Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit of the relation back doctrine.
Continue Reading Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeals
Continue Reading School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad
Continue Reading Just in Time for Halloween: Has the Specter of Viar Returned?
Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C.
Continue Reading NC Expands Role of Amici in AppealsIf you handle appeals in North Carolina, you need a copy of the Style Guide. This guide is put together by the state’s Appellate Rules Committee and updated regularly.
I’ve
Continue Reading Appellate Style Guide Updated
As you likely know, our Court of Appeals stays quite busy. That is no less true now, with the 2023-24 term in full swing. Many folks–from the clerk’s office to
Continue Reading Law Clerk Wanted: North Carolina Court of AppealsJustice Trey Allen was kind enough to sit down with me for an interview. At the time of our interview, Justice Allen was our Supreme Court’s Junior Associate Justice (now
Continue Reading A Conversation with Justice Allen
Your future hasn’t been written yet. No one’s has. Your future is whatever you make it. So make it a good one.
– Doc Brown, “Back To The Future”
On
Continue Reading Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench WednesdayThe Supreme Court of North Carolina gets a lot of questions and filings from unrepresented litigants. Often, those folks are in the wrong court (they should be in the Court
Continue Reading Supreme Court Offers Appellate Advice for Unrepresented Litigants
In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the
Continue Reading To Recuse? Or Not To Recuse?
In a short order issued last week, the North Carolina Supreme Court narrowly voted to vacate a Court of Appeals’ opinion in connection with dismissing an appeal on mootness grounds.
Continue Reading When an appeal becomes moot, should the lower court opinion be vacated?The Complaint can be found here.
Continue Reading North Carolina Supreme Court Justice Files Lawsuit Against Judicial Standards Commission