The Supreme Court of North Carolina long ago observed that “the ‘substantial right’ test for appealability of interlocutory orders is more easily stated than applied.” Waters v. Qualified Pers., Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). As “[n]o hard and fast rules exist” for determining whether an interlocutory order affects a substantial right, North Carolina appellate courts have long analyzed whether an interlocutory order affects a substantial right “on a case by case basis.”… Continue Reading
Just a reminder that the revisions to the North Carolina Rules of Appellate Procedure have now taken effect, as of April 15. We discussed these changes at length here. Thanks to new Rule 28(h), you can now file a reply brief in every case.
This change opens up new strategic horizons. After all, you would not want to leave anything out of your principal brief if you think it might be your only chance to brief an issue. … Continue Reading
The NCBA’s Appellate Rules Committee recently updated its oral argument guides.
The only real substantive change to note in the comparison chart is that counsel can now take electronic devices like laptops and phones into the Fourth Circuit courthouse. However, these electronic devices must remain in the off position while in the courtrooms. This change was instituted because previously counsel who checked out of hotels the morning of oral arguments had to leave their valuable electronic devices outside of the courthouse or ask the security guards to hold them. … Continue Reading
Picture this: it has been two years since the last time you filed a Petition for Writ of Supersedeas in the Court of Appeals. You generally recall what to do, but you know you should consult the Rules of Appellate Procedure before filing to be sure. Oh, and the Appendixes to the Rules. And also any case law interpreting the Rules. … Continue Reading
The North Carolina Appellate Rules Committee is comprised of lawyers and judges. The committee strives to improve the appellate process in North Carolina by, among other things, submitting proposed amendments to the appellate rules and preparing style manuals and guides for appellate lawyers. Three of this blog’s authors were recently re-appointed to the Appellate Rules Committee. Congratulations to:
- Allison Van Laningham
- Beth Scherer
- Matt Leerberg
In addition, Beth Scherer is the incoming chair of the committee.… Continue Reading