Article 89.

Motion for Appropriate Relief and Other Post‑Trial Relief.

§ 15A‑1411.  Motion for appropriate relief.

(a) Relief from errors committed in the trial division, or other post‑trial relief, may be sought by a motion for appropriate relief. Procedure for the making of the motion is as set out in G.S. 15A‑1420.

(b) A motion for appropriate relief, whether made before or after the entry of judgment, is a motion in the original cause and not a new proceeding.

(c) The relief formerly available by motion in arrest of judgment, motion to set aside the verdict, motion for new trial, post‑conviction proceedings, coram nobis and all other post‑trial motions is available by motion for appropriate relief. The availability of relief by motion for appropriate relief is not a bar to relief by writ of habeas corpus.

(d) A claim of factual innocence asserted through the North Carolina Innocence Inquiry Commission does not constitute a motion for appropriate relief and does not impact rights or relief provided for in this Article. (1977, c. 711, s. 1; 2006‑184, s. 4; 2010‑171, s. 5.)