Appellate Rules

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
Continue Reading Appellate Rules Amendments Bring Modifications to E-filing System

In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.”  Part
Continue Reading Supreme Court Reaffirms That Non-Constitutional Sentencing Arguments Are Automatically Preserved for Appellate Review

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
Continue Reading Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

On Tuesday, the Court of Appeals issued its latest batch of opinions. Good news: the impending turkey feast has not slowed the court’s pace in grappling with interesting appellate issues. 
Continue Reading No-Merit Briefs, the Pro Bono Program, and En Banc Review

In Davis v. Rizzo (issued Tuesday), the Court of Appeals further limited what kinds of post-judgment motions might constitute “proper” Rule 59 motions sufficient to toll the appeal period.   Not
Continue Reading Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial Judgments

On Friday, the Supreme Court of North Carolina reaffirmed that (1) a writ of certiorari remains the most powerful tool in an appellate court’s arsenal and (2) that the Appellate
Continue Reading Writs of Certiorari: Still the Most Powerful Tool in the Appellate Courts’ Arsenal

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
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (State Edition)

In light of Matt’s post from yesterday, does anyone perceive an uptick in dismissals of appeals for notice of appeal problems? Are North Carolina lawyers unique in their propensity
Continue Reading When Is a Deadline or Other Requirement for Filing a Notice of Appeal Jurisdictional? (Federal Edition)