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
At first blush, it might not seem surprising that the Court of Appeals would dismiss an appeal if “[n]o issues have been argued or preserved for review.” But what is
Continue Reading What Type of Review Is Triggered by a “No-Merit” Brief?
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)
I’m old enough to remember the good ol’ days, specifically, 2016, when we had 17 days to file a reply brief in a federal appeal. Sometimes, you would even get
Continue Reading Proposed Change to Federal Appellate Rules Would Provide Reply-Brief Relief
Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice
Continue Reading File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
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
Continue Reading Supreme Court Amends Appellate Rules Governing Amicus Briefs, Secure Leave, and Oral Argument
In its 6 February 2018 tranche of opinions, the Court of Appeals addresses Rule 2 of the Rules of Appellate Procedure at length in State v. Campbell. Appellate Rule
Continue Reading Appellate Courts’ Application of Rule of Appellate Procedure 2 In Criminal (and Civil) Cases
The UNC School of Government recently released an updated manual on abuse, neglect, dependency, and termination of parental rights. The online version of the updated manual is located here.
Continue Reading School of Government Releases Updated Resources for 3.1 Cases– Plus a Biddix/Stubbs Update!