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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

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

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

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

“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

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

Update Your Style: Appellate Rules Committee Publishes Updated Style Manual And Guide To Appealability

The Appellate Rules Committee has updated its style–the Appellate Style Manual that is. The Style Manual provides practical examples and tips for those practicing in North Carolina’s state appellate courts. Although not a...more

2021 Codification Of The Appellate Rules

In the first three weeks of 2021, I have heard nothing but positive feedback about the Supreme Court’s transcript-related rules updates. In more good news, the Supreme Court’s Office of Administrative Counsel has...more

Has The Court Of Appeals Unfriended Its Amicus?

The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more

Investiture Ceremony Of The Supreme Court Of North Carolina

At the stroke of midnight, North Carolina’s judiciary entered a new era, with many appellate justices and judges taking the oath office from their homes. This age-old changing of the guard included Chief Justice Paul Newby...more

1/4/2021  /  Judges , North Carolina , SCOTUS
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