When any party to a civil action tried and determined in the superior or district court at the time of trial or special proceeding desires an appeal from the judgment rendered in the action to the Appellate Division, and is unable, by reason of poverty, to make the deposit or to give the security required by law for the appeal, it shall be the duty of the judge or clerk of said court to make an order allowing the party to appeal from the judgment to the Appellate Division as in other cases of appeal, without giving security therefor. The party desiring to appeal from the judgment or order in a civil action or special proceeding shall, within 30 days after the entry of the judgment or order, make affidavit that he or she is unable by reason of poverty to give the security required by law. Nothing contained in this section deprives the clerk of the superior court of the right to demand the fees for the certificate and seal as now allowed by law in such cases. Provided, that where the judge or the clerk has made an order allowing the appellant to appeal as an indigent and the appeal has been filed in the Appellate Division, and an error or omission has been made in the affidavit or certificate of counsel, and the error is called to the attention of the court before the hearing of the argument of the case, the court shall permit an amended 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.)
Notes of Decisions
Griffis v. Lazarovich, 595 S.E.2d 797 (N.C. Ct. App. 2004).
· cites it 19× “§ 1-288 (2003), a person seeking to proceed in forma pauperis on appeal is required to file an affidavit indicating that he or she is unable by reason of poverty to give the security required by law within thirty days after the entry of the judgment or order.”
Matter of Caldwell, 330 S.E.2d 513 (N.C. Ct. App. 1985).
· cites it 6× “Respondent attempted to appeal in forma pauperis pursuant to N.C. Gen. Stat. § 1-288 (1983). Notice of appeal was given 7 June 1984, and trial counsel moved to withdraw the same day.”
In Re Burrus, 169 S.E.2d 879 (N.C. 1969).
· cites it 2× “Appeals in forma pauperis in civil actions tried in superior court are governed by G.S. 1-288 which provides, in pertinent part, that "[w]hen any party to a civil action tried and determined in the superior court .”
Tyll v. Berry, 758 S.E.2d 411 (N.C. Ct. App. 2014).
· cites it 3× “” On 23 January 2013, the Orange County Clerk of Superior Court entered an order allowing defendant to proceed as an indigent “[i]n accordance with NCGS § 1-288 and solely for the purposes stated therein.”
Williams v. Chaney, 792 S.E.2d 207 (N.C. Ct. App. 2016).
· cites it 2× “2d 333 , 333 (1953) (holding that compliance with N.C. Gen. Stat. § 1-288 is "mandatory and jurisdictional in character").”
Johnson v. Johnson, 320 S.E.2d 301 (N.C. Ct. App. 1984).
· cites it 2× “However, both failed to file their affidavits within ten days from the expiration of the session of court, as required by N.C. Gen. Stat. § 1-288 (1983). The provisions of the statute are mandatory and jurisdictional, and the purported appeal is subject to dismissal.”
In Re Shields, 315 S.E.2d 797 (N.C. Ct. App. 1984).
· cites it 2× “Appeals in forma pauperis from juvenile actions tried in district court are governed by the provisions of G.S. 1-288, the requirements of which are mandatory and must be observed.”
In Re Dqw, 604 S.E.2d 675 (N.C. Ct. App. 2004).
· cites it 17× “First, cross-appellant's argument is based on the erroneous premise that "entitlement of [respondent] to appeal as an indigent is controlled by N.C.G.S. § 1-288[.]" We conclude that, on the facts of this case, respondent's status as an indigent was not determined or governed by…”
Fairchild Props. v. Hall, 468 S.E.2d 605 (N.C. Ct. App. 1996).
· cites it 5× “Notwithstanding, such additional undertaking shall not be required of an indigent appellant who pros *288 ecutes his appeal with an in forma pauperis affidavit that meets the requirements of G.S. 1-288. G.S. § 42-34(b) and (c) (1994) (emphasis added).”
Dobbins v. Paul, 321 S.E.2d 537 (N.C. Ct. App. 1984).
· cites it 4× “N.C. Gen. Stat. § 1-288 (1968); Powell v.”
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