeal and transcript have been settled; and

d. the briefs of the parties must comport with the requirements of Rule 28regarding complete statement of the facts of the case and regardingappendixes to the briefs.

(4) Presentation of Discovery Materials. Discovery materials offered into evidence at trialshall be brought forward, if relevant, as other evidence. In all instances in whichdiscovery materials are considered by the trial tribunal, other than as evidence offered attrial, the following procedures for presenting those materials to the appellate court shallbe used: Depositions shall be treated as testimonial evidence and shall be presented bynarration or by transcript of the deposition in the manner prescribed by this Rule 9(c). Other discovery materials, including interrogatories and answers, requests for admission,responses to requests, motions to produce, and the like, pertinent to issues presented onappeal, may be set out in the record on appeal or may be sent up as documentary exhibitsin accordance with Rule 9(d)(2).

(5) Electronic Recordings. When a narrative or transcript has been prepared from anelectronic recording, the parties shall not file a copy of the electronic recording with theappellate division except at the direction or with the approval of the appellate court.

(d) Models, Diagrams, and Exhibits of Material.

(1) Exhibits. Maps, plats, diagrams, and other documentary exhibits filed as portions of orattachments to items required to be included in the record on appeal shall be included aspart of such items in the record on appeal. When such exhibits are not necessary to anunderstanding of the errors assigned, they may by agreement of counsel or by order of thetrial court upon motion be excluded from the record on appeal. Social security numbersshall be deleted or redacted from exhibits prior to filing the exhibits in the appellate court.

(2) Transmitting Exhibits. Three legible copies of each documentary exhibit offered inevidence and required for understanding issues presented on appeal shall be filed in theappellate court; the original documentary exhibit need not be filed with the appellatecourt.

(3) Removal of Exhibits from Appellate Court. All models, diagrams, and exhibits ofmaterial placed in the custody of the clerk of the appellate court must be taken away bythe parties within ninety days after the mandate of the Court has issued or the case has


otherwise been closed by withdrawal, dismissal, or other order of the Court, unlessnotified otherwise by the clerk. When this is not done, the clerk shall notify counsel toremove the articles forthwith; and if they are not removed within a reasonable time aftersuch notice, the clerk shall destroy them, or make such other disposition of them as to theclerk may seem best.


Adopted: 13 June 1975.Amended: 10 June 1981 -- 9(c)(1) -- applicable to all appeals docketed on or after 1 October 1981;

12 January 1982 -- 9(c)(1) -- applicable to all appeals docketed after 15 March 1982;27 November 1984 -- applicable to all appeals in which the notice of appeal is filed on orafter 1 February 1985;8 December 1988 -- 9(a), (c) -- effective for all judgments of the trial tribunal entered onor after 1 July 1989;8 June 1989 -- 9(a) -- effective for all judgments of the trial tribunal entered on or after1 July 1989;26 July 1990 -- 9(a)(3)(h), 9(d)(2) -- effective 1 October 1990;6 March 1997 -- 9(b)(5) -- effective upon adoption 6 March 1997;21 November 1997 -- 9(a)(1)(j)-(l), 9(a)(3)(i)-(k), 9(c)(5) -- effective 1 February 1998;18 October 2001-- 9(d)(2) -- effective 31 October 2001;6 May 2004 – 9(a), 9(a)(4), 9(b)(2), 9(b)(6), 9(c), 9(c)(2), 9(c)(3)(c), 9(d)(1), 9(d)(3) –effective 12 May 2004;25 January 2007 – added 9(a)(1)(m) & 9(a)(3)(l); amended 9(b)(4) – effective 1 March2007 and applies to all cases appealed on or after that date.

Reenacted andAmended: 2 July 2009 -- amended and rewrote portions of 9(a), (b), (c), & (d) -- effective 1 October

2009 and applies to all cases appealed on or after that date.

RULE 10PRESERVATION OF ISSUES AT TRIAL; PROPOSED ISSUES ON APPEAL

(a) Preserving Issues During Trial Proceedings.

(1) General. In order to preserve an issue for appellate review, a party must have presentedto the trial court a timely request, objection, or motion, stating the specific grounds for theruling the party desired the court to make if the specific grounds were not apparent fromthe context. It is also necessary for the complaining party to obtain a ruling upon theparty’s request, objection, or motion. Any such issue that was properly preserved forreview by action of counsel taken during the course of proceedings in the trial tribunal byobjection noted or which by rule or law was deemed preserved or taken without any suchaction, including, but not limited to, whether the judgment is supported by the verdict orby the findings of fact and conclusions of law, whether the court had jurisdiction over thesubject matter, and whether a criminal charge is sufficient in law, may be made the basisof an issue presented on appeal.

(2) Jury Instructions. A party may not make any portion of the jury charge or omissiontherefrom the basis of an issue presented on appeal unless the party objects thereto beforethe jury retires to consider its verdict, stating distinctly that to which objection is madeand the grounds of the objection; provided that opportunity was given to the party tomake the objection out of the hearing of the jury, and, on request of any party, out of thepresence of the jury.

