You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third
Continue Reading Wednesday Returns: Court of Appeals Changes Release Schedule for New OpinionsNorth Carolina Court of Appeals
“So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right Doctrine
In appeals, the general rule is that litigants cannot appeal an interlocutory order until a final judgment is entered. But in North Carolina, a major statutory exception to the general…
Continue Reading “So, What’s Going on Here?” North Carolina Supreme Court Clarifies Level of Detail Required to Demonstrate Right to Interlocutory Appeal Under the Substantial Right DoctrineChristmas in September: New Features Added to North Carolina’s Appellate Filing Website
The Supreme Court’s Technology Department has done it again. Quietly adding even more features to the appellate courts’ electronic filings site, www.ncappellatecourts.org.
The filing site has long allowed attorneys…
Continue Reading Christmas in September: New Features Added to North Carolina’s Appellate Filing WebsiteWe’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count Limit
It’s not every day that the Court of Appeals spends almost 12 pages talking about the appellate rules, including why rules compliance is so important. But that’s exactly what the…
Continue Reading We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to Violate the Court of Appeals Word-Count LimitSouthern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”
When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front…
Continue Reading Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal Cases
Big news out of the Court of Appeals for criminal practitioners. In State v. McLean, the Court of Appeals addressed a notice of appeal that was given orally the…
Continue Reading At Trial: Court of Appeals Defines Time Within Which Oral Notice of Appeal May Be Given in Criminal CasesFast Talk: Compressed Oral Arguments in N.C. Court of Appeals
Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive…
Continue Reading Fast Talk: Compressed Oral Arguments in N.C. Court of AppealsClash of the Titans: When Waiver and Subject-Matter Jurisdiction Collide
So much of the law is geared towards addressing what happens when two black-letter principles apply simultaneously but point to different outcomes.
The Court of Appeals had to resolve just…
Continue Reading Clash of the Titans: When Waiver and Subject-Matter Jurisdiction CollideFond Farewell to Retired Court of Appeals Chief Judge John Martin
It is with sadness that I report on the recent death of retired Chief Judge John Martin. He had been fighting cancer for several years and went down swinging. His…
Continue Reading Fond Farewell to Retired Court of Appeals Chief Judge John MartinHelpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner
I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue…
Continue Reading Helpful Changes to NC Appellate E-filing Site: “Upcoming Oral Arguments” Banner