On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic.  On Thursday, the Supreme Court issued a catastrophic conditions order extending deadlines and other court proceedings for one month. Notably, this extension order does not apply to documents filed or acts to be done in the appellate courts. (But see final two paragraphs below).… Continue Reading

Last Friday, Chief Justice Beasley of the Supreme Court of North Carolina, held a press conference on the State judiciary’s response to the coronavirus pandemic.  Most of the announcements during the conference focused on the trial courts.  But there was also some information given during the press conference, and since then, about how the appellate courts are dealing with the pandemic.… Continue Reading

space shuttleFor the past 25 years, an oral argument before the United States Supreme Court was considered an oddity when an advocate managed to squeeze two or three sentences in before being interrupted by the bench.  Last Thursday, the Supreme Court stunned the SCOTUS bar by noting in its newly revised “Guide for Counsel” that the justices “generally” will not ask questions of either party during the first two minutes of oral argument.  … Continue Reading

In April 2017, the General Assembly surprised appellate stakeholders by adopting legislation shifting a subclass of Rule 3.1 juvenile appeals—Termination of Parental Rights (“TPR”) appeals—to the Supreme Court’s mandatory direct appellate review jurisdiction.  The silver lining was that the General Assembly did not require an immediate shift in these cases from the Court of Appeals to the Supreme Court.  Instead, TPR cases did not start trickling into the Supreme Court until January 2019.… Continue Reading

The Supreme Court of North Carolina isn’t wasting any time in getting back to work after the 2018 elections.  As Matt wrote  last week, after the election, the Court cancelled oral arguments that had been previously scheduled for December, a common practice when an incumbent is leaving the Court. One of the affected cases was Dickson v. Rucho, the North Carolina gerrymandering case that has been winding its way through the State and Federal Court systems since 2011.… Continue Reading

Clerk of the Supreme Court of North Carolina Amy Funderburk announced by e-mail Friday that December oral arguments in the Supreme Court will be postponed until after the new year.

Such schedule changes are the norm in election years.  It is common practice for the Court not to hold oral arguments between election day and December 31 in years in which an incumbent is leaving the Court. … Continue Reading

On Friday, the Supreme Court of North Carolina amended Rules 28, 29, and 33.1 of the North Carolina Rules of Appellate Procedure.  While the most significant changes involve amicus curiae briefs, the Supreme Court also took a baby step into the world of mandatory appellate e-filing.  A summary of the changes—including my initial thoughts on different features of and questions that could arise under the amendments—follows.… Continue Reading

Confession. I don’t do Twitter.  Social media platforms like Facebook and LinkedIn already drive me semi-crazy. (How many posts do you scroll through before giving yourself permission to stop!?!? And why can’t everything be on one platform?!?!).  Judge Richard Dietz of the North Carolina Court of Appeals, however, has me searching for my twitter password.  On Monday, Judge Dietz tweeted the following:

Tomorrow, the N.C.

Continue Reading

In May 2016, we reported how the Supreme Court of North Carolina held oral argument in Morganton, North Carolina for the first time in over a hundred years.  A year later, eastern North Carolina is getting its own Supreme Court visit. On Tuesday, May 9 (tomorrow) the Supreme Court will hear oral argument in two cases at Edenton’s Historic Chowan County Courthouse: one at 9:30 a.m.… Continue Reading

On Monday afternoon, Bryan Boyd, Clerk of the Supreme Court of North Carolina, informed affected counsel that the December 2016 oral argument calendar–previously  scheduled for the week of December 12– has been cancelled.  The affected cases have not yet been rescheduled.

With Justice-elect Michael Morgan set to join the bench in January 2017, speculation is whirling as to whether the Supreme Court is seeking to wrap up cases before Justice Edmunds’ departure. … Continue Reading