(3) Sufficiency of the Evidence. In a criminal case, a defendant may notmake insufficiency of the evidence to prove the crime charged the basis


of an issue presented on appeal unless a motion to dismiss the action, orfor judgment as in case of nonsuit, is made at trial. If a defendantmakes such a motion after the State has presented all its evidence andhas rested its case and that motion is denied and the defendant thenintroduces evidence, defendant’s motion for dismissal or judgment incase of nonsuit made at the close of State’s evidence is waived. Such awaiver precludes the defendant from urging the denial of such motionas a ground for appeal.

A defendant may make a motion to dismiss the action, or for judgment as in case ofnonsuit, at the conclusion of all the evidence, irrespective of whether defendant made anearlier such motion. If the motion at the close of all the evidence is denied, the defendantmay urge as ground for appeal the denial of the motion made at the conclusion of all theevidence. However, if a defendant fails to move to dismiss the action, or for judgment asin case of nonsuit, at the close of all the evidence, defendant may not challenge on appealthe sufficiency of the evidence to prove the crime charged.

If a defendant’s motion to dismiss the action, or for judgment as in case of nonsuit, isallowed, or shall be sustained on appeal, it shall have the force and effect of a verdict of“not guilty” as to such defendant.

(4) Plain Error. In criminal cases, an issue that was not preserved by objection noted at trialand that is not deemed preserved by rule or law without any such action nevertheless maybe made the basis of an issue presented on appeal when the judicial action questioned isspecifically and distinctly contended to amount to plain error.

(b) Appellant’s Proposed Issues on Appeal. Proposed issues that the appellant intends to present onappeal shall be stated without argument at the conclusion of the record on appeal in a numbered list. Proposed issueson appeal are to facilitate the preparation of the record on appeal and shall not limit the scope of the issues presentedon appeal in an appellant’s brief.

(c) Appellee’s Proposed Issues on Appeal as to an Alternative Basis in Law. Without taking an appeal,an appellee may list proposed issues on appeal in the record on appeal based on any action or omission of the trialcourt that was properly preserved for appellate review and that deprived the appellee of an alternative basis in lawfor supporting the judgment, order, or other determination from which appeal has been taken. An appellee’s list ofproposed issues on appeal shall not preclude an appellee from presenting arguments on other issues in its brief.

Portions of the record or transcript of proceedings necessary to an understanding of such proposed issues onappeal as to an alternative basis in law may be included in the record on appeal by agreement of the parties underRule 11(a), may be included by the appellee in a proposed alternative record on appeal under Rule 11(b), or may bedesignated for inclusion in the verbatim transcript of proceedings, if one is filed under Rule 9(c)(2).


Adopted: 13 June 1975.Amended: 10 June 1981 -- 10(b)(2), applicable to every case the trial of which begins on or after

1 October 1981;7 July 1983 -- 10(b)(3);27 November 1984 -- applicable to appeals in which the notice of appeal is filed on orafter 1 February 1985;8 December 1988 -- effective for all judgments of the trial tribunal entered on or after1 July 1989.

Reenacted and


Amended: 2 July 2009 -- changed title of rule; deleted former 10(a); renumbered and amendedremaining subsections as (a) - (c) -- effective 1 October 2009 and applies to all casesappealed on or after that date.

RULE 11SETTLING THE RECORD ON APPEAL

(a) By Agreement. This rule applies to all cases except those subject to expedited schedules in Rule3.1.

Within thirty-five days after the reporter or transcriptionist certifies delivery of the transcript, if such wasordered (seventy days in capitally tried cases), or thirty-five days after appellant files notice of appeal, whichever islater, the parties may by agreement entered in the record on appeal settle a proposed record on appeal prepared byany party in accordance with Rule 9 as the record on appeal.

(b) By Appellee’s Approval of Appellant’s Proposed Record on Appeal. If the record on appeal is notsettled by agreement under Rule 11(a), the appellant shall, within the same times provided, serve upon all otherparties a proposed record on appeal constituted in accordance with the provisions of Rule 9. Within thirty days(thirty-five days in capitally tried cases) after service of the proposed record on appeal upon an appellee, thatappellee may serve upon all other parties a notice of approval of the proposed record on appeal, or objections,amendments, or a proposed alternative record on appeal in accordance with Rule 11(c). If all appellees within thetimes allowed them either serve notices of approval or fail to serve either notices of approval or objections,amendments, or proposed alternative records on appeal, appellant’s proposed record on appeal thereupon constitutesthe record on appeal.

(c) By Agreement, by Operation of Rule, or by Court Order After Appellee’s Objection orAmendment. Within thirty days (thirty-five days in capitally tried cases) after service upon appellee of appellant’sproposed record on appeal, that appellee may serve upon all other parties specific amendments or objections to theproposed record on appeal, or a proposed alternative record on appeal. Amendments or objections to the proposedrecord on appeal shall be set out in a separate paper and shall specify any item(s) for which an objection is based onthe contention that the item was not filed, served, submitted for consideration, admitted, or made the subject of anoffer of proof, or that the content of a statement or narration is factually inaccurate. An appellant who objects to anappellee’s response to the proposed record on appeal shall make the same specification in its request for judicialsettlement. The formatting of the proposed record on appeal and the order in which items appear in it are theresponsibility of the appellant.

If any appellee timely serves amendments, objections, or a proposed alternative record on appeal, the recordon appeal shall consist of each item that is either among those items required by Rule 9(a) to be in the record onappeal or that is requested by any party to the appeal and agreed upon for inclusion by all other parties to the appeal. If a party requests that an item be included in the record on appeal but not all other parties to the appeal agree to itsinclusion, then that item shall not be included in the printed record on appeal, but shall be filed by the appellant withthe printed record on appeal in three copies of a volume captioned “Rule 11(c) Supplement to the Printed Record onAppeal,” along with any verbatim transcripts, narrations of proceedings, documentary exhibits, and other items thatare filed pursuant to Rule 9(c) or 9(d); provided that any item not filed, served, submitted for consideration, or admitted, or for which no offer of proof was tendered, shall not be included. Subject to the additional requirementsof Rule 28(d), items in the Rule 11(c) supplement may be cited and used by the parties as would items in the printedrecord on appeal.

If a party does not agree to the wording of a statement or narration required or permitted by these rules,there shall be no judicial settlement to resolve the dispute unless the objection is based on a contention that thestatement or narration concerns an item that was not filed, served, submitted for consideration, admitted, or tenderedin an offer of proof, or that a statement or narration is factually inaccurate. Instead, the objecting party is permittedto have inserted in the settled record on appeal a concise counter-statement. Parties are strongly encouraged to reach


agreement on the wording of statements in records on appeal. Judicial settlement is not appropriate for disputes thatconcern only the formatting of a record on appeal or the order in which items appear in a record on appeal.

The Rule 11(c) supplement to the printed record on appeal shall contain an index of the contents of thesupplement, which shall appear as the first page thereof. The Rule 11(c) supplement shall be paginated as requiredby Rule 9(b)(4) and the contents should be arranged, so far as practicable, in the order in which they occurred orwere filed in the trial tribunal. If a party does not agree to the inclusion or specification of an exhibit or transcript inthe printed record, the printed record shall include a statement that such items are separately filed along with thesupplement.

If any party to the appeal contends that materials proposed for inclusion in the record or for filing therewithpursuant to Rule 9(c) or 9(d) were not filed, served, submitted for consideration, admitted, or made the subject of anoffer of proof, or that a statement or narration permitted by these rules is not factually accurate, then that party,within ten days after expiration of the time within which the appellee last served with the appellant’s proposedrecord on appeal might have served amendments, objections, or a proposed alternative record on appeal, may inwriting request that the judge from whose judgment, order, or other determination appeal was taken settle the recordon appeal. A copy of the request, endorsed with a certificate showing service on the judge, shall be filed forthwith inthe office of the clerk of the superior court and served upon all other parties. Each party shall promptly provide tothe judge a reference copy of the record items, amendments, or objections served by that party in the case.

The functions of the judge in the settlement of the record on appeal are to determine whether a statementpermitted by these rules is not factually accurate, to settle narrations of proceedings under Rule 9(c)(1), and todetermine whether the record accurately reflects material filed, served, submitted for consideration, admitted, ormade the subject of an offer of proof, but not to decide whether material desired in the record by either party isrelevant to the issues on appeal, non-duplicative, or otherwise suited for inclusion in the record on appeal.

The judge shall send written notice to counsel for all parties setting a place and a time for a hearing to settlethe record on appeal. The hearing shall be held not later than fifteen days after service of the request for hearingupon the judge. The judge shall settle the record on appeal by order entered not more than twenty days after serviceof the request for hearing upon the judge. If requested, the judge shall return the record items submitted forreference during the judicial settlement process with the order settling the record on appeal.

If any appellee timely serves amendments, objections, or a proposed alternative record on appeal, and nojudicial settlement of the record is timely sought, the record is deemed settled as of the expiration of the ten dayperiod within which any party could have requested judicial settlement of the record on appeal under this Rule 11(c).

Provided that, nothing herein shall prevent settlement of the record on appeal by agreement of the parties atany time within the times herein limited for settling the record by judicial order.

(d) Multiple Appellants; Single Record on Appeal. When there are multiple appellants (two or more),whether proceeding separately or jointly, as parties aligned in interest, or as cross-appellants, there shall neverthelessbe but one record on appeal. The proposed issues on appeal of the several appellants shall be set out separately inthe single record on appeal and attributed to the several appellants by any clear means of reference. In the eventmultiple appellants cannot agree to the procedure for constituting a proposed record on appeal, the judge from whosejudgment, order, or other determination the appeals are taken shall, on motion of any appellant with notice to allother appellants, enter an order settling the procedure, including the allocation of costs.

(e) Extensions of Time. The times provided in this rule for taking any action may be extended inaccordance with the provisions of Rule 27(c).



Adopted: 13 June 1975.Amended: 27 November 1984 -- 11(a), (c), (e), (f) -- applicable to appeals in which the notice of

appeal is filed on or after 1 February 1985.8 December 1988 -- 11(a), (b), (c), (e), (f) -- effective for all judgments of the trialtribunal entered on or after 1 July 1989;26 July 1990 -- 11(b), (c), (d) -- effective 1 October 1990;6 March 1997 -- 11(c) -- effective upon adoption 6 March 1997;21 November 1997 -- 11(a) -- effective 1 February 1998;6 May 2004 – 11(b), (c), (d)– effective 12 May 2004;25 January 2007 – 11(c), paras. 1, 2, 5, 6; added paras. 3, 4, 8 – effective 1 March 2007and applies to all cases appealed on or after that date.

