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

Imagine that Judge Waldo has orally ruled against your client.  A proposed written order has been submitted by the parties to the trial court.  You are gearing up for an
Continue Reading Where’s (Judge) Waldo?–The Role of Substitute Judges under the Appellate Rules and Rules of Civil Procedure

Memo to trial lawyers in North Carolina: Do not tell the jury that a witness is a liar.  And you also shouldn’t imply that opposing counsel and an opposing expert
Continue Reading What Can You Argue to a Jury About a Witness’ Credibility? North Carolina Supreme Court Provides Some Guidance

Most attorneys have had a least one unfavorable final judgment entered before trial.  The attorney may feel that the trial court completely misunderstood her argument. Perhaps the trial court entered
Continue Reading Resisting the Urge To Give The Trial Court One Last Chance: Dangers of Using N.C. R. Civ. P. 59 To Revisit Final Judgments Entered Without A Trial

North Carolina General Statutes § 1-277(a) says that “an appeal may be taken from every judicial order or determination of a judge of a superior or district court…[that] grants or


Continue Reading What’s in a Name? Not the Statutory Right to an Immediate Appeal