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Videotaped Depositions Played at Trial–What Could Possibly Go Wrong?

If you have never had to deal with an appellate trial transcript that is missing deposition testimony, consider yourself lucky.  When deposition testimony is being read or a video deposition is being shown to a jury or trial judge, court reporters often see no need to “re-transcribe.”  The theory is that since the deposition testimony was previously recorded, there is no need for a contemporaneous transcription of the testimony ‘s presentation at trial.

However, more often than not, problems arise when the parties start to put together the appellate record months later.  Were only excerpts of the deposition testimony presented to the jury? Were objections made to portions of the testimony?  If so, what were the judge’ s rulings on those objections?

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Court of Appeals Plows New Ground on Notices of Appeal

The notice of appeal is arguably the most important document in the life of an appeal.  After all, a proper notice of appeal “is a procedural appellate rule, required in order to give [an appellate court] jurisdiction to hear and decide a case.”  State v. McBride, 120 N.C. App. 623, 625, 463 S.E.2d 403, 405 (1995).  And while perhaps the most commonly seen procedural issue regarding notices of appeal involves

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Facelift: N.C. Rules Of Appellate Procedure Receive An Electronic Makeover

For the past few years, the Rules and Practice Guides section of this blog contained the following disclaimer regarding the N.C. Rules of Appellate Procedure: “WARNING: outdated–incorporates amendments through 2 July 2009 only.  See links to post-2009 amendments below.”  To access the Supreme Court’s “official” Appellate Rules, you had to open four different PDFs on the Appellate Reporter’s website. Unknowingly filing a reply brief or Rule 9(d) Documentary Exhibit under

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The Time to Seek Certification in Appellate Practice is Now!

The NC State Bar’s Board of Legal Specialization is accepting applications for board certification in appellate practice now through July 1, 2016.  Certification is granted by the Board of Legal Specialization to assist members of the public in identifying lawyers who are experienced and knowledgeable in their area of legal need. The program also seeks to improve the competency of members of the bar by establishing an additional incentive for

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Westward Bound: Supreme Court to Hold Two Sessions of Court in Morganton (Psst! A Showdown on an Important Issue of Appellate Procedure Could Occur)

No tattling allowed if someone buys scalped tickets to attend this event. For the first time since the Civil War era, the Supreme Court of North Carolina is preparing a westward trek to Morganton, North Carolina for two oral argument sessions. The ticket-only event will occur on Tuesday, May 17, and Wednesday, May 18 in the Old Burke County Courthouse.

Cases being heard include a challenge by the Cleveland

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After Divided Vote, Supreme Court Primary to Move Forward June 7 as Scheduled

Today, the Supreme Court affirmed the ruling of a three-judge panel that the Supreme Court justice retention statute is unconstitutional.  With the Supreme Court deadlocked 3 votes for and 3 votes against, the lower court ruling is allowed to stand, though without precedential value.

Justice Edmunds, whose re-election bid is the only race subject to the retention statute, recused himself from the appeal.  The primary election put in place by

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