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
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
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?
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
Continue Reading Amendments to Rule 7 Make Small Changes to the Requirements for Transcript Formatting and Certification of Delivery
About a month ago, the North Carolina Court of Appeals issued an unpublished opinion that underscored the importance of compliance with Appellate Rule 9(a), which provides that appeals from the
Continue Reading No Transcript? Maybe No Appeal.
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
Continue Reading Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?
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
Continue Reading Dismissal After Diligent (but Failed) Attempt to Get Transcript
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
Continue Reading Somewhat Surprising Sanctions
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
Continue Reading Alternative Requests for Relief – Reasonable or Risky Business?
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.
Continue Reading How to Improve Your Chances of Winning an Appeal