§ 7A-31. Discretionary review by the Supreme Court. - North Carolina Statutes

§ 7A‑31. Discretionary review by the Supreme Court.

(a)        In any cause in which appeal is taken to the Court ofAppeals, except a cause appealed from the North Carolina Industrial Commission,the North Carolina State Bar pursuant to G.S. 84‑28, the Property TaxCommission pursuant to G.S. 105‑345, the Board of State Contract Appealspursuant to G.S. 143‑135.9, or the Commissioner of Insurance pursuant toG.S. 58‑2‑80, or a motion for appropriate relief or valuation ofexempt property pursuant to G.S. 7A‑28, the Supreme Court may, in itsdiscretion, on motion of any party to the cause or on its own motion, certifythe cause for review by the Supreme Court,  either before or after it has beendetermined by the Court of Appeals. A cause appealed to the Court of Appealsfrom any of the administrative bodies listed in the preceding sentence may becertified in similar fashion, but only after determination of the cause in theCourt of Appeals. The effect of such certification is to transfer the causefrom the Court of Appeals to the Supreme Court for review by the Supreme Court.If the cause is certified for transfer to the Supreme Court before itsdetermination in the Court of Appeals, review is not had in the Court ofAppeals but the cause is forthwith transferred for review in the first instanceby the Supreme Court. If the cause is certified for transfer to the SupremeCourt after its determination by the Court of Appeals, the Supreme Courtreviews the decision of the Court of Appeals.

Except in motions within the purview of G.S. 7A‑28, the State maymove for certification for review of any criminal cause, but only afterdetermination of the cause by the Court of Appeals.

(b)        In causes subject to certification under subsection (a) ofthis section, certification may be made by the Supreme Court beforedetermination of the cause by the Court of Appeals when in the opinion of theSupreme Court:

(1)        The subject matter of the appeal has significant publicinterest, or

(2)        The cause involves legal principles of major significance tothe jurisprudence of the State, or

(3)        Delay in final adjudication is likely to result fromfailure  to certify and thereby cause substantial harm, or

(4)        The work load of the courts of the appellate division issuch that the expeditious administration of justice requires certification.

(c)        In causes subject to certification under subsection (a) ofthis section, certification may be made by the Supreme Court afterdetermination of the cause by the Court of Appeals when in the opinion of theSupreme Court:

(1)        The subject matter of the appeal has significant publicinterest, or

(2)        The cause involves legal principles of major significance tothe jurisprudence of the State, or

(3)        The decision of the Court of Appeals appears likely to be inconflict with a decision of the Supreme Court.

Interlocutorydeterminations by the Court of Appeals, including orders remanding the causefor a new trial or for other proceedings, shall be certified for review by theSupreme Court only upon a determination by the Supreme Court that failure tocertify would cause a delay in final adjudication which would probably resultin substantial harm.

(d)        The procedure for certification by the Supreme Court on itsown motion, or upon petition of a party, shall be prescribed by rule of theSupreme Court. (1967, c. 108, s.1; 1969, c. 1044; 1975, c. 555; 1977, c. 711, s. 5; 1981, c. 470, s. 2; 1981(Reg. Sess., 1982), c. 1224, s. 17; c. 1253, s. 1; 1983, c. 526, s. 3; c. 761,s. 189.)