Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy Kitchens
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
Continue Reading Appellate Courts and Messy KitchensYou 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 OpinionsIn 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 DoctrineThe 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 WebsiteIt’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 LimitWhen 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”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 CasesOral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive…
Continue Reading Fast Talk: Compressed Oral Arguments in N.C. Court of AppealsThirty 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…
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?