Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ authority to grant relief by writ of certiorari. See here, here, here, here, here, here, and here. The Supreme Court has also written frequently about whether the text of Appellate Rule 21 places restrictions on the Court of Appeals’ discretionary authority to grant relief by writ of certiorari.… Continue Reading
On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure. The amendments impact word-count limitation applicable to appellate briefs and parental leave.
Rule 3.1 Supreme Court Briefs are Subject to Rule 28(j)’s Word Count Limitation
Historically, word-count limitations have not applied to appellate briefs filed in either direct or secondary appeals to the Supreme Court. … Continue Reading
On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions. Justice Per Curiam (who is fond of affirming/reversing “for the reasons stated in the Court of Appeals” majority/dissent) was conspicuously absent. Justice Earls and Justice Newby vied for the title of “Most Prolific Dissenter.” And the Court released its first three opinions directly reviewing trial tribunal orders terminating parental rights—and for those wondering, all three opinions were decided by the Supreme Court by published opinion, but without oral argument.… Continue Reading
Wouldn’t it be great if an automatic notification was sent out whenever court rules were updated? Wait . . . I hear you! “What self-respecting lawyer doesn’t subscribe to the NCAPB.com blog, which provides updates and summaries of all Appellate Rules amendments?!?” Alas, not everyone understands the thrill of an appellate practice blog. Plus, our focus is the North Carolina Rules of Appellate Procedure–not Supreme Court rules on court-ordered arbitration.… Continue Reading
In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory direct appellate review jurisdiction. The silver lining was that the General Assembly did not require an immediate shift in these cases from the Court of Appeals to the Supreme Court. Instead, TPR cases did not start trickling into the Supreme Court until January 2019.… Continue Reading
You already know that the Supreme Court adopted numerous amendments to the Rules of Appellate Procedure at the end of 2018. However, some of the most significant changes are occurring behind the scenes at the appellate courts’ electronic filing website (https://www.ncappellatecourts.org)
I. Court of Appeals Continues to Lift E-filing Restrictions
For years, the electronic filing website categorically prohibited e-filing appellate records in the Court of Appeals. … Continue Reading
Practitioners: Say goodbye to goldenrod printed records (and COA briefs with colorful covers). As I previously predicted, both appellate clerks will no longer be mailing printed records to the parties. In the Court of Appeals, the previously titled “Notice of Mailing of the Printed Record” has been transformed into a “Notice of Filing of the Record on Appeal.”… Continue Reading
Did you enjoy opening and comparing three different Supreme Court orders to determine the most current version of a particular Appellate Rule? For those twisted few who did, your joy is gone.
The Supreme Court’s Office of Adminstrative Counsel recently released a PDF codifying the current Appellate Rules (including the January 1, 2019 amendments) in a single, easy to navigate document.… Continue Reading
It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary. Yesterday afternoon, the Supreme Court issued its latest order amending the North Carolina Rules of Appellate Procedure. The amendments impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, brand new Appellate Rule 42, as well as Appendixes A, B, and D (whew)!… Continue Reading
A few weeks ago, the North Carolina Court of Appeals in Connor v. Connor rejected an argument that a notice of appeal signed by a pro se litigant was defective under Appellate Rule 3(d) “and thus did not confer jurisdiction.” Appellate Rule 3(d) states that a notice of appeal must “be signed by counsel of record of the party or parties taking the appeal or by any such party not represented by counsel of record.”… Continue Reading