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Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

Incomplete Appellate Record Dooms Appeal: Lessons for Appellate Practitioners

The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...more

Can Appellate Courts Take Judicial Notice of Facts Not Otherwise in the Record? Sometimes.

Sometimes oral argument in a case highlights oddities of the work we do. That happened today in the Virginia Supreme Court in LaRock v. City of Norfolk. Can an appellate court in a particular case go outside the appellate...more

A Trap for the Unwary: Defaulting Related, but Different, Issues on Appeal

Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more

Fixing the Appellate Record When It’s Broken: Undoing Clerical Errors

In U.S. v. Jenkins, the U.S. Court of Appeals for the Fourth Circuit handed down an opinion with an interesting wrinkle for appellate practitioners. It took up the question of when an appellate record that’s incomplete, on...more

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