← FORMVANA NC FORMS
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01
ATTORNEY / PARTY INFORMATION
02
CASE INFORMATION
03
GROUNDS FOR STAY
04
SUPERSEDEAS BOND
05
CERTIFICATE & HEARING REQUEST
SELECTED COUNTY
— Select above —
URGENT — TIME LIMIT
You have only 10 days from the magistrate's judgment to file this motion AND your Notice of Appeal. These must be filed simultaneously.
GENERATE NOTICE OF APPEAL →HOW THE STAY WORKS
- File within 10 days of magistrate judgment — same time as Notice of Appeal
- Post bond equal to judgment PLUS estimated rent during appeal (typically 1–2 months)
- Bond is held as supersedeas — returned if appeal succeeds, paid to landlord if appeal fails
- District Court hearing is DE NOVO — completely new trial with new evidence allowed
- District Court hearing typically scheduled within 30–60 days
STATUTORY REFERENCE
G.S. 42-34(b)Stay of execution — bond
G.S. 7A-228Appeal from magistrate to District
G.S. 1-289Supersedeas bond rules
G.S. 42-36.2Writ of possession — residential
NEED LEGAL HELP?
- Legal Aid NC: 1-866-219-5262 (free for eligible tenants)
- Barker Richardson, PLLC →
- NC Courts self-help: nccourts.gov →