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Navigating Trial Decisions Through An Appellate Framework

Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution for the client. Boone Ford, Inc. v. IME Scheduler, Inc., issued last week, provides two helpful reminders

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Supreme Court Cancels December Arguments

Clerk of the Supreme Court of North Carolina Amy Funderburk announced by e-mail Friday that December oral arguments in the Supreme Court will be postponed until after the new year.

Such schedule changes are the norm in election years.  It is common practice for the Court not to hold oral arguments between election day and December 31 in years in which an incumbent is leaving the Court.  In 2016, for example, the

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Hurricane Still Affecting Court Proceedings in Jones and Onslow Counties

Although many courthouses have resumed normal operations, the aftermath of Hurricane Florence is still affecting proceedings in some areas.  This week, Chief Justice Martin issued an order that extended emergency operations in Jones County and Onslow County through 6 December 2018.  A copy of the order (allowing court personnel to operate at alternative locations) can be found here.

–Kip

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The Election Results Are In

After record voter turnout, the dust has settled on the appellate judicial races in North Carolina.  Anita Earls will be the newest justice on the Supreme Court of North Carolina.  Toby Hampson and Allegra Collins will serve on the North Carolina Court of Appeals.  In addition, Judge John Arrowood will maintain his seat on the Court of Appeals for another eight years.

Congratulations to those four jurists!

We would

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Court of Appeals Takes Baby Steps Toward Paperless Future

Look around your office. There’s paper everywhere, right? Your office is a fire hazard.

How can you fix that problem? You should take two steps: (1) throw all that stuff away; and (2) don’t fill the resulting void with more paper.

The North Carolina Court of Appeals is embarking on a little housekeeping itself. Let’s check in on how that’s going.

Step 1: Throw all that stuff away

Yesterday,

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Fourth Circuit Holds that Trial Court Cannot Prevent Appellate Review of Decision by Vacating that Decision After Appellate Proceedings Have Commenced

In an opinion highlighting an interesting federal appellate jurisdictional issue, the Fourth Circuit on Monday vacated a “gag order” that had been entered by the district court.  That gag order, however, had already been vacated by the district court itself.  This raised the possibility that the Fourth Circuit was without jurisdiction to address the gag order, which had been challenged in the appellate court through a petition for a

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