State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-288

§1‑288.  Appeals by indigents; clerk's fees.

When any party to a civilaction tried and determined in the superior or district court at the time oftrial or special proceeding desires an appeal from the judgment rendered in theaction to the Appellate Division, and is unable, by reason of poverty, to makethe deposit or to give the security required by law for the appeal, it shall bethe duty of the judge or clerk of said court to make an order allowing theparty to appeal from the judgment to the Appellate Division as in other casesof appeal, without giving security therefor. The party desiring to appeal fromthe judgment or order in a civil action or special proceeding shall, within 30days after the entry of the judgment or order, make affidavit that he or she isunable by reason of poverty to give the security required by law. Nothingcontained in this section deprives the clerk of the superior court of the rightto demand the fees for the certificate and seal as now allowed by law in suchcases. Provided, that where the judge or the clerk has made an order allowingthe appellant to appeal as an indigent and the appeal has been filed in theAppellate Division, and an error or omission has been made in the affidavit orcertificate of counsel, and the error is called to the attention of the courtbefore the hearing of the argument of the case, the court shall permit anamended affidavit or certificate to be filed correcting the error or omission. (1873‑4,c. 60; Code, s. 553; 1889, c. 161; Rev., s. 597; 1907, c. 878; C.S., s. 649;1937, c. 89; 1951, c. 837, s. 7; 1969, c. 44, s. 8; 1971, c. 268, s. 12; 1991,c. 563, s. 1; 1993, c. 435, s. 3; 1995, c. 536, s. 1.)