Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you are off the hook for in-court appearances....more
Dissent-based appeals of right might stick around a little longer than we thought. The 2023 budget bill struck N.C. Gen. Stat. § 7A-30(2), which had allowed for an appeal of right to the Supreme Court whenever “there is a...more
For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from...more
The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it. But with the Court largely caught up on its docket, you might not want to bank...more
The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute. In May 2020, the pandemic was raging. Our General...more
Trigger warning: this post may cause appellate lawyers to have nightmares. There has been a spate of technical glitches lately that caused critical notices from the North Carolina Court of Appeals to end up in “quarantine”...more
If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall.
The North Carolina Supreme Court does not have an...more
Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more
In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds. Well, I said that the order was short, but...more
Today, the North Carolina Supreme Court issued an order rescinding its 2020 order implementing a “universal citation” system.
The change has to do with this question: How do you cite to a recently issued case? Sure, the...more
After three years of service as the Dean of Regent University Law School in Virginia, former North Carolina Supreme Court Chief Justice Mark Martin is coming home. High Point University announced today that the Chief will...more
At a largely virtual investiture ceremony broadcast this morning on the Supreme Court’s Youtube page, The Honorable Paul Martin Newby took the oath of office to become our highest court’s 30th Chief Justice. Newly minted...more
Over the weekend, the last undecided race for North Carolina’s appellate courts was resolved when Chief Justice Cheri Beasley conceded the race to Senior Associate—and Chief Justice-Elect—Paul Newby. The race was...more
It continues to amaze me how difficult it is for the public to access basic information about the upcoming elections for open seats on the Supreme Court of North Carolina and the Court of Appeals. While stories with political...more
It’s been a hot topic for years: does the North Carolina Supreme Court want to hear from amici when the Court is weighing whether to allow discretionary review of a decision of the Court of Appeals?
You can see why amicus...more
Cheri Beasley took the formal oath today at her investiture ceremony, becoming the 29th Chief Justice of the Supreme Court of North Carolina and the first African-American woman to hold the post.
As over a thousand...more
After two years of uncertainty about the future of the Court of Appeals, there appears to have been a breakthrough. Yesterday, a bill was introduced by Republicans in the North Carolina Senate that would preserve the size of...more
Governor Cooper has named Associate Justice Cheri Beasley to be the next Chief Justice of the North Carolina Supreme Court. Justice Beasley will assume the post upon the retirement of Chief Justice Mark Martin at the end of...more
Clerk of the Supreme Court of North Carolina Amy Funderburk announced by e-mail Friday that December oral arguments in the Supreme Court will be postponed until after the new year.
Such schedule changes are the norm in...more