1-285. Undertaking on appeal.
(a) To render an appeal effectual for any purpose in a civil cause or special proceeding, a written undertaking must be executed on the part of the appellant, with good and sufficient surety, in the sum of two hundred fifty dollars ($250.00), or any lesser sum as might be adjudged by the court, to the effect that the appellant will pay all costs awarded against him on the appeal, and this undertaking must be filed with the clerk with whom the judgment or order was filed; or such sum must be deposited with the appropriate clerk of the appellate division in compliance with the North Carolina Rules of Appellate Procedure.
(b) The provisions of this section do not apply to the State of North Carolina, a city or a county or a local board of education, an officer thereof in his official capacity, or an agency thereof. (C.C.P., ss. 303, 312; 1871-2, c. 31; Code, ss. 552, 561; 1889, c. 135, s. 2; Rev., ss. 593, 595; C.S., s. 646; 1969, c. 44, s. 5; 1975, c. 391, s. 1; 1985, c. 468; 1987, c. 462, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 42.3.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-268 - Writs of error abolished.
§ 1-269 - Certiorari, recordari, and supersedeas.
§ 1-270 - Appeal to appellate division; security on appeal; stay.
§ 1-277 - Appeal from superior or district court judge.
§ 1-278 - Interlocutory orders reviewed on appeal from judgment.
§ 1-281 - Appeals from judgments not in session.
§ 1-285 - Undertaking on appeal.
§ 1-286 - Justification of sureties.
§ 1-288 - Appeals by indigents; clerk's fees.
§ 1-289 - Undertaking to stay execution on money judgment.
§ 1-290 - How judgment for personal property stayed.
§ 1-291 - How judgment directing conveyance stayed.
§ 1-292 - How judgment for real property stayed.
§ 1-293 - Docket entry of stay.
§ 1-294 - Scope of stay; security limited for fiduciaries.
§ 1-295 - Undertaking in one or more instruments; served on appellee.
§ 1-296 - Judgment not vacated by stay.
§ 1-297 - Judgment on appeal and on undertakings; restitution.