For both civil and criminal appeals, the North Carolina Rules of Appellate Procedure require an appealing party who is filing a written notice of appeal to identify “the judgment or
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The Countdown That Ends Before It Even Starts: The Unwritten “Actual Notice” Pathway to Losing Your Right to Appeal
This week, the Court of Appeals added some nuance to an issue that has plagued appellants for many years: the calculation of the appeal period when a judgment is not…
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Taking Care of Business (Part II): Supreme Court Reverses Order Dismissing Appeal Based on Purported Signatory Defect in Notice of Appeal
As noted yesterday, the Supreme Court has been busy. Need further proof? How about the fact that the Supreme Court considered 279 “other matters” on Friday— a category…
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Business Court Dismisses Appeal for Naming the Wrong Appellate Court
Except for appeals in really old cases, appeals from a final judgment entered by a Business Court judge are properly taken to the Supreme Court of North Carolina,…
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File-Stamp Not Dispositive As To When Notice Of Appeal Was Filed
Our readers know that the date of filing of a Notice of Appeal in the “home county” establishes compliance with Appellate Rule 3. But is the file-stamp on that notice…
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Which Orders Can Be Included In A Cross-Appeal?
One sentence of Rule 3(c) of the North Carolina Rules of Appellate Procedure provides: “If timely notice of appeal is filed and served by a party, any other party may…
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Court of Appeals Doubles Down on Deadlines: Notice of Appeal Really Can Be Filed Too Early
A few months ago, I wrote about a case in which the Court of Appeals held that a notice of appeal was filed too early because the time period for…
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A Lesson in Helping Verbs: When You May, Might, or Must Appeal
In its final set of opinions from 2016, the North Carolina Court of Appeals provided some helpful reminders for appellate practitioners.
1. Unless some other exception applies, you may appeal…
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Upcoming Changes to the Federal Rules of Appellate Procedure
Along with changes to the federal civil procedure and bankruptcy rules, the Federal Rules of Appellate Procedure will likely see a significant change in less than a month. Unless Congress…
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Proper Etiquette Is To Be On Time–Not Early
You should always file your notice of appeal as soon as possible, right? Wrong. This is one instance in which being early can actually be detrimental to your client’s rights.
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