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Motion for Appropriate Relief by the Defense Under G.S. 15A-1414, the defendant may file an MAR within 10 days of entry of judgment (even if notice of appeal has already been entered) seeking relief for ?any error? that occurred during the trial.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
A motion for appropriate relief (MAR) is a motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea.
Procedural Requirements With a Motion for Appropriate Relief The defendant must file the Motion in the district court that originally indicted the defendant with a North Carolina criminal charge. The court clerk will put the matter on the court calendar and the senior judge will assign the motion to a trial judge.
Filing the documents THERE IS A $30.00 FEE FOR SERVICE FROM THE SHERIFF'S DEPARTMENT. 1) After you have completed the forms, have them notarized (before coming to the courthouse) and make 2 copies. 2) Take these documents to the Clerk of Superior Court to be filed.