North Carolina Rules of Appellate Procedure

In an earlier post, Beth detailed best practices for when a Rule 59 motion will successfully toll the 30-day appeal period under Appellate Rule 3.  See here.  To recap,
Continue Reading What Makes a “Proper” Rule 59 Motion?  The Uncertainty Over When a Rule 59 Motion Will Toll the 30-Day Appeal Clock Continues. . .

scary pictureUpdate: In February 2021, the Supreme Court granted the defendant’s petition for discretion review. 

Since 2015, this blog has frequently discussed whether the text of Appellate Rule 21 places restrictions
Continue Reading “They’re baaaaack!”– Disagreements Regarding Scope of Permissible Relief under Appellate Rule 21 and In re Civil Penalty

I.  You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order

Approximately three years ago, I blogged on Majerske v. Majerske,
Continue Reading Notices of Appeal: Wouldn’t It Be Nice?

On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure.  The amendments impact word-count limitation applicable to appellate briefs and
Continue Reading Supreme Court Adopts Generous, Secured-Leave Policy To Assist Sleep-Deprived, New Parents

As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category
Continue Reading Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal

On Friday, the Supreme Court displayed how busy it has been this summer by releasing 17 authored opinions.  Justice Per Curiam (who is fond of affirming/reversing “for the reasons
Continue Reading Taking Care of Business (Part I): Rule 3.1 No-Merit Briefs Warrant (At Least Some Form of) Appellate Review

NOTICE:  Take the following post with a grain of salt.  The Court of Appeals issued an updated opinion in the Ellis case on 20 August 2019. Although the opinion is
Continue Reading Right for the Wrong Reasons, Redux

Wouldn’t it be great if an automatic notification was sent out whenever court rules were updated?  Wait . . . I hear you!  “What self-respecting lawyer doesn’t subscribe to the
Continue Reading Supreme Court Launches Rules Notification Service

Is there institutional disharmony in the Fourth Circuit? That’s the question that one judge suggested, in a concurring opinion, that lawyers and judges might be asking after an en banc
Continue Reading Institutional Disharmony in the Fourth Circuit? Or Merely Patriotic Dissent?

A few weeks ago the North Carolina Court of Appeals plowed new ground: issuing the first opinion to cite Appellate Rule 38(b) since the Appellate Rules were adopted in 1975.
Continue Reading Accept No Substitutions: Court of Appeals Dismisses Substitute Party’s Appeal Under Appellate Rule 38(b)