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If you’re reading this blog, you’re probably interested in North Carolina Appeals. And if you’re interested in North Carolina appeals, you will really be interested in the North Carolina Appellate Practice CLE happening on Friday, March 31!
At this CLE, appellate practitioners will gather from all over the state…
Continue Reading It’s Not Too Late to Register for the NC Appellate CLE Bananza!The news these days is filled with stories about Artificial Intelligence and how it will…
Continue Reading Chat GPT said WHAT??!!Gentle reader, if you haven’t considered becoming a specialist in appellate practice, here is your…
Continue Reading Latest Information On 2023 Specialization ExamAppellate 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.
Continue Reading Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using OdysseyThe Latest
In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the…
Continue Reading There’s No Appeal Without the Right to AppealBy: Brian Bernhardt
Jurisdiction is a foundation of what we do as trial and appellate practitioners. While a litigant can waive lack of personal jurisdiction, lack of subject matter jurisdiction…
Continue Reading Your Place or Mine?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…
Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on ItToday, 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…
Continue Reading Universal Citation Rescinded
If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges…
Continue Reading Clearing the Decks While Decking the HallsIt’s not unusual to see changes on the bench with the arrival of a new year. Come January 1, 2023, Justice Dietz and Justice Allen will join the Supreme…
Continue Reading A Season of Transitions at the Supreme CourtAvoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal
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…
Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of AppealFor both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or…
Continue Reading What Rulings Should You Include in a Notice of Appeal?Retired N.C. Court of Appeals Judge Doug McCullough unexpectedly died this week in Las Vegas, where he had retired with his wife, Lucci.
Judge McCullough had a storied career, reaching…
Continue Reading Judge Doug McCullough (1945-2022)Appellate Practice Team
To smoothly navigate the appellate path, you need the guidance and knowledge of experienced appellate practitioners.