Elizabeth Brooks Scherer on Appellate Rules

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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

9/6/2024 / Appeals , Appellate Briefs , Appellate Courts , Appellate Rules , Compliance , Federal Rules of Appellate Procedure , North Carolina

Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey

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

3/2/2023 / Amended Rules , Appellate Rules , Business Court , Electronic Filing , NC Supreme Court , North Carolina

Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It

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

1/18/2023 / Appellate Briefs , Appellate Courts , Appellate Rules , Interlocutory Orders , Motion to Dismiss

Update Your Style: Appellate Rules Committee Publishes Updated Style Manual And Guide To Appealability

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

5/28/2021 / Appellate Rules , North Carolina , Transcripts

“They’re Baaaaack!”– Disagreement Regarding Scope Of Permissible Relief Under Appellate Rule 21 And In Re Civil Penalty

Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari. The Supreme Court has also written frequently...more

11/6/2019 / Appeals , Appellate Courts , Appellate Rules

To Error Is Human, But To Review Is Divine—Exceptions To Preserving Error

Finally found time to blog on one of my favorite topics: exceptions and qualifications to the error preservation requirements of Appellate Rule 10! (Um, I heard those groans!). A few weeks ago the North Carolina Supreme...more

6/5/2019 / Abuse of Discretion , Appeals , Appellate Rules , NC Supreme Court

Accept No Substitutions: Court Of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)

A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975. This long-neglected rule was the catalyst for a...more

4/23/2019 / Appeals , Appellate Courts , Appellate Rules , Conditional Use Permit

Elizabeth Brooks Scherer

Fox Rothschild LLP

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