Reenacted andAmended: 2 July 2009 -- amended 11(a) & (d); added 11(e) -- effective 1 October 2009 and applies

to all cases appealed on or after that date.

RULE 12FILING THE RECORD; DOCKETING THE APPEAL; COPIES OF THE RECORD

(a) Time for Filing Record on Appeal. Within fifteen days after the record on appeal has been settledby any of the procedures provided in Rule 11 or Rule 18, the appellant shall file the record on appeal with the clerkof the court to which appeal is taken.

(b) Docketing the Appeal. At the time of filing the record on appeal, the appellant shall pay to theclerk the docket fee fixed pursuant to N.C.G.S. § 7A-20(b), and the clerk shall thereupon enter the appeal upon thedocket of the appellate court. If an appellant is authorized to appeal in forma pauperis as provided in N.C.G.S. §§1-288 or 7A-450 et seq., the clerk shall docket the appeal upon timely filing of the record on appeal. An appeal isdocketed under the title given to the action in the trial division, with the appellant identified as such. The clerk shallforthwith give notice to all parties of the date on which the appeal was docketed in the appellate court.

(c) Copies of Record on Appeal. The appellant shall file one copy of the record on appeal, threecopies of each exhibit designated pursuant to Rule 9(d), three copies of any supplement to the record on appealsubmitted pursuant to Rule 11(c) or Rule 18(d)(3) and shall cause the transcript to be filed electronically pursuant toRule 7. The clerk will reproduce and distribute copies as directed by the court, billing the parties pursuant to theserules.


Adopted: 13 June 1975.Amended: 27 November 1984 -- applicable to appeals in which the notice of appeal is filed on or

after 1 February 1985;8 December 1988 -- 12(a), (c) -- effective for all judgments of the trial tribunal entered onor after 1 July 1989;6 March 1997 -- 12(c) -- effective upon adoption 6 March 1997;1 May 2003 -- 12(c);25 January 2007 – 12(a), (c) – effective 1 March 2007 and applies to all cases appealedon or after that date.

Reenacted andAmended: 2 July 2009 -- amended 12(c) -- effective 1 October 2009 and applies to all cases

appealed on or after that date.


27 November 1984 -- 26(a) -- effective for documents filed on and after 1 February 1985;30 June 1988 -- 26(a), (g) -- effective 1 September 1988;26 July 1990 -- 26(a) -- effective 1 October 1990;6 March 1997 -- 26(b), (g) -- effective 1 July 1997;4 November 1999 -- effective 15 November 1999;18 October 2001 -- 26(g), para. 1 -- effective 31 October 2001;15 August 2002 -- 26(a)(1);3 October 2002 -- 26(g) -- effective 7 October 2002;1 May 2003 -- 26(a)(1);6 May 2004 – 26(g)(4) – effective 12 May 2004.

Reenacted andAmended: 2 July 2009 -- amended 26(g)(3) & (4) -- effective 1 October 2009 and applies to all

cases appealed on or after that date.

RULE 27COMPUTATION AND EXTENSION OF TIME

(a) Computation of Time. In computing any period of time prescribed or allowed by these rules, byorder of court, or by any applicable statute, the day of the act, event, or default after which the designated period oftime begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday,Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday,Sunday, or a legal holiday.

(b) Additional Time After Service by Mail. Except as to filing of notice of appeal pursuant to Rule3(c), whenever a party has the right to do some act or take some proceedings within a prescribed period after theservice of a notice or other paper and the notice or paper is served by mail, three days shall be added to theprescribed period.

(c) Extensions of Time; By Which Court Granted. Except as herein provided, courts for good causeshown may upon motion extend any of the times prescribed by these rules or by order of court for doing any actrequired or allowed under these rules, or may permit an act to be done after the expiration of such time. Courts maynot extend the time for taking an appeal or for filing a petition for discretionary review or a petition for rehearing orthe responses thereto prescribed by these rules or by law.

(1) Motions for Extension of Time in the Trial Division. The trial tribunal for good causeshown by the appellant may extend once for no more than thirty days the time permittedby Rule 11 or Rule 18 for service of the proposed record on appeal.

Motions for extensions of time made to a trial tribunal may be made orally or inwriting and without notice to other parties and may be determined at any time or placewithin the state.

Motions made under this Rule 27 to a court of the trial division may be heardand determined by any of those judges of the particular court specified in Rule 36 of theserules. Such motions made to a commission may be heard and determined by the chair ofthe commission; or if to a commissioner, then by that commissioner.

(2) Motions for Extension of Time in the Appellate Division. All motions for extensions oftime other than those specifically enumerated in Rule 27(c)(1) may be made only to theappellate court to which appeal has been taken.

