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A Wistful Farewell

Chief Justice Martin has just announced his retirement from the bench. While his accomplishments are well-known, Mark (and since that’s how I’ve always known him, I won’t stop now) has always been a little formal in public and prefers to divert attention to others. So what’s he really like? Having spent sixteen years working with him, I hope I can shed a little light on that question.

Mark’s early

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In Re Civil Penalty (again)

Last October, I blogged about the interaction between State v. Alonzo, __ N.C. App. __, 819 S.E.2d 584 (2018), and In re Civil Penalty, 324 N.C. 373, 379 S.E. 2d 30 (1989).  To recap, In re Civil Penalty holds that the first Court of Appeals opinion addressing an issue controls if that issue arises again and that the Court of Appeals cannot overrule itself.  The Alonzo result was based

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Now Hiring: Office of Staff Counsel at the North Carolina Court of Appeals

The Office of Staff Counsel at the North Carolina Court of Appeals is hiring. You will find hard info about salary, benefits, and a job description here.

Soft info not revealed by the link is what bright and enjoyable people work in the Office of Staff Counsel, including its Director (and experienced appellate attorney), Jaye Bingham-Hinch.

If you know any bright and enjoyable attorneys that might be interested in the position, the deadline for applying is January 27.

-Beth Scherer

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Fire Sale: Goldenrod Yellow Paper

Practitioners: Say goodbye to goldenrod printed records (and COA briefs with colorful covers).   As I previously predicted, both appellate clerks will no longer be mailing printed records to the parties.   In the Court of Appeals, the previously titled “Notice of Mailing of the Printed Record” has been transformed into a “Notice of Filing of the Record on Appeal.”

This new notice discloses (1) that the parties will no longer be receiving the printed record by mail, (2) that the appellant must complete an Appeal Information Statement on the e-filing website

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Up-To-Date Set of Appellate Rules Released

Did you enjoy opening and comparing three different Supreme Court orders to determine the most current version of a particular Appellate Rule? For those twisted few who did, your joy is gone.

The Supreme Court’s Office of Adminstrative Counsel recently released a PDF codifying the current Appellate Rules  (including the January 1, 2019 amendments) in a single, easy to navigate document.

Want to view the 2019 redline order summarized in this blog post?  No problem.  A table at the end

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Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion to select a remedy—a new trial in whole or in part. The trial court may not, however, grant a Rule 59(a) motion and then award something other than a new trial, like an increase in the amount of damages.

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