Notice of Appearance - North Carolina

NOTICE OF APPEARANCE

State of North Carolina — General Court of Justice

1. COURT HEADER AND CASE CAPTION

STATE OF NORTH CAROLINA                           IN THE GENERAL COURT OF JUSTICE

COUNTY OF [________________________________]       ☐ SUPERIOR COURT DIVISION
                                                   ☐ DISTRICT COURT DIVISION

                                                   File No. [____]-CVS-[________]
                                                   (or CVD for District Court)

[________________________________],
     Plaintiff(s),

          v.                                       NOTICE OF APPEARANCE

[________________________________],
     Defendant(s).

2. IDENTIFICATION OF COURT DIVISION AND DISTRICT

Select the applicable court division and judicial division:

Court Division:
☐ Superior Court Division
☐ District Court Division
☐ North Carolina Business Court (designated under N.C. Gen. Stat. § 7A-45.4)

Judicial Division (Superior Court — 8 Divisions, 50 Districts):

Judicial District Number: [____]
Resident or Presiding Superior Court Judge: [________________________________]

3. PARTY INFORMATION

Party Represented:

Name of Party: [________________________________]

Party Designation:
☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Counter-Claimant
☐ Intervenor
☐ Other: [________________________________]

4. ATTORNEY INFORMATION

Appearing Attorney:

Full Legal Name: [________________________________]
North Carolina State Bar Number: [________________________________]
Law Firm Name: [________________________________]
Street Address: [________________________________]
City: [________________________________] State: NC ZIP: [________]
Mailing Address (if different): [________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Primary Email: [________________________________]
Secondary Email (if any): [________________________________]

Additional Attorneys on the Matter (if applicable):

Attorney Name: [________________________________]
NC State Bar No.: [________________________________]
Email: [________________________________]
Role: ☐ Lead Counsel ☐ Associate Counsel ☐ Of Counsel

5. APPEARANCE STATEMENT

NOW COMES the undersigned attorney, [________________________________], North Carolina State Bar No. [________________________________], of the law firm of [________________________________], and hereby enters a formal appearance as counsel of record for [________________________________] ("Client"), the [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________] in the above-captioned action, pursuant to Rules 5 and 11 of the North Carolina Rules of Civil Procedure (N.C. Gen. Stat. § 1A-1).

The undersigned respectfully requests that all pleadings, motions, notices, orders, and other documents required to be served in this action be served upon the undersigned at the contact information set forth herein.

6. TYPE OF APPEARANCE

☐ General Appearance — The undersigned enters a full and general appearance on behalf of the above-named party for all purposes in this action.

☐ Limited Appearance — The undersigned enters a limited appearance on behalf of the above-named party for the following specific purposes only (see Section 9 below for scope details).

☐ Substitution of Counsel — The undersigned enters this appearance as substitute counsel, replacing [________________________________] (prior counsel). A separate Consent to Substitution / Order Allowing Substitution is being filed simultaneously.

☐ Additional Counsel — The undersigned enters this appearance as additional counsel of record alongside existing counsel [________________________________].

7. CONSENT TO ELECTRONIC SERVICE

Pursuant to N.C. R. Civ. P. 5 (as amended for the eCourts/Odyssey system), the undersigned:

☐ Consents to electronic service through the North Carolina eCourts (Odyssey) system. All electronic service shall be directed to the following email address(es) of record:

Primary e-service email: [________________________________]
Secondary e-service email: [________________________________]

☐ Does not consent to electronic service at this time.

IMPORTANT NOTE: As of October 13, 2025, all 100 North Carolina counties are live on the eCourts (Odyssey) electronic filing and case management system. Attorneys are required to file electronically. Paper filing solely on the basis of attorney preference is not permitted. A document filed through Odyssey is deemed filed when it is electronically file-stamped by the clerk of superior court. Service on an attorney must be made through Odyssey at the attorney's email address of record with the court, pursuant to amended Rule 5.

8. PRO HAC VICE ADMISSION (If Applicable)

☐ This section does not apply (attorney is a member of the North Carolina State Bar in good standing).

☐ The undersigned is seeking admission pro hac vice pursuant to N.C. Gen. Stat. § 84-4.1 and files the following:

Out-of-State Attorney Information:
Full Name: [________________________________]
Bar Admission(s): [________________________________] (State), Bar No. [________________________________]
Office Address: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

Associated North Carolina Attorney (Required):
Name: [________________________________]
NC State Bar No.: [________________________________]
Firm: [________________________________]

Pro Hac Vice Requirements under N.C. Gen. Stat. § 84-4.1:
☐ Motion for Pro Hac Vice Admission filed simultaneously
☐ Verified Statement of the applicant attorney attached
☐ Certificate of Good Standing from home jurisdiction attached
☐ Registration with the North Carolina State Bar completed
☐ Pro hac vice fee paid (currently $225.00)
☐ North Carolina local counsel has filed a separate Notice of Appearance

Business Court Note: In Business Court cases, the in-state attorney must first file a Notice of Appearance and then electronically file a motion for pro hac vice admission complying with BCR 7. Out-of-state counsel must not sign or appear on any filings as "counsel" or "attorney" with "pro hac vice forthcoming" before the motion is granted. Violation may result in sanctions and denial of the application.

9. LIMITED SCOPE REPRESENTATION (If Applicable)

☐ This section does not apply (general appearance entered above).

☐ Pursuant to N.C. R. Prof. Conduct 1.2(c), the undersigned enters a limited appearance for the following specific purpose(s):

Scope of Representation:
☐ Representation at the following specific hearing(s): [________________________________]
☐ Representation for discovery matters only
☐ Representation for mediation / settlement conference only
☐ Representation for trial only
☐ Representation for specific motion(s): [________________________________]
☐ Other limited scope: [________________________________]

Anticipated Duration of Limited Representation:
From: [__/__/____] Through: [__/__/____] or upon completion of: [________________________________]

Termination of Limited Appearance:
Upon completion of the stated limited purpose, the undersigned shall file a Notice of Completion of Limited Representation. The client shall be responsible for all further proceedings unless new counsel enters an appearance.

Practice Note: North Carolina does not have a specific court rule governing limited scope appearances in civil litigation. Practitioners should rely on N.C. R. Prof. Conduct 1.2(c), obtain informed written consent from the client, and file a clear notice defining the scope. Some counties may require court approval for withdrawal after the limited purpose is completed.

10. BUSINESS COURT DESIGNATION (If Applicable)

☐ This case has been designated as a mandatory complex business case under N.C. Gen. Stat. § 7A-45.4.

☐ This case is pending before the North Carolina Business Court.

Business Court Judge: [________________________________]

Business Court Compliance (BCR 3.2): All filings in Business Court cases must be made electronically through eCourts. All counsel must register in the eCourts system and comply with Business Court Rules, including formatting requirements and page limitations set forth in BCR 7.

11. SIGNATURE BLOCK

Respectfully submitted, this the [____] day of [________________], [________].

[________________________________]
(Law Firm Name)


By: ___________________________________________
    [________________________________]
    North Carolina State Bar No. [________________________________]
    [________________________________]
    [________________________________]
    [City], North Carolina [________]
    Telephone: [________________________________]
    Email: [________________________________]

    Attorney for [________________________________]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all counsel of record and unrepresented parties by the following method(s), in accordance with N.C. R. Civ. P. 5:

___________________________________________
[________________________________]
North Carolina State Bar No. [________________________________]

13. eCOURTS / ODYSSEY ELECTRONIC FILING INSTRUCTIONS

Registration and Access

1. Navigate to the North Carolina eCourts portal at https://www.nccourts.gov/ecourts
2. Register for an Odyssey File & Serve user account (required for all attorneys)
3. Link your North Carolina State Bar number to your eCourts account
4. Verify your service email address(es) are current in the system

Filing This Document

1. Log in to the Odyssey File & Serve system
2. Select "File Into Existing Case" and enter the case number
3. Select document type: "Notice of Appearance"
4. Upload the Notice of Appearance as a PDF document
5. Add any required attachments (e.g., pro hac vice materials)
6. Identify service recipients from the case party list
7. Review the filing envelope and submit
8. Retain the electronic filing confirmation receipt as proof of filing

Filing Fees

• There is generally no separate filing fee for a Notice of Appearance in North Carolina
• Pro hac vice admission requires a $225.00 fee payable to the NC State Bar
• eCourts may assess a convenience fee for electronic filing transactions

Service Through eCourts

• Service on attorneys is accomplished automatically through the eCourts system when a document is filed, provided the receiving attorney is registered
• Service on unrepresented parties who are not registered must be accomplished by traditional methods (mail, hand delivery)
• A document is deemed served when the eCourts system transmits notification to the recipient's email address of record

14. NORTH CAROLINA PRACTITIONER NOTES

Court Structure

• North Carolina's trial courts are organized under the General Court of Justice, consisting of the Superior Court Division (general civil jurisdiction, cases exceeding $25,000) and the District Court Division (civil cases up to $25,000, domestic, juvenile)
• The state is divided into 8 Superior Court Divisions comprising 50 judicial districts across all 100 counties
• The Business Court handles complex business disputes designated under N.C. Gen. Stat. § 7A-45.4

Key Filing Considerations

• eCourts Mandatory E-Filing: All attorneys must file electronically through the Odyssey system. Pro se litigants may choose electronic or paper filing.
• Rule 5 Amendments: N.C. R. Civ. P. 5 was substantially amended to accommodate the eCourts rollout. Service on an attorney is now made through Odyssey at the attorney's email address of record.
• Filing Timestamp: A document is deemed filed when electronically file-stamped by the clerk through the Odyssey system.
• Business Court Special Procedures: Business Court cases require strict compliance with the Business Court Rules, including BCR 3.2 (filing requirements) and BCR 7 (motions practice). All filings must be electronic.

Withdrawal of Appearance

• An attorney seeking to withdraw must obtain court approval
• File a Motion to Withdraw as Counsel, providing the client's current contact information and demonstrating compliance with notice requirements
• In some counties, a local rule or standing order may impose additional requirements
• If substituting counsel, both the withdrawing attorney and new counsel should file simultaneously

Common Pitfalls

• Failing to register in eCourts before attempting to file
• Not updating the email address of record in eCourts, resulting in missed service
• In Business Court cases, having out-of-state counsel sign filings before pro hac vice admission is granted
• Filing in the wrong court division (Superior vs. District) based on the amount in controversy
• Overlooking county-specific local rules or standing orders that supplement the statewide rules

15. SOURCES AND REFERENCES

• North Carolina General Statutes, Chapter 1A (Rules of Civil Procedure): https://www.ncleg.gov/Laws/GeneralStatutesSearch
• North Carolina eCourts Portal: https://www.nccourts.gov/ecourts
• North Carolina State Bar — Pro Hac Vice Registration: https://www.ncbar.gov
• North Carolina Business Court — Special Information and Procedures: https://www.nccourts.gov/courts/business-court
• North Carolina Rules of Professional Conduct: https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/
• Ward and Smith, P.A. — "Odyssey and E-mail Service Under the New and Improved NC Rule 5": https://www.wardandsmith.com/article/odyssey-and-e-mail-service-under-the-new-and-improved-nc-rule-5

16. CHECKLIST FOR FILING

Use this checklist before submitting the Notice of Appearance:

☐ Verified correct court division (Superior Court vs. District Court)
☐ Confirmed correct county and judicial district
☐ North Carolina State Bar number is current and accurate
☐ All contact information is complete and correct
☐ Registered in the eCourts (Odyssey) system
☐ E-service email address is current in the Odyssey system
☐ If pro hac vice: motion, fee, verified statement, certificate of good standing all prepared
☐ If Business Court: compliance with BCR 3.2 and BCR 7 verified
☐ If limited appearance: scope clearly defined and client consent obtained
☐ Certificate of service completed with all parties listed
☐ Document formatted as PDF for electronic filing
☐ All protected personal information appropriately handled
☐ Reviewed applicable county-specific local rules or standing orders
☐ Retained copy of filing confirmation receipt

This template is designed for use in North Carolina state courts. Federal court appearances in the Eastern, Middle, or Western Districts of North Carolina require separate procedures under the Federal Rules of Civil Procedure and applicable local rules. Always verify current rules and fees before filing.