(d) Motions for Extension of Time; How Determined. Motions for extension of time made in anycourt may be determined ex parte, but the moving party shall promptly serve on all other parties to the appeal a copyof any order extending time; provided that motions made after the expiration of the time allowed in these rules for


the action sought to be extended must be in writing and with notice to all other parties and may be allowed only afterall other parties have had an opportunity to be heard.


Adopted: 13 June 1975.Amended: 7 March 1978 -- 27(c);

4 October 1978 -- 27(c) -- effective 1 January 1979;27 November 1984 -- 27(a), (c) -- effective 1 February 1985;8 December 1988 -- 27(c) -- effective for all judgments of the trial tribunal entered on orafter 1 July 1989;26 July 1990 -- 27(c), (d) -- effective 1 October 1990;18 October 2001 -- 27(c) -- effective 31 October 2001.

Reenacted andAmended: 2 July 2009 -- amended 27(b) -- effective 1 October 2009 and applies to all cases

appealed on or after that date.

RULE 28BRIEFS: FUNCTION AND CONTENT

(a) Function. The function of all briefs required or permitted by these rules is to define clearly theissues presented to the reviewing court and to present the arguments and authorities upon which the parties rely insupport of their respective positions thereon. The scope of review on appeal is limited to issues so presented in theseveral briefs. Issues not presented and discussed in a party’s brief are deemed abandoned. Similarly, issuesproperly presented for review in the Court of Appeals, but not then stated in the notice of appeal or the petitionaccepted by the Supreme Court for review and discussed in the new briefs required by Rules 14(d)(1) and 15(g)(2) tobe filed in the Supreme Court for review by that Court, are deemed abandoned.

Parties shall protect the identity of juveniles covered by Rules 3(b)(1), 3.1(b), or 4(e) pursuant to said rules.

(b) Content of Appellant’s Brief. An appellant’s brief shall contain, under appropriate headings and inthe form prescribed by Rule 26(g) and the appendixes to these rules, in the following order:

(1) A cover page, followed by a subject index and table of authorities as required by Rule 26(g).

(2) A statement of the issues presented for review. The proposed issues on appeal listed inthe record on appeal shall not limit the scope of the issues that an appellant may argue inits brief.

(3) A concise statement of the procedural history of the case. This shall indicate the nature ofthe case and summarize the course of proceedings up to the taking of the appeal beforethe court.

(4) A statement of the grounds for appellate review. Such statement shall include citation ofthe statute or statutes permitting appellate review. When an appeal is based on Rule54(b) of the Rules of Civil Procedure, the statement shall show that there has been a finaljudgment as to one or more but fewer than all of the claims or parties and that there hasbeen a certification by the trial court that there is no just reason for delay. When anappeal is interlocutory, the statement must contain sufficient facts and argument tosupport appellate review on the ground that the challenged order affects a substantialright.

(5) A full and complete statement of the facts. This should be a non-argumentative summaryof all material facts underlying the matter in controversy which are necessary to



November 1, 2010

Appendix C: Sample Documents

Transcripts

Certificate of Transcript

Certificate of Delivery

Contract

Order

Verdict Sheets

Office: (910)341-1186 Official Court Reporter

Reported by: Jean Dunne, RPR Wilmington, North Carolina 28401 201 Princess Street FOR THE DEFENDANT: BRIAN MOORE, Esq.

Wilmington, North Carolina 28401 316 Princess Street Assistant District Attorney

FOR THE STATE: JANET R. COLEMAN, Esq.

A P P E A R A N C E S: Jay D. Hockenbury, Judge presiding. March 23, 2009, Criminal Session, before the Honorable County, Wilmington, North Carolina, commencing during the Justice, Superior Court Division, held in New Hanover

Transcript of trial in the General Court of ______________________________) Defendant. ) LARRY BRUNSON, ) ) VS. ) TRANSCRIPT OF TRIAL ) STATE OF NORTH CAROLINA ) ) ______________________________ COUNTY OF NEW HANOVER FILE NO. 08-CRS-50792 SUPERIOR COURT DIVISION STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

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2 Plastic bag 93 96 1C Lab report 139 147 pills 97 146 1B Plastic bag containing bottle of Exhibit 1 96 146 1A Manila envelope inside State's 1 Manila envelope 93 146 Marked Received STATE'S EXHIBITS

Judgments 190 Sentencing hearing 184 Verdicts 181 Judge Hockenbury's charge to the jury 169 Charge conference 163 Defendant's motion 162 Defense rests 161 Defendant's motion 158 State rests 158 Jury impaneled 18 Court addresses defendant regarding plea offer 4 Page GENERAL INDEX

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25FURTHER REDIRECT EXAMINATION BY MS. COLEMAN 155 RECROSS-EXAMINATION BY MR. MOORE 152 REDIRECT EXAMINATION BY MS. COLEMAN 150 CROSS-EXAMINATION BY MR. MOORE 148 DIRECT EXAMINATION BY MS. COLEMAN 133 Page BRITTANY DEWELL CROSS-EXAMINATION BY MR. MOORE 132 DIRECT EXAMINATION BY MS. COLEMAN 121 Page JAMES INNELLA CROSS-EXAMINATION BY MR. MOORE 120 DIRECT EXAMINATION BY MS. COLEMAN 110 Page TYLER O'DONNELL CROSS-EXAMINATION BY MR. MOORE 101 DIRECT EXAMINATION BY MS. COLEMAN (continuing) 88 Page PETER OEHL

