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Supreme Court Issues Order Amending the North Carolina Rules of Appellate Procedure: 2018 Holiday Edition

It is beginning to feel like a bi-annual holiday tradition between me and our blog readers: another rule-update summary.  Yesterday afternoon, the Supreme Court issued its latest order amending the North Carolina Rules of Appellate Procedure.  The amendments impact Appellate Rules 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, brand new Appellate Rule 42, as well as Appendixes A, B, and D (whew)!

Based

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Supreme Court Gets Down to Business—Business Court Cases, That Is

With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was expected that our State’s highest court would start churning out business law opinions. The batch of opinions from the Supreme Court released on December 7th contained three opinions originating from the Business Court, but only two of these came

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AJEI–From Atlanta to DC

In the past, I have written about the annual Appellate Judges Education Institute (AJEI). The most recent was held in Atlanta last November.  I write about it now not to make you heartsick that you missed it and insanely jealous of those who made it, but to convince you to plan to attend next year.  It will be held in the District of Columbia November 14-17, 2019 and will

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Four New Appellate Specialists Welcomed

 

The North Carolina State Bar announced last week that four attorneys had met the practice requirements and passed the examination necessary to be designated as Board Certified Specialists in Appellate Practice.  Congratulations to Pat Kane, Kip Nelson, Sherri Horner Lawrence, and Mark Sigmon!

With the addition of Pat and Kip to the rank of specialist, Fox Rothschild (nee Smith Moore Leatherwood) now boasts five board certified specialists as

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No-Merit Briefs, the Pro Bono Program, and En Banc Review

On Tuesday, the Court of Appeals issued its latest batch of opinions. Good news: the impending turkey feast has not slowed the court’s pace in grappling with interesting appellate issues.  Bad news: still no real resolution for most of them.

Rule 3.1 No-Merit Briefs: A Middle Ground?

In July and October, Kip wrote about the evolving disagreement in the Court of Appeals as to what type of appellate review

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North Carolina Supreme Court Re-Sets Oral Argument in Redistricting Case

 

The Supreme Court of North Carolina isn’t wasting any time in getting back to work after the 2018 elections.  As Matt wrote  last week, after the election, the Court cancelled oral arguments that had been previously scheduled for December, a common practice when an incumbent is leaving the Court. One of the affected cases was Dickson v. Rucho, the North Carolina gerrymandering case that has been winding its way

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