Registration is now open for the North Carolina Bar Association’s 2025 Appellate Practice Section CLE – Elevate Your Appellate Practice. This is going to be a terrific event, with a wide array of all-star speakers. Learn how to become a better appellate advocate in every facet, from writing to oral argument, while avoiding tricky procedural
North Carolina Appellate Practice Blog
Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts
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Latest from North Carolina Appellate Practice Blog
Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors
This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our court system through a statewide high school moot court competition. During the competition, students will debate the existence of…
Preserve Family Harmony–File for Secure Leave Today!
Isn’t “secure leave” wonderful? It’s the one time YOUR schedule overrides the COURT schedule. Just designate a week or two or three, at least 90 days in advance, and you are off the hook for in-court appearances.
Our appellate courts have made it increasingly easy to designate such vacation periods through the e-filing portal. And…
Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.
By Beth Scherer
Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a Masterclass by Justice Dietz on how that requirement can be a trap—particularly in a complex case involving multiple claims, issues, and theories.
Did the NC Supreme Court Just Extend the Dissent-Based Appeal Period?
Dissent-based appeals of right might stick around a little longer than we thought.
The 2023 budget bill struck N.C. Gen. Stat. § 7A-30(2), which had allowed for an appeal of right to the Supreme Court whenever “there is a dissent when the Court of Appeals is sitting in a panel of three judges.” The statutory…
NC Supreme Court Cleans Up Rules on Dissent-Based Appeals
For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from the intermediate appellate court. The 2023 budget bill eliminated that statutory right, leaving…
North Carolina Supreme Court Is All Caught Up
The North Carolina Supreme Court is not stingy with extensions. If a lawyer needs more time to file a brief, the Court will generally allow it.
But with the Court largely caught up on its docket, you might not want to bank on that extension request being granted right now.
Take the April 22-23, 2025…
Serif? Don’t Like It: The Clash Over Fonts Roars Back to Life
A decade ago, talk of fonts was all the rage in North Carolina appellate circles. Jurists were increasingly reading briefs on screens, not on paper. And what works on paper might not work so well on an iPad. (Here’s looking at you, footnotes.)
The central antagonist at the time was the Courier family of fonts—non-proportionally…
Appellate Courts and Messy Kitchens
By Beth Scherer
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat?
In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a palatable analogy to explain the appellate stay concept in layman’s terms. In that…
Wednesday Returns: Court of Appeals Changes Release Schedule for New Opinions
By Beth Scherer
You can hit your snooze button a little later on Tuesdays. Effective January 1, 2025, the Court of Appeals’ scheduled filing days for opinions will be the first and third Wednesday of the month, Since the Court will be issuing a big batch of opinions on New Year’s Eve (and no one wants to read…