Share on LinkedInShare on LinkedIn

ARTICLE · 25 SEPTEMBER 2019

On Notice: How To Avoid Improper Notices Of Appeal

A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so clear in practice.

United StatesLitigation, Mediation & Arbitration

Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. 

A Notice of Appeal must "designate the judgment or order from which appeal is taken."  But what might seem clear on its face isn't always so clear in practice. 

What does it mean to "designate the judgment or order" that you're appealing?  Does the appealing party need only designate the judgment or other order that gives appellate jurisdiction, or should it also designate all judgments or orders that will be challenged in the appeal?

The answers to these questions are easy in the case of an appeal from a "final" judgment, one that can be appealed of right.  In that case, the Notice of Appeal simply needs to reference that judgment.  For instance, if the court dismissed your case or awarded the opposing party summary judgment, then you simply identify the order ended the case. 

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from