STATE'S WITNESSES CROSS-EXAMINATION BY MS. COLEMAN 67 VOIR DIRE EXAMINATION BY MR. MOORE 63 Page LARRY BRUNSON

DEFENDANT'S WITNESS ON SUPPRESSION HEARING VOIR DIRE EXAMINATION BY MR. MOORE 57 VOIR DIRE EXAMINATION BY MS. COLEMAN 51 Page PETER OEHL

STATE'S WITNESS ON SUPRESSION HEARING DIRECT EXAMINATION BY MS. COLEMAN 37 Page PETER OEHL

STATE'S WITNESSES

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25 charged with the following cases. 08-CRS-50792, count 1,

THE COURT: And Mr. Brunson, you are

THE DEFENDANT: Larry Darnell Brunson.

THE COURT: State your name to the Court.

THE DEFENDANT: Yes, sir.

feel free to do that. All right?

have any questions you want to ask the Court, you can

and I want you to understand your situation. And if you

guilty. Because we're dealing with a lot of time here,

and what the State's plea offer is to you if you plead

sentences could be if you're convicted of the charges,

to understand what you're charged with, what your

So what I'm going to do to you, I want you

All right?

the State of North Carolina is offering you in this case.

importantly, I want you to understand what plea agreement

we do that, I want to put on the record, and also, most

to call a jury up here and start your trial. But before

THE COURT: Mr. Brunson, we're about ready

THE DEFENDANT: Yes, sir.

Mr. Brunson in front of me. Is that right, sir?

v. Larry Darnell Brunson. And I believe that's

THE COURT: We're here on the case of State

4:11 p.m.)

(This case was called March 23, 2009, at

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25 talk to the bailiffs about over at the jail, if she can

THE COURT: We'll make arrangements -- I'll

see my family?

THE DEFENDANT: Can I say something? Can I

your custody.

All right, Mr. Bailiff, the defendant is in

work release the defendant is assigned to.

of $500,000. And that also can be paid off through any

Court is going to levy, as according to statute, a fine

the State for the cost of his attorney fees. And the

release or post-release supervision, he's to reimburse

result of this charge. If the defendant gets on work

time he spent in confinement prior to today's date as a

The defendant will get credit for whatever

Department of Corrections.

minimum, 279 months maximum in the North Carolina

Corrections. That's the minimum and maximum: 225 months

and a maximum term of 279 months in the Department of

months in the North Carolina Department of Corrections

judgment. And that judgment is a minimum term of 225

judgments, all these convictions, these charges, into one

The Court will consolidate all these

is checked on the judgment, Madam Clerk.

this is a drug trafficking case. So make sure that box

findings as to mitigating or aggravating factors, because

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END OF TRANSCRIPT

* * * * *

(The defendant left the courtroom.)

I'll talk to the bailiffs about that for you.

see you before you get sent off, Mr. Brunson. All right?

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Fifth Judicial District Official Court Reporter Jean Dunne, RPR

_____________________________

This 21st day of April, 2009.

of the action.

am not financially or otherwise interested in the outcome

attorney or counsel employed by the parties thereto, and

further, that I am not a relative or employee of any

the action in which this proceeding was heard; and

for, related to, nor employed by any of the parties in

I further certify that I am neither counsel

and verbatim transcript of said proceeding.

said hearing, pages 1 through 192, is a true, correct,

foregoing proceedings was taken, do hereby certify that

I, Jean Dunne, RPR, the officer before whom the

COUNTY OF NEW HANOVER

STATE OF NORTH CAROLINA

CERTIFICATE

193

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISION

COUNTY OF WAKE 09 CRS 17080

STATE OF NORTH CAROLINA,Plaintiff,

versus

FREDDIE ROBINSON,Defendant.

. . . . . . . . . . . . . . . .

CERTIFICATEOF DELIVERY

This is to certify that the transcript of proceedings at the

December 2, 2009 Session of Wake County Superior Court was

ordered on the Appellate Entries by the Honorable Paul C.

Ridgeway on July 27, 2010, comprises 17 pages, and was delivered

electronically and by U.S. Mail, postage pre-paid, to counsel

listed below on the 24th day of September, 2010.

Rosa D. DulaAssistant District AttorneyPost Office Box 31Raleigh, NC [email protected]

Haral Edward CarlinAttorney at LawPost Office Box 53689Fayetteville, NC [email protected]

David E. Jester, CVROfficial Court Reporter229 Kinton DriveFuquay-Varina, NC 275263


COUNTY OF BRUNSWICK 07 CVS 106

TERRI LYNN ROBERTSON and MARYDIANNE GODWIN DANIEL,

Plaintiffs,versus

STERIS CORPORATION, a DelawareCorporation; et al,

Defendants.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CONTRACT & NOTICE OF ARRANGEMENT FOR

PRODUCTION OF TRANSCRIPT

THIS IS AN AGREEMENT between David E. Jester, Official Court Reporter

(Reporter) and Henry Temple, Attorney at Law (Requester) for the production of a transcript

of trial proceedings in the above captioned case at the September 23, 2009 session of

Brunswick County Superior Court, a hearing held before Judge Hooks in Columbus County.

