The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted on March 23, 2020, to allow for published opinions without argument in “cases assigned for pre-argument review, tentatively calendared, or calendared for argument while in-person argument sessions are suspended due to the coronavirus.” … Continue Reading
The future is now, and the NCBA Appellate Practice Section wants to help you be ready. With the state’s appellate courts, and other courts around the country, going to remote videoconference hearings because of the Coronavirus pandemic, a special program has been put together for May 27. It is described as follows:
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Appellate Practice Section Panel
Preparing for WebEx Oral Arguments in NC Appellate Courts
You are invited to join the Appellate Practice Section for a Zoom panel to learn about preparing for and presenting remote video oral argument in our NC Appellate Courts via WebEx.
A recording of North Carolina’s first virtual oral argument is now available for viewing. Because the video stream began before the actual arguments commenced, insight is available into how the Court of Appeals and the advocates worked through some technical kinks in the process. (A round of applause to IT Superhero Fred Wood, who appeared to be getting quite a workout running between offices). … Continue Reading
The Court of Appeals has new COVID-19 procedures for its voluntary appellate mediation program. The full document is here, but highlights include:
- For mediation deadlines that fall between March 27 and April 30, parties have an additional 60 days to request appellate mediation.
- Consent to appellate mediation forms may now be submitted electronically or emailed.
- Appellate mediations by Court of Appeals judges are on hold until at least May 1—or longer if Governor Cooper extends his stay-at-home order.
As a service to the bar, the Clerks of the Supreme Court and Court of Appeals have posted answers to some of the most frequently asked questions they have received about the order. … Continue Reading
The Fourth Circuit yesterday amended its prior Order suspending the oral argument requirement for published cases to apply to “cases tentatively calendared for May 5-8, 2020.” The Court noted that
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Although the pressures of the public health crisis preventing in-person argument in
March, April, and May 2020 have occasioned a temporary change in the court’s practices,
the court is nonetheless affording these cases equal jurisprudential rigor and attention.
The Fourth Circuit this morning released a public advisory on its upcoming remote oral arguments. See here. The Court is scheduling certain upcoming arguments for videoconference or teleconference, and released a schedule for these arguments. Similar to what the Court did for some of the recent high profile arguments, such as the “travel ban” case, the arguments will be available to listen to live.… Continue Reading
Today, the Supreme Court of North Carolina gave some grace on appellate filings impacted by the coronavirus pandemic. The order issued by the Court does three things:
- Extends for 60 days all deadlines imposed by the Rules of Appellate Procedure that fall between March 27, 2020 and April 30, 2020 (inclusive of those dates).
- Encourages the electronic filing of all documents with the appellate courts.
Fourth Circuit Chief Judge Gregory today issued “Standing Order 20-01,” which temporarily suspends Fourth Circuit Local Rule 36(a) requiring that any published opinion have oral argument. Due to the social distancing required by the coronavirus pandemic, “cases calendared for oral argument in March or April 2020 but not presented at oral argument may be decided by published opinion with the unanimous consent of the panel.” … Continue Reading
On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic. On Thursday, the Chief Justice issued a catastrophic conditions order extending deadlines and other court proceedings for one month. Notably, this extension order does not apply to documents filed or acts to be done in the appellate courts. (But see final two paragraphs below).… Continue Reading