It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the Court of Appeals did in Harney v. Harney. ...more
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front door wide open all night and even the sweetest southern grandma...more
Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more
Long-time readers of this blog may remember the fun I’ve had finding photos reflecting the ups and downs of en banc rehearing in the Court of Appeals. The General Assembly first authorized en banc review in 2016, with the...more
Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more
On Monday, Governor Cooper elevated Judge Allison Riggs from the Court of Appeals to the Supreme Court. On Tuesday, Judge Riggs and her appellate colleagues issued 24 opinions outside of the normal schedule. And now we hear...more
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on...more
The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory fashion. Not in the...more
Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s batch of Court of Appeals opinions...more
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more
10/14/2022
/ Appellate Courts ,
Appellate Jurisdiction ,
Colleges ,
Coronavirus/COVID-19 ,
Fees ,
Government Lockdown ,
Rules of Civil Procedure ,
School Closures ,
Sovereign Immunity ,
Students ,
Universities
Over the years, John, Dan, and Gene’s signature stamps expended lots of ink signing orders “By order of the Court.” Meanwhile, the identity and votes of the judges who ruled on a particular petition have long been a...more
This blog post is a mishmash of news and updates.
—Remote Oral Argument in Harper v. Hall (N.C. Congressional Maps Case). After a Supreme Court remand, the trial court entered an order upholding North Carolina’s...more
I am pleased to report that the Supreme Court of North Carolina has selected Grant Buckner as its 17th Clerk of Court.
Grant is no stranger to the appellate courts. Early on in his career, he clerked for Judge (and later...more
As noted previously, the 2022 Appellate Rules amendments contemplate that the entire record on appeal should be filed electronically during a single e-filing session. Yet, when those amendments were first announced back in...more
As we send 2021 out and ring in 2022, a few developments and reminders.
Recusal Order. As reported previously, the Supreme Court of North Carolina has been grappling with how to handle involuntary recusal motions. The...more
Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review. And then it was the November 2021 Loch Ness...more
Social commentators have described our nation’s current labor market as the “Great Resignation.” Baby Boomers are retiring to spend more time with loved ones. Workers are leaving current employers for more flexible work...more
On Wednesday, October 13, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or after 1 January 2022, are...more
10/15/2021
/ Appellate Courts ,
Court Records ,
E-Filing ,
Ex Parte ,
Filing Requirements ,
NC Supreme Court ,
Notifications ,
Oral Argument ,
Petition For Rehearing ,
Transcripts ,
Trial Exhibits ,
Tribunals
A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party invitations were for naught.
In a special order entered...more
Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices.
Jinx!
With the recent surge in Delta variant Covid-19 infections, the North Carolina...more
Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority, an order allowing en banc rehearing was...more
After more than a year of remote oral arguments, the Supreme Court of North Carolina is ready for some face-to-face time. Barring a COVID-19 resurgence, both the Justices and advocates will be back in the Justice Building...more
As reported previously, Dan Horne is retiring as Clerk of the Court of Appeals at the end of the month. His successor will be Eugene “Gene” Soar, who has served as Staff Attorney for the Clerk of the Court of Appeals since...more
The Appellate Rules Committee has updated its style–the Appellate Style Manual that is. The Style Manual provides practical examples and tips for those practicing in North Carolina’s state appellate courts. Although not a...more