The transcript shall be produced in accordance with the guidelines established by the

North Carolina Administrative Office of the Courts, and according to the following terms:

1. One original by e-mail and on compact disc shall be provided to the Requester.

2. Estimated length of the transcript is 120 pages. Fee for the transcript is $5.00

per page. Estimated total cost for the transcript is $600.

3. No deposit or prepayment is made at the time of this contract, but the

Requester is liable for payment in full of all costs relating to production of the

transcript (Gualtieri v. Burleson, 353 S.E.2nd 852).

4. Should the transcript requested herein no longer be desired by the Requester,

the Requester may terminate this contract only upon payment by the Requester

for all work completed at the time of cancellation.

5. Upon completion of the transcript, the Reporter will forward to the Requester

an invoice for the total cost of the transcript. Upon payment of that invoice in

full, the Reporter will forward the transcript to the Requester.

6. Requester may copy the transcript for use by the Requester only. No copy of

the transcript shall be made by the Requester for another party and specifically

shall not be provided by the Requester to any opposing party. Requester

hereby agrees that the Reporter shall remain the sole source for any other party

obtaining a copy, in whole or in part, of the transcript.

7. Pursuant to the applicable rules, a copy of the transcript will be filed with the

Court of Appeals by the Reporter but shall not be included in or as a part of

any proposed or final Record on Appeal and, therefore, will not be provided to

any other party, opposing or otherwise, as a part of any proposed or final

Record on Appeal.

8. In the event that a court of competent jurisdiction orders the Requester to

provide the transcript to another person or opposing party, the Requester shall

buy an additional copy from the Reporter to provide to that other person or

opposing party.

David E. Jester, Official Court Reporter

14 October 2009Date

Henry Temple, Attorney at Law

Date


COUNTY OF JOHNSTON 07 CRS 8410, 54101, 54693-96

STATE OF NORTH CAROLINA,

Versus

BRIAN BLAKEMAN,Defendant.

. . . . . . . . . . . . . . . .

ORDER FOR TRANSCRIPT

UPON MOTION by the Defendant, the Court makes thefollowing findings:

1. That a hearing in the above captioned case wasconducted by the Court on the Defendant’s Motion toSuppress on Friday, August 8, 2008 in which evidencewas presented, arguments made, and the Defendant’smotion was denied.

2. That this case is scheduled for trial on September22, 2008.

3. That a transcript of the said hearing would beuseful at trial and in counsels’ preparation fortrial.

4. That the Defendant has previously been foundindigent and counsel appointed by the Court for him.

IT IS THEREFORE ORDERED that a transcript of the hearingbe prepared by the Court Reporter, David Jester, and providedto counsel for the Defendant and that a copy also be providedto counsel for the State. It is further ordered that allcosts for the preparation of the transcript and the providingof copies be borne by the State by and through theAdministrative Office of the Courts.

This the ____ day of _________________, 2008.

Superior Court Judge Presiding


COUNTY OF WAKE 09 CRS 203207

STATE OF NORTH CAROLINA,

Versus

LUIS REYES TORRES,Defendant.

. . . . . . . . . . . . . . . .

VERDICT

We, the jury, by unanimous verdict find the defendant:

_______ Guilty of trafficking in cocaine by possession

OR

_______ Guilty of possession with intent to sell anddeliver cocaine

OR

_______ not guilty.

This the ____ day of _________________, 2008.

Signature of Foreperson

Printed Name of Foreperson

Printed name of Foreperson ___________________________ Signature of the Foreperson ___________________________ This the _____ day of September, 2010 $_____________________ entitled to recover for wrongful death? What amount is the Estate of Christopher Williams Issue 2: not consider Issue 2. becomes your verdict and ends the lawsuit, and you will answered Issue 1 "No," in favor of the Defendant, that then you shall proceed to answer Issue 2. If you If you answered Issue 1 "Yes," in favor of the Plaintiff, _______ Yes _______ No and Atlantic Orthopedics, P.A.? negligence of the Defendants Robert Mark Rodger, M.D., Was the death of Christopher Williams caused by the Issue 1: the following issues: We, the jury, find by unanimous verdict the answers to ______________________________) Defendants. ) ATLANTIC ORTHOPEDICS, P.A., ) ROBERT MARK RODGER, M.D., and ) ) vs. ) ) VERDICT Plaintiff, ) WILLIAMS, deceased, ) of CHRISTOPHER FITZGERALD ) Administratrix of the Estate ) LILLIE FAYE WILLIAMS, as ) ) ______________________________ COUNTY OF NEW HANOVER FILE NO. 08-CVS-2512

SUPERIOR COURT DIVISION STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE



November 1, 2010

Appendix D

Court Reporter/Transcriptionists’ Instructionsfor Electronic Filing in the Supreme Courtand Court of Appeals of North Carolina

COURT REPORTER/TRANSCRIPTIONISTS’ INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT

AND COURT OF APPEALS OF NORTH CAROLINA NOTE: A case MUST be docketed before you can file a transcript. All transcripts MUST be filed under the docket number given to you by the Appellate Attorney. Internet address: www.ncappellatecourts.org (You may wish to bookmark this address.) Overview of Submitting Electronically:

1. Log on to Internet address and click on Register in order to register to submit your document. You will receive an email notification from the Clerk's Office when your registration/account has been enabled to e-file. Once you register and are accepted, you are free to submit numerous documents at any time you would like to both the Court of Appeals and the Supreme Court.

Note: Remember your password and exactly how you submitted your name. The system is case and punctuation sensitive.

2. Next you must Prepare your Document to be sent electronically. This requires converting the document to a PDF file using your Adobe Acrobat PDF Standard or other software.

3. When your document is ready for submission, you can go back to the e-filing

Internet address (www.ncappellatecourts.org) and fill out the form on the web by clicking on Submit and entering your registered user name and password. Fill out the required information and then Upload your file. If you need Help logging in or have problems with your password, please call or email the support line at 919-831-5708 or [email protected]. For all other questions, please call or email David Jester at 919-831-5974 or [email protected].

REGISTER

• In order to verify that you really are who you say you are, you must register, get a password, and be approved to e-file documents with us.

• On the Internet, go to the address www.ncappellatecourts.org. Our web page for the Electronic Filing and Document Library will be displayed on the screen.

• From this site you can Register, Submit, Browse Briefs that have been e-filed, and do Keyword searches.

COURT REPORTER/TRANSCRIPTIONISTS’ INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT AND COURT OF APPEALS OF NORTH CAROLINA

• At the left side, under User, click on Register. The User Registration screen will appear at the right. Choose whether you want to request a new account or Login to update your existing account.

• If you have never registered, click on Request a new account. • Fill in the blanks on the screen. For Firm Name, enter “Court Reporter.” For

Bar Number, you will enter “CR” and the last four digits of your social security number if you are a court reporter and “TR” and the last four digits of your social security number if you are a transcriptionist.

• The password suggested on screen in the very last blank may be used. However, we recommend that you enter one that is more easily remembered.

Note: You must remember your own password, because the Clerk's Office will not have access to it. Also remember the exact way you filled out your name. In fact, printing this registration screen before you Submit it is the recommended method of keeping your account information on hand for future reference. Also, please note that the system is case sensitive and punctuation sensitive.

• Click on Submit Request. • We will verify your status. After that, you will be notified by e-mail that your

request for registration is approved. If you need your request expedited or have problems with your confirmation, please call us at 919-831-5708. You will usually be approved within the same day as submission, unless your request was received after business hours (8:00 a.m. - 5:00 p.m. Eastern Time) on a weekend or holiday.

PREPARE THE DOCUMENT To get your document prepared for submittal, you must do the following two things:

1. Your transcript MUST be named in the following manner: “Transcript” + Name of Case) + (Date of Hearing/Trial) + (Volume Number). For example, your file number will look like this: “Transcript - State v. Doe - January 1, 2009 -Volume I of III.”

2. Your Transcript MUST be saved as a .PDF file. Formats such as .DOC or E-Tran are not allowed. You can download a free .PDF creator at www.cutepdf.com.

COURT REPORTER/TRANSCRIPTIONIST'S SUBMISSION After receiving email that your application has been approved, you may then login and begin submitting documents to be e-filed. Only .PDF files are accepted for e-filing. Filling out the Form on the Web:

1. When the you are ready to transmit the document, please return to the web address to complete the final step: http://www.ncappellatecourts.org

2. Under the Library heading, click on Submit.

COURT REPORTER/TRANSCRIPTIONISTS’ INSTRUCTIONS FOR ELECTRONIC FILING IN THE SUPREME COURT AND COURT OF APPEALS OF NORTH CAROLINA

3. Enter the User Name and Password to login. The E-Court Docket Submission screen will appear.

4. Under “I want to submit a document to the,” select the appropriate court - Supreme Court or Court of Appeals.

5. Select the option for “I want to ● Add a document to the docket number,” and enter the case number (the "COA" in the Court of Appeals case number is not required here).

6. Click on "Let's Go." 7. In Section II of the form, select Transcript from the drop-down list as the

Description of Document. This is the ONLY part of Section II that you will fill out.

8. Skip Section III and Section IV and scroll all the way down the page to Section V (Uploading the file).

9. Uploading the File (Section V): At the end of the data-fill section is a File Upload section where you must

"Select the file you wish to upload." Click on the Browse button to go to the directory/folder where you have

saved your document on your PC and double click on the file you want to submit for docketing (250 page maximum).

The filename will appear in the blank to the left of the Browse button. Click on the Upload button to submit your file plus all the accompanying data you have entered.

If you receive a window about security, select the option to continue. Since court documents are public information, the unsecured transmission is acceptable.

Your document will be considered filed by the Clerk's Office when it is received. To print a copy of the verification for your submission click File and Print in the main menu.

HELP For help with Electronic Filing, feel free to call David Jester at 919-831-5974 or the Appellate Court IT office at 919-831-5708 from 8 a.m. to 5 p.m., Monday through Friday. Remember, you may electronically file at any time of day or night, every day! However, the "clocked-in" deadline for documents is 11:59 p.m. EST on the due date.

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