North Carolina Rules of Appellate Procedure

When prospective Appellants face a deadline for filing a Notice of Appeal, it is imperative that they know how many days, and which days, to count.
Continue Reading Whoever Said “Don’t Count the Days, Make the Days Count,” Must Not Have Needed to File a Notice of Appeal

In its opinions issued on February 21, 2023, the NC Court of Appeals focused on how appellants must preserve their right to appeal issues if they want access to the appellate courts. 
Continue Reading There’s No Appeal Without the Right to Appeal

The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief.  Not in a conclusory

Continue Reading Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments?  Maybe Don’t Count on It

Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.”  Today’s

Continue Reading Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of Appeal

Friday afternoon, my email and text message notification systems were singing.  Why?  For the first time since December 2016 when the Court of Appeals received en banc review authority,
Continue Reading And Then There Was One: North Carolina Court of Appeals Grants En Banc Review for the First Time Ever.

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
Continue Reading North Carolina Court of Appeals Offers Free Appellate CLE Courses

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
Continue Reading Universal Citations: Coming Soon to a Brief Near You

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
Continue Reading Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules

Last year, I blogged about State v. Ellis where a passing motorist gave a Highway Patrol trooper the middle-finger salute and was arrested for his trouble.  A divided Court of
Continue Reading Appellate Rulings Not Argued By Any Party; or Too Many Fingers in the Pie