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 Masterclass by Justice Dietz on how that requirement can be a trap—particularly in a complex case involving multiple…
Continue Reading Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.Dissent-based appeals of right might stick around a little longer than we thought.
The 2023…
Continue Reading Did the NC Supreme Court Just Extend the Dissent-Based Appeal Period?For many moons, North Carolina was one of the few jurisdictions in which the losing…
Continue Reading NC Supreme Court Cleans Up Rules on Dissent-Based AppealsThe North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more…
Continue Reading North Carolina Supreme Court Is All Caught UpA decade ago, talk of fonts was all the rage in North Carolina appellate circles.
Continue Reading Serif? Don’t Like It: The Clash Over Fonts Roars Back to LifeEver had to explain to a client why a sweet win in the lower courts…
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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…
Continue Reading Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
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…
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineChristmas in September: New Features Added to North Carolina’s Appellate Filing Website
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…
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit
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…
Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitA dissenting opinion in the Court of Appeals has long been a litigant’s Golden Ticket, at least until a recent statutory change. The mere existence of the dissent bestowed…
Continue Reading Does a Dissenting Opinion Control the Supreme Court?Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front…
Continue Reading Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”There is no shortage of CLE offerings, but we wanted to bring one to your attention: a virtual presentation on September 24, 2024. The program offers 8 credit hours…
Continue Reading Upcoming CLE with Law School DeansSmells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was…
Continue Reading Smells Like Teen Spirit? Can an Odor of Marijuana Provide Probable Cause for a Search?Morgan’s prior blog post on State v. McLean started the wheels turning on a topic I find fascinating: oral notices of appeal.
Civil lawyers love written notices of appeal. Have…
Continue Reading The Lights Are Still On: Oral Notices of Appeals in Criminal CasesAbout this Blog
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