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
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Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition
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
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Court of Appeals Takes Baby Steps Toward Paperless Future
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
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Court of Appeals Continues to Clarify, This Time With Respect to Burden of Proving Timely Appeal
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
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Who Gets the Benefit of the Doubt—the Record on Appeal or the Trial Court?
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
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No Transcript? Maybe No Appeal.
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the
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Traps in North Carolina Business Court Appeals: Collected for You in One Place
Our goal in creating this blog was to be a “one-stop shop” for news, information, tips, and resources involving North Carolina appellate practice and procedure. Over a five-year period, NCAPB.com’s
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Business Court Designation Papers Are Now a Mandatory Part of the Record on Appeal
In yet another case highlighting potential pitfalls when appealing a decision of the Business Court, the North Carolina Court of Appeals dismissed a plaintiff’s appeal Tuesday for failing to provide
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No Mirror Image: Issues That Arise When Oral And Written Rulings Are Different
Tuesday’s batch of Court of Appeals opinions contained two scenarios in which a trial court’s oral ruling failed to align with its subsequent written order. While one of the “inconsistent”
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Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?
If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky. When deposition testimony is being read or a video deposition
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