Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun,
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Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes
Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion
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Navigating Trial Decisions Through An Appellate Framework
Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized
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Court of Appeals Adds Another Wrinkle to What Constitutes a “Proper” Rule 59 Motion for Non-Trial Judgments
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
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Where’s (Judge) Waldo?–The Role of Substitute Judges under the Appellate Rules and Rules of Civil Procedure
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
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What Can You Argue to a Jury About a Witness’ Credibility? North Carolina Supreme Court Provides Some Guidance
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
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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
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
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What’s in a Name? Not the Statutory Right to an Immediate Appeal
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
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At Long Last: Discussion of an Appeal from Small Claims Court
While we here at NCAPB concern ourselves with all things appellate, rarely do we have occasion to blog about appeals from decisions made in Small Claims Court. Cue up the
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Bell v. Martin, 35 Years Later
Although filing a notice of appeal generally divests the trial court of jurisdiction, an appellant may still move for a new trial while an appeal is pending. Doing so, however,
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