News & Analysis as of

North Carolina Rules of Appellate Procedure

Fox Rothschild LLP

Appellate Rules Amended to Allow Retired Judges to Stay on North Carolina’s Beaches

Fox Rothschild LLP on

Yesterday, the Supreme Court of North Carolina amended Appellate Rule 36(b) to conform with the General Assembly’s recent amendment to N.C. Gen. Stat. § 1-283. Under the Appellate Rules and by statute, settling the record...more

Fox Rothschild LLP

At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases

Fox Rothschild LLP on

Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the day after the trial ended and the defendant was sentenced. There...more

Fox Rothschild LLP

En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?

Fox Rothschild LLP on

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

Fox Rothschild LLP

What’s in a Name? Court of Appeals Strikes an “Appellee” Brief

Fox Rothschild LLP on

Can an appellee say that the lower court got it wrong? If so, when? In many appeals, the alignment of interests is clear: the appellant is the party who disagrees with the ruling at issue, and the appellee is the party who...more

Fox Rothschild LLP

Just in Time for Halloween: Has the Specter of Viar Returned?

Fox Rothschild LLP on

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

Fox Rothschild LLP

2021 Codification Of The Appellate Rules

Fox Rothschild LLP on

In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates. In more good news, the Supreme Court’s Office of Administrative Counsel has...more

6 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide