Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can revise her own interlocutory order under Rule 54(b), but one superior court judge may not overrule another. Likewise, at the…Continue Reading The Panel of Theseus
Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!
On Wednesday, October 13th, the Supreme Court of North Carolina issued new amendments to the…Continue Reading Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeal, and Motions . . . Oh My!
North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit
In case you missed it, the Supreme Court of North Carolina issued a surprising disqualification…Continue Reading North Carolina Supreme Court Issues Surprising Disqualification Order in Appeal of “Usurper” Lawsuit
In North Carolina appellate practice, it is often generally said that an interlocutory order affecting a substantial right is immediately appealable. But as the Court of Appeals reiterated in an…Continue Reading An Interlocutory Ruling May Affect a Substantial Right Yet Not Be Immediately Appealable
The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference…Continue Reading AJEI Update, Plus a Helpful Tip For Everyone
An interesting recusal issue recently faced the Supreme Court of North Carolina, requiring the Court to invoke the “Rule of Necessity” in order to hear a high-profile case on North…Continue Reading “Rule of Necessity” Not Necessary for Federal Circuit Courts
A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party…Continue Reading And Then There Were None–Court of Appeals’ First En Banc Case Vanishes
Are you ready for a change of pace from private practice? The Office of Appellate Division Staff, which is located in the North Carolina Court of Appeals building, has a…Continue Reading Now Hiring: Office of Appellate Division Staff