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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 Court …Read More

Oral Arguments Remain Rare at the North Carolina Court of Appeals

According to an analysis by Kenzie Rakes at her new blog www.ncappellatestats.com, about one-in-seven, or 14%, of cases in the North Carolina Court of Appeals were orally argued in 2015. That may seem like a low number, but remember that the denominator of that fraction includes pro se cases and others that would not make for a productive in-person discussion of the issues.  Cases presenting issues of first impression or appeals involving …Read More

Want to Moot an Upcoming Appellate Argument? Carolina Law Has You Covered

UNC School of Law has just launched an ambitious moot-court program for practitioners, organized by the law school’s Holderness Moot Court program and its faculty advisor, Professor Donald Hornstein.  Anyone with an upcoming argument in the Supreme Court of North Carolina or the North Carolina Court of Appeals is eligible to participate.  The Program will put together a panel of moot-court judges, including a faculty member and a law student, to …Read More

Fourth Circuit to Hear Arguments at Campbell Law on September 17

The Fourth Circuit will hear oral arguments at Campbell’s law school in downtown Raleigh on September 17.  A panel of the court will consider three cases, including a First Amendment case and two criminal appeals.  Of course, the identity of the panel members will not be revealed until the morning of the arguments. I think it very likely that the law school’s courtroom will be packed, and seating is on …Read More

Judge Pamela Harris and the Fourth Circuit’s Collaborative Culture

Yesterday, the Maryland Appellate Blog featured remarks from the Fourth Circuit’s newest federal appellate judge, Pamela Harris, on the Fourth Circuit’s collaborative culture.  The remarks from Judge Harris are particularly insightful because she had a robust appellate practice before joining the Fourth Circuit.  Want to know more about how Judge Harris approaches briefs and oral arguments?  What appellate tactics “go over like a lead balloon” at the Fourth Circuit?  Check the post out. –Beth …Read More

Interesting Times Ahead: NC Supreme Court Hears Oral Argument In First of Five Cases “Grabbed” from Court of Appeals.

On Monday, the North Carolina Supreme Court heard oral argument in Cubbage v. The Board of Trustees of the Endowment Fund of NC State University (a.k.a., the “Hofmann Forest appeal”)  The appeal involves environmental groups’ efforts to stop N.C. State’s sale of Hofmann Forest.  As we previously reported here, the Hofmann Forest appeal is one of five cases that the North Carolina Supreme Court sua sponte “grabbed” on 10 October for consideration before the Court …Read More

Lights, Camera, Action Part II: Court of Appeals Adds Light and Timer System to Oral Argument Podium

Last year we reported here when the Supreme Court obtained a new oral argument timing system to assist counsel and the Court in keeping track of oral argument time remaining.  We recently learned that the Court of Appeals added the same or similar system to its oral argument podium. While I have not yet seen the Court of Appeals’ system up-close, you can catch a peak of it by watching WRAL’s video of the ACC …Read More

Supreme Court to Hear Three Significant Civil Appeals in October

Continuing a recent trend of tackling more thorny civil cases, the Supreme Court of North Carolina will hear three high-profile civil cases this October.  Notably, two of the three cases are before the Court in its discretion (not by appeal of right). As part of our ongoing coverage of the Supreme Court, we offer here a preview of the issues confronting the Court in those three cases.  In brief: 1.         …Read More

Recent Improvements to the NC Appellate Practice Blog

If you are a blog subscriber, you may have noticed some repetitive traffic from our blog mailing list this past week.  We apologize for the inconvenience, but are pleased to announce that the NCAPB.com blog was recently moved to a faster server.   With this move, the blog pages should load much faster for our blog visitors.  This behind-the-scenes update also presents an opportunity to highlight one of the key features …Read More

Read Before You Speak: Three New Oral Argument Guides Available to Assist Attorneys Arguing Before the North Carolina Supreme Court, the North Carolina Court of Appeals, and the Fourth Circuit.

The Appellate Rules Committee recently released two new “Guides for Counsel.” These oral argument guides are designed to assist attorneys arguing before the North Carolina Supreme Court and North Carolina Court of Appeals.  For example, the guides provide tips for preparing for oral argument, as well as practical information regarding the location of the courts, where to park, how your oral argument time is monitored, where to sit, and whether …Read More