Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more
You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be...more
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general rule exists: When the trial court’s...more
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org. The filing site has long allowed attorneys and the...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
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
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
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
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist for issues considered so fundamental...more
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more
Precisely 364 days ago, Kip previewed the coming of universal citations. Twenty-eight days remain until universal citations assume a starring role in judicial opinions and briefs. And to help practitioners model their own...more
Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification on how various transcript-related issues should work...more
On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic. On Thursday, the Supreme Court issued a catastrophic conditions order extending deadlines and...more
On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure. The amendments impact word-count limitation applicable to appellate briefs and parental leave....more
As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category that includes rulings on various substantive motions,...more
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons stated in the Court of Appeals”...more
Wouldn’t it be great if an automatic notification was sent out whenever court rules were updated? Wait . . . I hear you! “What self-respecting lawyer doesn’t subscribe to the NCAPB.com blog, which provides updates and...more
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
In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory...more
On Monday, Governor Roy Cooper appointed Judge Mark Davis to the Associate Justice seat recently vacated by now-Chief Justice Beasley. Soon-to-be Justice Davis has served on the North Carolina Court of Appeals since 2012....more
Did you enjoy opening and comparing three different Supreme Court orders to determine the most current version of a particular Appellate Rule? For those twisted few who did, your joy is gone....more