State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-283

§1‑283.  Trial judge empowered to settle record on appeal; effect ofleaving office or of disability.

Except as provided in thissection, only the judge of superior court or of district court from whose orderor judgment an appeal has been taken is empowered to settle the record onappeal when judicial settlement is required. A judge retains power to settle arecord on appeal notwithstanding he has resigned or retired or his term ofoffice has expired without reappointment or reelection since entry of the judgmentor order. Proceedings for judicial settlement when the judge empowered by thissection to settle the record on appeal is unavailable for the purpose by reasonof death, mental or physical incapacity, or absence from the State shall be asprovided by the rules of appellate procedure. (C.C.P., s. 301; Code, s.550; 1889, c. 161; Rev., s. 591; 1907, c. 312; C.S., s. 644; 1971, c. 381, s.12; 1975, c. 391, s. 8.)