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North Carolina’s Very Own Appellate Practice Treatise is Now Available!

Beth and Matt’s treatise, North Carolina Appellate Practice and Procedure, is finally available!  Published by LexisNexis in both print and online versions, the treatise represents the culmination of several years, and many thousands of hours, of hard work.

The treatise grew out of the same circumstances that spurred us to create this blog in 2011.  The practice of law in North Carolina’s appellate courts can be procedurally tricky.  Customs

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Notices of Appeal: Wouldn’t It Be Nice?

I.  You Can’t Have One Without the Other: Notice of Appeal Must Designate Both Final Judgment and Intermediate Order

Approximately three years ago, I blogged on Majerske v. Majerske, an unpublished Court of Appeals decision that dismissed an appeal for a notice of appeal defect.  Reason: The notice of appeal identified the intermediate order that the appellant was challenging on appeal, but not the trial court order that converted

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Supreme Court Adopts Generous, Secured-Leave Policy To Assist Sleep-Deprived, New Parents

On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure.  The amendments impact word-count limitation applicable to appellate briefs and parental leave.

Rule 3.1 Supreme Court Briefs are Subject to Rule 28(j)’s Word Count Limitation

Historically, word-count limitations have not applied to appellate briefs filed in either direct or secondary appeals to the Supreme Court.  In January 2019, the

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Is Dogwood’s Bark Losing Its Bite?

Back in March, the Court of Appeals in Ramsey v. Ramsey dismissed a party’s appeal for cumulative non-jurisdictional violations that the Court described as “gross and substantial noncompliance with the North Carolina Rules of Appellate Procedure.” (See prior posts on Ramsey here and here.)  On Tuesday, in K2HN Construction, NC, LLC v. Five D Contractors, Inc., the Court dismissed another appeal that had a tortured relationship with the State’s appellate

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Petitions to Watch: Labor Day Edition

In addition to our petition tracker for PDRs already granted by the Supreme Court, we also keep an eye on interesting petitions pending before the Court. Below are recently filed petitions that, among other things, ask the Supreme Court to consider dumping the State’s contributory negligence doctrine and to stop the State from informing the public about an upcoming voter identification requirement. If there are other interesting petitions that

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