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 on how various transcript-related issues should work in practice.  Today, the Supreme Court of North Carolina granted that wish by amending the North Carolina Rules of Appellate Procedure.

For cases appealed on or after January 1, 2021, Appellate Rule 7 has been completely rewritten.   … 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

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

On March 16, 2017, the Supreme Court of North Carolina issued an order amending Rule 7 of the North Carolina Rules of Appellate Procedure. The order makes slight changes to the requirements concerning the formatting and certification of delivery of the transcript of the proceedings. The revised subsection (b)(1) requires the format of the transcript to comply with the standards set by the Administrative Office of the Courts rather than Appendix B of the rules.… 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About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the trial division will be reviewed “solely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

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 is being shown to a jury or trial judge, court reporters often see no need to “re-transcribe.”  The theory is that since the deposition testimony was previously recorded, there is no need for a contemporaneous transcription of the testimony’s presentation at trial.… Continue Reading

Last week the North Carolina Court of Appeals dismissed an appeal based on what it described as “substantial noncompliance” with the appellate rules. The dismissal in Smith v. North Carolina Department of Public Safety involved two non-jurisdictional defects—Appellant’s failure to cite legal authority in a brief and Appellant’s failure to provide a transcript of the proceeding from which this appeal arose.… Continue Reading

After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading

Thinking about proposing an alternative request for relief, asking for a clean win but informing the court that you would settle for lesser relief “in the alternative”?  What about saving your client some money and not including a hearing transcript in the record on appeal?  The following two cases may make you think twice about both decisions.

Yesterday in First Bank v.Continue Reading

1)     Appeal from an order that can be appealed.  The Court of Appeals reminded us today that interlocutory attorney fee awards are not immediately appealable.  Cebula v. Givens Estates, Inc.  Neither are decisions from the Industrial Commission that are limited to the question of insurance coverage.  Owen v. Hogsed.  Neither are orders that dismiss some, but not all, claims.  Fox v.Continue Reading