Appeals Process

In North Carolina, the Attorney General's Office handles all criminal appeals from state trial courts. The appeals process can be very lengthy and includes several steps. To understand more about how appeals work, please see the timeline below and Criminal Appeals: Questions and Answers.

North Carolina law also provides certain protections for victims during the appeals process. To learn more about victims' legal rights, please see information on Victims Rights.

Criminal Appeals: Timeline

Step	Time ( *Courts may EXTEND time)
1. Conviction and Sentencing in trial court
2. Notice of Appeal given to trial court	Within 14 days
3. Transcript of trial ordered	Within 14 days
4. Transcript of trial prepared	Due in 60 days in non-capital cases* Due in 120 days in capital cases*
5. Record on Appeal prepared by defendant	Due in 35 days in non-capital cases* Due in 70 days in capital cases*
6. Record on Appeal reviewed by prosecutor	Within 21 days in non-capital cases* Within 35 days in capital cases*
7. Record on Appeal settled by judge (if requested)	Within 20 days*
8. Record on Appeal filed	Within 15 days
9. Printed Record on Appeal mailed	Within timely fashion
10. State Attorney assigned to appeal	Within timely fashion
11. Victim(s) notified of appellate proceedings	Per request
12. Defendant's brief filed with appellate court	Within 30 days in non-capital cases* Within 60 days in capital cases*
13. State's brief filed with appellate court	Within 30 days in non-capital cases* Within 60 days in capital cases*
14. Briefs reviewed by appellate court	Within several months
15. Opinion issued by appellate court	No time limit (Average time is 6 months)
16. Appealed to the Supreme Court from the Court of Appeals (when applicable)	Within 35 days

Click here for a printable version of this timeline.