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Updated Guide to Appealability of Interlocutory Orders Published

Earlier this month, the NCBA ‘s Appellate Rules Committee updated its Guide to Appealability of Interlocutory Orders. The publication provides an excellent starting point for determining when you can appeal interlocutory orders.  The Guide to Appealability–along with the Committee’ s several other publications–are indispensable tools for both new and seasoned appellate practitioners.

Links to the most current versions of the Committee ‘s publications can be found on this blog’ s Practice and Resources page, as well as the Appellate Rules Committee’s website.


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Amendments to Rule 7 Make Small Changes to the Requirements for Transcript Formatting and Certification of Delivery

On March 16, 2017, the Supreme Court of North Carolina issued an order amending Rule 7 of the North Carolina Rules of Appellate Procedure. The order makes slight changes to the requirements concerning the formatting and certification of delivery of the transcript of the proceedings. The revised subsection (b)(1) requires the format of the transcript to comply with the standards set by the Administrative Office of the Courts rather than

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Court of Appeals Reiterates Importance of Preserving Arguments on Appeal

Yesterday, the Court of Appeals published an opinion serving as a reminder that attorneys must always be mindful of preserving their trial court arguments for appeal. In State v. Walker, the Court addressed an appeal from judgments convicting the Defendant of three counts of assault with a deadly weapon with intent to kill inflicting serious injury (acronymed “AWDWWIKISI” in the opinion) and one count of attempted first degree murder.  Defendant argued

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Bill Would Require Judicial, District Attorney Vacancies to Be Filled By Party of Previous Officeholder

Under current law, the Governor may appoint a replacement whenever a judicial or district attorney position becomes open, which occurs from time to time due to resignation, mandatory retirement, or otherwise.  The pool of persons from whom the Governor can choose is wide open.  An appointed replacement then holds the office until the next election (more or less).

House Bill 335, introduced Monday, would change that system.  Under the

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More Jurisdictional Changes: Could Juvenile Cases Be Next?

Last week, we wrote about a bill that was introduced in the legislature that would shrink the Court of Appeals to 12 judges while tweaking the jurisdiction of the Supreme Court to cover direct appeals from orders on class action certification and to provide another pathway for consideration of “Bypass PDRs.”

We had a hard time understanding two things about the bill: (1) why did the bill also give

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Bill Would Shrink Court of Appeals, Expand Supreme Court’s Jurisdiction

A bill introduced today would shrink the number of Court of Appeals judges from 15 to 12.  If enacted, the bill would have the next three retirements or other vacancies simply go unfilled.

The Court of Appeals had 12 judges from 1977 through 2000, when the number was increased to 15.  Even with a full complement of 15 judges, the judges on the Court of Appeals are extremely busy.  The

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