This blog has spent a lot of ink discussing file stamps. Indeed, two Halloweens ago we devoted an entire blog post to the ghoulish topic of missing file stamps and sua sponte dismissals.
I’m happy to report that file-stamp dismissals appear to be dying down. I believe there are several reasons why.
My hope is that appellate practitioners are being diligent on including file-stamped documents in their records on appeal. Also, the conversion to electronic filing is eliminating the illegible stamps that stem from faulty machines. It is also easier to get file-stamped copies of electronically filed and served documents.
But the appellate courts have played a role too. For example, in every appeal the Supreme Court was asked to review an appeal dismissed for a missing file-stamp, the appeal was reinstated under the authority of Blevins v. Town of W. Jefferson, 361 N.C. 578, 579, 653 S.E.2d 392, 392, reversing for reasons stated in the dissenting opinion, 182 N.C. App. 675, 643 S.E.2d 465 (2007). Blevins provides that missing or illegible file stamps are not fatal when the record on appeal includes an agreed-to statement that an order or notice was filed on a particular date.
That same view has taken root in the Court of Appeals. In an opinion issued yesterday, Judge Tyson writes that an “illegible file-stamp on the Notice of Appeal does not per se deprive this Court of jurisdiction under the North Carolina Rules of Appellate Procedure.” Costantino v. Costantino, COA24-902, slip op. at *4 (N.C. Ct. App. Sept. 17, 2025). Rather, when an appellate record contains an “adequate statement asserting the date the notice of appeal was filed,” Appellate Rule 9(b)(3) is satisfied. Id. at *3 (quoting Blevins).
The opinion notes that Appellate Rule 9(b)(3) provides that record documents “should” show the date a document was filed. (Id. at *3-4 (emphasis supplied by Court of Appeals)). This may be a subtle shout-out to the 2022 amendments to Appellate Rule 9(b)(3)–which replaced “should” for “shall” when discussing filing dates in the printed record.
Plus, look closely at what the rule actually says. It does not require that filing dates be established with a “file stamp.” Indeed, the modern appellate rules do not use the word “stamp” anywhere.
True, a file stamp is the easiest (and usually the best way) to show when a document was filed. But as explained in section 7.13[1] [File Stamps] of our treatise, several categories of trial court documents rarely have file stamps affixed to them—including in an Odyssey world.
This is why I have long offered several recommendations for complying with the letter and spirit of Appellate Rule 9(b)(3):
- Indices of appellate records should list the date that documents were “filed, served, submitted for consideration, admitted, or made the subject of an offer of proof.”
- When a file-stamp is illegible, insert the filing date in the upper, right-hand corner of the document.
- While file-stamps remain the gold standard for demonstrating when something happened, record statements and stipulations can be used to reach the same goal in a pinch.
I’ll close with a favorite phrase of retired Chief Judge Sid Eagles: “belt and suspenders.” As yesterday’s Court of Appeals opinion shows, taking a “belt and suspenders” approach when preparing a record helps to ensure that the “littlest big” details don’t morph into big problems.
–Beth Scherer