As mentioned previously, several new judges are joining the Court of Appeals this month.  Similar to the Supreme Court’s ceremony, the investiture ceremony for these new judges will be held virtually at 10:00 a.m. on Thursday, January 14th.  Members of the public can watch the ceremony on the judicial branch’s YouTube page.  More information about the ceremony can be found here.… Continue Reading

The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but here’s a bare-bones synopsis.

Plaintiff and defendant, both women, were dating. When plaintiff decided to end the relationship, defendant allegedly became abusive.… Continue Reading

On December 30, 2020, Darren Jackson accepted Governor Cooper’s appointment to serve on the North Carolina Court of Appeals. Judge Jackson is a former law partner of Judge Donna Stroud, who recently ascended to the post of Chief Judge on the state’s second highest court.

Prior to accepting the appointment, Judge Jackson had been a member of the North Carolina House of Representatives since 2009.… Continue Reading

The new year will bring many changes to our state appellate courts.  Another big change was announced yesterday.  With Court of Appeals Chief Judge Linda McGee retiring after over 25 years of service, Chief Justice Cheri Beasley has appointed Judge Donna Stroud as the new chief of our intermediate appellate court, effective January 1, 2021.

Judge Stroud has served on the Court of Appeals since 2007—a tenure of 14 years. … Continue Reading

Desperately searching for COVID-safe CLE hours?  The North Carolina Court of Appeals is offering appellate continuing legal education courses until the end of February 2021.   According to the Court’s press release, the on-demand video courses are available for free to licensed North Carolina attorneys seeking CLE credit, North Carolina paralegals seeking CPE credit, and the general public.  The courses are divided into six one-hour videos that cover various topics including emerging appellate issues, appellate practice and procedure, ethics, and technology. … Continue Reading

Over the weekend, the last undecided race for North Carolina’s appellate courts was resolved when Chief Justice Cheri Beasley conceded the race to Senior Associate—and Chief Justice-Elect—Paul Newby.   The race was extraordinarily close, with Chief Justice-Elect Newby ultimately prevailing by a margin of 50.0037% to 49.9963%.

After two rounds of recounts, and with various protests still pending, Chief Justice Beasley and Chief Justice-Elect Newby announced the amicable resolution on social media. … Continue Reading

Precisely 364 days ago, Kip previewed  the coming of universal citations.   Twenty-eight days remain until universal citations assume a starring role in judicial opinions and briefs.   And to help practitioners model their own trendsetting citations, the Supreme Court of North Carolina has released a Universal Citation factsheet.

Key features include (1) no longer needing the regional reporter reference when citing to North Carolina opinions filed on or after January 1, 2021, (2) replacing parallel pinpoint citations with the opinion’s paragraph number, and (3) omitting the citation’s year parenthetical (the opinion’s year is now embedded in the universal citation). … Continue Reading

Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification on how various transcript-related issues should work in practice.  Today, the Supreme Court of North Carolina granted that wish by amending the North Carolina Rules of Appellate Procedure.

For cases appealed on or after January 1, 2021, Appellate Rule 7 has been completely rewritten.   … Continue Reading

In Pounds, et al. v. Portfolio Recovery Associates, LLC, the North Carolina Court of Appeals recently issued an opinion that may have a significant impact on collections law and arbitrability.

Defendant is an entity that purchases consumer debt.  Plaintiffs are individual credit card holders who had racked unpaid bills on their cards.  Defendant purchased the debts of those individual plaintiffs, then brought suit and obtained default judgments against each.… Continue Reading

A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v. Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining that the writ “is allowed only on a reasonable show of merits and that the ends of justice will be thereby promoted”). Not surprisingly, it has long been the rule that a party seeking a writ of certiorari must explain why the writ should be granted.… Continue Reading