Appellate Rules Amendments

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

On Friday, the Supreme Court of North Carolina amended Rules 28, 29, and 33.1 of the North Carolina Rules of Appellate Procedure.  While the most significant changes involve amicus curiae briefs, the Supreme Court also took a baby step into the world of mandatory appellate e-filing.  A summary of the changes—including my initial thoughts on different features of and questions that could arise under the amendments—follows.… Continue Reading

Whether at my desk or during courthouse visits, my Rules of Court book is usually close by.   As previously blogged about here, here, here, and here, the Supreme Court of North Carolina issued three orders between December 2016 and March 2017 that re-codified and amended the Appellate Rules.   In May 2017, Westlaw released a pocket supplement to its 2017 Rules of Court, which I dutifully added to the back of my book. … Continue Reading