Except as provided in this section, only the judge of superior court or of district court from whose order or judgment an appeal has been taken is empowered to settle the record on appeal when judicial settlement is required. A judge retains power to settle a record on appeal notwithstanding he has resigned or retired or his term of office has expired without reappointment or reelection since entry of the judgment or order. Proceedings for judicial settlement when the judge empowered by this section to settle the record on appeal is unavailable for the purpose by reason of death, mental or physical incapacity, retirement, or absence from the State shall be as provided by the rules of appellate procedure.
N.C. Gen. Stat. § 1-283
Trial judge empowered to settle record on appeal; effect of leaving office or of disability
Applied in 2 court decisions — leading case 146 N.C. App. 539 - North Carolina Farm Bureau Mutual Insurance v. Allen (2001)
Most recently applied in 225 N.C. App. 296 - Handy Sanitary District v. Badin Shores Resort Owners Ass'n (February 2013)
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; 2025-54, s. 12(a).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.