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NC General Statutes

N.C. Gen. Stat. § 1-283 (2026)

Trial judge empowered to settle record on appeal; effect of leaving office or of disability

✓ current as of July 2026
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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.  (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).)

 

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1946–2023 · leading case: North Carolina Farm Bureau Mut. Ins. v. Allen, 553 S.E.2d 420 (N.C. Ct. App. 2001).
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North Carolina Farm Bureau Mut. Ins. v. Allen, 553 S.E.2d 420 (N.C. Ct. App. 2001). · cites it 2× “Regardless of the inconclusive nature of the materials in the record on this issue, we take this opportunity to point out that “only the judge of [the] superior court or of [the] district court from whose order or judgment an appeal has been taken is empowered to settle the…”
Handy Sanitary Dist. v. Badin Shores Resort Owners Ass'n, 737 S.E.2d 795 (N.C. Ct. App. 2013). · cites it 2× “N.C. Gen.Stat. § 1-283 (1999). This Court has held that the appellate court is bound by the contents of the record on appeal.”
Von Hagel v. Blue Cross & Blue Shield, 370 S.E.2d 695 (N.C. Ct. App. 1988). “G.S. 1-283 provides: [O]nly the judge of superior court or of district court from whose order .”
Conrad v. Conrad, 113 S.E.2d 912 (N.C. 1960). “G.S. 1-283. The trial judge then has both the power and the duty to exercise supervision to see that the record accurately presents the questions on which this Court is expected to rule.”
Edward A. Ganey & Minor Son, Vance Alfred Ganey v. Napoleon B. Barefoot & Charles E. Rice, III, 749 F.2d 1124 (4th Cir. 1984). “If the case on appeal could not be settled by the trial judge under the provisions of N.C.G.S. § 1-283, the absence of a transcript would foreclose further processing of his appeal even if the state court entered an order allowing a belated appeal without prepayment of fees or a…”
State v. Allen, 196 S.E.2d 256 (N.C. 1973). · cites it 2× “After selection and impanelling of the jury, the Court welcomed a group of visiting children to the courtroom, and expressed the hope that they would return to court from time to time, but not as defendants.”
Jim Walter Corp. v. Gilliam, 132 S.E.2d 313 (N.C. 1963). “G.S. 1-283. Indeed, it does not appear that any case on appeal was ever served on plaintiff or its attorney.”
Russos v. . Bailey, 47 S.E.2d 22 (N.C. 1948). “” This is not sufficient, for neither he nor counsel has settled or determined what evidence was adduced at the hearing. When oral evidence is offered, the judge cannot settle the case on appeal by an anticipatory order.”
Hall v. Hall, 71 S.E.2d 471 (N.C. 1952). “G.S. 1-283; Russos v. Bailey, supra. Exceptions which point out errors occurring during the progress of a trial in which oral testimony is offered or challenge the sufficiency of the evidence to support the facts found can be presented only through a “case on appeal” or “case…”
Curry v. First Fed. Sav. & Loan, 479 S.E.2d 286 (N.C. Ct. App. 1997). · cites it 2× “§ 1A-1, Rules 52(b) (amendment to findings by court); Rule 60(a) (correction of clerical errors); and Rule 62 (stays). Consequently, by filing the 16 October 1995 notice of appeal, appellants removed jurisdiction from the trial court and its 31 October 1995 denial of the motions…”
State v. Hickman, 163 S.E.2d 632 (N.C. Ct. App. 1968). “The Attorney General of North Carolina under the statutes now in effect is charged with, among other things, the duty of defending all actions in the Appellate Division in which the State shall be interested or is a party.”
Lindsay v. . Brawley, 38 S.E.2d 528 (N.C. 1946). “Under G. S., 1-283, the judge is given power to settle the case on appeal.”
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