The Fourth Circuit announced today that in-person oral arguments would continue to be suspended for the October 27-30 argument session.  As with the September session, cases assigned to pre-argument review “will be scheduled for argument by video-conference or teleconference, submitted on the briefs, or continued to a later session, at the direction of the panels in each case.”

Link to announcement is here.… Continue Reading

The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument.  Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted on March 23, 2020, to allow for published opinions without argument in “cases assigned for pre-argument review, tentatively calendared, or calendared for argument while in-person argument sessions are suspended due to the coronavirus.” … Continue Reading

The future is now, and the NCBA Appellate Practice Section wants to help you be ready.  With the state’s appellate courts, and other courts around the country, going to remote videoconference hearings because of the Coronavirus pandemic, a special program has been put together for May 27.  It is described as follows:

Appellate Practice Section Panel
Preparing for WebEx Oral Arguments in NC Appellate Courts

You are invited to join the Appellate Practice Section for a Zoom panel to learn about preparing for and presenting remote video oral argument in our NC Appellate Courts via WebEx.

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A recording of North Carolina’s first virtual oral argument is now available for viewing.   Because the video stream began before the actual arguments commenced, insight is available into how the Court of Appeals and the advocates worked through some technical kinks in the process.  (A round of applause to IT Superhero Fred Wood, who appeared to be getting quite a workout running between offices). … Continue Reading

The Fourth Circuit yesterday amended its prior Order suspending the oral argument requirement for published cases to apply to “cases tentatively calendared for May 5-8, 2020.”   The Court noted that

Although the pressures of the public health crisis preventing in-person argument in
March, April, and May 2020 have occasioned a temporary change in the court’s practices,
the court is nonetheless affording these cases equal jurisprudential rigor and attention.

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The Fourth Circuit this morning released a public advisory on its upcoming remote oral arguments.  See here.  The Court is scheduling certain upcoming arguments for videoconference or teleconference, and released a schedule for these arguments.  Similar to what the Court did for some of the recent high profile arguments, such as the “travel ban” case, the arguments will be available to listen to live.… Continue Reading

On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic.  On Thursday, the Chief Justice 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