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 Amish Horse and Carriageweek, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional?  In this
Continue Reading Can the Cart (Appeal) Go Before the Horse (Entry of Order Being Appealed)?

Unlike in federal court, judges in North Carolina’s state courts often invite counsel for the prevailing party to draft a proposed order on the court’s ruling. Sometimes the judge will
Continue Reading Appellate Review of Trial Court Reasoning

You already know that the Supreme Court adopted numerous amendments to the Rules of Appellate Procedure at the end of 2018. However, some of the most significant changes are occurring
Continue Reading Appellate Rules Amendments Bring Modifications to E-filing System

It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary.  Yesterday afternoon, the Supreme Court issued its latest order amending the
Continue Reading Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

The North Carolina Court of Appeals has started off 2018 with a trend of clarification.  As we noted last week, in this year’s first batch of opinions the Court clarified
Continue Reading Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal

What is the Court of Appeals to do when the correctness of the trial court order being appealed turns on whether or not a certain document was presented to the
Continue Reading Who Gets the Benefit of the Doubt—the Record on Appeal or the Trial Court?