Katie Greene


What happens when there is a tolling motion under Rule 3 of the North Carolina Rules of Appellate Procedure pending before a trial court and a subsequent notice of appeal is filed? As the case law currently stands, depending on which of three tolling motions is pending, the trial court may be divested of jurisdiction to rule on the motion - a divestiture that could lead the appellate court to dismiss the appeal as untimely. This Article argues that the North Carolina courts have drawn arbitrary distinctions between the different tolling motions to determine whether a trial court is divested of jurisdiction. Instead, the North Carolina Rules of Appellate Procedure should be amended to conform with the approach laid out in the Federal Rules of Appellate Procedure, in which a trial court retains jurisdiction over a tolling motion even after a notice of appeal is filed and the notice of appeal does not become effective until there is an order disposing of the tolling motion.


To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.