GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 536
The General Assembly of North Carolina enacts:
Section 1. G.S. 1-288 reads as rewritten:
"§ 1-288. Appeals by indigents; clerk's fees.
When any party to a civil action tried and determined in the superior
or district court at the time of trial or special proceeding desires an appeal
from the judgment rendered in the action to the Appellate Division, and is
unable, by reason of poverty, to make the deposit or to give the security
required by law for the appeal, it shall be the duty of the judge or clerk of
said court to make an order allowing the party to appeal from the judgment to
the Appellate Division as in other cases of appeal, without giving security
therefor. The party desiring to appeal from the judgment or order in a civil
action or special proceeding shall, within 30 days after the entry of the
judgment or order, make affidavit that he or she is unable by reason of poverty
to give the security required by law, and that he or she is advised by a
practicing attorney that there is error in a matter of law in the decision of
the court in the action. The affidavit must be accompanied by a written
statement from a practicing attorney of the court that the attorney has
examined the affiant's case, and is of opinion that the decision of the court,
in the action, is contrary to law. law. Nothing contained in this
section deprives the clerk of the superior court of the right to demand the
fees for the certificate and seal as now allowed by law in such cases.
Provided, that where the judge or the clerk has made an order allowing the
appellant to appeal as an indigent and the appeal has been filed in the
Appellate Division, and an error or omission has been made in the affidavit or
certificate of counsel, and the error is called to the attention of the court
before the hearing of the argument of the case, the court shall permit an
amended affidavit or certificate to be filed correcting the error or
omission."
Sec. 2. This act becomes effective October 1, 1995, and applies to all appeals by indigents from a judgment or order entered on or after that date.
In the General Assembly read three times and ratified this the 29th day of July, 1995.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives