The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an
Continue Reading When Do Appellate Rules Violations Rise To The Level Of Jurisdictional Requirements?
Last year, my colleague Kip Nelson warned about the risks of failing to provide a fulsome “statement of the grounds for appellate review” in an appellant’s brief, as required by
Continue Reading Proving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do Today
When you are waiting on an decision from the North Carolina Court of Appeals, if you are like me, you anxiously scour the new opinions every other Tuesday morning. And
Continue Reading Give The Court Notice Of Additional Authority, But Not Much More
The North Carolina Rules of Appellate Procedure were changed in 2013 to provide an appellant with a guaranteed right to a reply brief, whereas earlier versions of the Rules allowed
No one wants to have her reply brief stricken as untimely. But this is a problem easily avoided, right? Open up your N.C. Rules of Court book to Appellate Rule
Continue Reading Timing of New Reply Brief Rule Still Causing Confusion