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Christmas 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 and the...more

We’re Not Reading All That! The Court of Appeals Sanctions One Appellant While Warning Everyone Else Not to Use an Appendix to...

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 Court of Appeals did in Harney v. Harney. ...more

Southern 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 door wide open all night and even the sweetest southern grandma...more

The Lights Are Still On: Oral Notices of Appeals in Criminal Cases

Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more

En Banc Rehearing in the North Carolina Court of Appeals: A Petition for Panel Rehearing in Disguise?

Long-time readers of this blog may remember the fun I’ve had finding photos reflecting the ups and downs of en banc rehearing in the Court of Appeals. The General Assembly first authorized en banc review in 2016, with the...more

Fast 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 if the parties knew ahead of time the...more

Just in Time for Halloween: Has the Specter of Viar Returned?

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, after being repeatedly killed and...more

Judge Riggs Appointed on Monday; Issues COA Opinions on Tuesday; On Supreme Court Bench Wednesday

On Monday, Governor Cooper elevated Judge Allison Riggs from the Court of Appeals to the Supreme Court. On Tuesday, Judge Riggs and her appellate colleagues issued 24 opinions outside of the normal schedule. And now we hear...more

Appellate Rule Amendment: Service of Appellate Documents in the Trial Court Using Odyssey

On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on...more

Relying on a Motion to Dismiss Response to Address Appellate Jurisdiction Arguments? Maybe Don’t Count on It

The Court of Appeals’ latest batch of opinions includes several reminders about the importance of proving that appellate jurisdiction is proper in an appellant’s opening brief. Not in a conclusory fashion. Not in the...more

Avoiding Big Problems with Small Details: Protecting Sensitive Information and Including the “Littlest Big” Detail With Notices of...

Writer and futurist Alvin Toffler cautioned, “You’ve got to think about big things while you’re doing small things, so that all the small things go in the right direction.” Today’s batch of Court of Appeals opinions...more

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

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 Appeal opinion combines appellate...more

Unmasked: Court of Appeals to Begin Disclosing Identities and Votes of Members of Petition Panel … 90 Days Later

Over the years, John, Dan, and Gene’s signature stamps expended lots of ink signing orders “By order of the Court.” Meanwhile, the identity and votes of the judges who ruled on a particular petition have long been a...more

Oral Argument in Congressional Map Appeal; Updated Appellate Rules Codification; WebEx for Dummies (just kidding)

This blog post is a mishmash of news and updates. —Remote Oral Argument in Harper v. Hall (N.C. Congressional Maps Case). After a Supreme Court remand, the trial court entered an order upholding North Carolina’s...more

Grant Buckner: North Carolina Supreme Court’s Next Clerk of Court

I am pleased to report that the Supreme Court of North Carolina has selected Grant Buckner as its 17th Clerk of Court. Grant is no stranger to the appellate courts. Early on in his career, he clerked for Judge (and later...more

Shiny New Things: Electronically Filing the Entire Record on Appeal; Oral Arguments Available by Podcast

As noted previously, the 2022 Appellate Rules amendments contemplate that the entire record on appeal should be filed electronically during a single e-filing session. Yet, when those amendments were first announced back in...more

New Recusal Order, New Remote Oral Argument, New Rules, New Clerk: Happy New Year!

As we send 2021 out and ring in 2022, a few developments and reminders. Recusal Order. As reported previously, the Supreme Court of North Carolina has been grappling with how to handle involuntary recusal motions. The...more

Unicorns and Loch Ness Monsters—Spotted Yesterday

Stories of mythical creatures have taken over this blog. First it was the summer 2021 unicorn where the Court of Appeals granted (and then withdrew) its first en banc review. And then it was the November 2021 Loch Ness...more

“Hello, Goodbye”: Appellate Courts Face Bittersweet Departures.

Social commentators have described our nation’s current labor market as the “Great Resignation.” Baby Boomers are retiring to spend more time with loved ones. Workers are leaving current employers for more flexible work...more

Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeals, and Motions . . . Oh My!

On Wednesday, October 13, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or after 1 January 2022, are...more

And Then There Were None–Court Of Appeals’ First En Banc Case Vanishes

A month ago, I excitedly reported that the North Carolina Court of Appeals had granted its first motion for rehearing en banc. Turns out that the en banc party invitations were for naught. In a special order entered...more

Back In The (COVID) House: Supreme Court Cancels Plans To Return To In-Person Oral Arguments

Less than a month ago, I excitedly reported about a courtroom reunion for appellate advocates and the Supreme Court justices. Jinx! With the recent surge in Delta variant Covid-19 infections, the North Carolina...more

And Then There Was One: North Carolina Court Of Appeals Grants En Banc Review For The First Time Ever.

Friday afternoon, my email and text message notification systems were singing. Why? For the first time since December 2016 when the Court of Appeals received en banc review authority, an order allowing en banc rehearing was...more

Back In The House: North Carolina Supreme Court Returning To In-Person Oral Arguments

After more than a year of remote oral arguments, the Supreme Court of North Carolina is ready for some face-to-face time. Barring a COVID-19 resurgence, both the Justices and advocates will be back in the Justice Building...more

Welcome Gene: Court Of Appeals Hires New Clerk Of Court

As reported previously, Dan Horne is retiring as Clerk of the Court of Appeals at the end of the month. His successor will be Eugene “Gene” Soar, who has served as Staff Attorney for the Clerk of the Court of Appeals since...more

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