Last week, 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 instance, the specific issue was whether the Court has jurisdiction over an appeal when a notice of appeal was filed and the record on appeal was filed and the appeal docketed before the trial court entered the order that was being appealed.… Continue Reading
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 let the parties know of the judge’s rationale through a formal memorandum of ruling or an informal email. Does that document play any role in the appellate process?
Yes, according to the Court of Appeals.… Continue Reading
Last month, Beth blogged about an opinion from the Court of Appeals dismissing an appeal for eight appellate rules violations. This month, the Court withdrew its opinion, issued a new opinion finding seven-ish appellate rules violations, and dismissed the appeal again.
The returning case is Ramsey v. Ramsey, a family law case involving a contempt order. Beth had noted that certain of the eight errors identified by Judge Zachary—including compliance with the deadline to file the record on appeal—may not have been rules violations.… Continue Reading
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 behind the scenes at the appellate courts’ electronic filing website (https://www.ncappellatecourts.org)
I. Court of Appeals Continues to Lift E-filing Restrictions
For years, the electronic filing website categorically prohibited e-filing appellate records in the Court of Appeals. … Continue Reading
Practitioners: Say goodbye to goldenrod printed records (and COA briefs with colorful covers). As I previously predicted, both appellate clerks will no longer be mailing printed records to the parties. In the Court of Appeals, the previously titled “Notice of Mailing of the Printed Record” has been transformed into a “Notice of Filing of the Record on Appeal.”… Continue Reading
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 North Carolina Rules of Appellate Procedure. The amendments impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, brand new Appellate Rule 42, as well as Appendixes A, B, and D (whew)!… Continue Reading
Look around your office. There’s paper everywhere, right? Your office is a fire hazard.
How can you fix that problem? You should take two steps: (1) throw all that stuff away; and (2) don’t fill the resulting void with more paper.
The North Carolina Court of Appeals is embarking on a little housekeeping itself. Let’s check in on how that’s going.… Continue Reading
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 the applicable standard of review for a trial court’s decision on whether a party has waived a contractual right to arbitration. And now after the year’s second batch of opinions was released earlier this week, appellate practitioners have further clarity: if the record on appeal does not contain a certificate of service for the order or judgment being appealed and the appellee seeks to dismiss that appeal on the grounds that it was untimely, the burden of showing when actual notice was received is on the appellee. … Continue Reading
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 trial court, but that document does not appear in the record on appeal? That is the question that confronted the Court in State v. Cobb. And in a split decision issued on Wednesday, the majority presumed that the record on appeal was correct and thus the trial court had erred.… Continue Reading
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the trial division will be reviewed “solely upon the record on appeal, the verbatim transcript of the proceedings, if one is designated, and any other items filed pursuant to this Rule 9.” … Continue Reading