I wrote a few days ago about some practitioners experiencing problems with overzealous spam filters catching important notices from our appellate courts. To be clear, this is a user-side issue, not a problem with the appellate courts’ software. Nevertheless, our appellate courts’ wonderful IT team has been looking at ways to mitigate these concerns. Enter the “Upcoming Oral Arguments” banner: The next time you log in to the appellate e-filing site, you may notice a blue “Upcoming Oral Arguments” box at the top of the page, above the list of cases in which you have made an appearance. For mos ..read more

If you have a case pending before the North Carolina Supreme Court and haven’t yet received an oral argument notice, your case likely won’t be argued until the fall. The North Carolina Supreme Court does not have an established formula for when it hears arguments. In past years, the Court has often held the first arguments of a term in late August and the last arguments in mid-May. But the schedule is fluid, with the Court sometimes convening during the summer for urgent matters or compressing multiple argument weeks to free up time elsewhere. For instance, in 2022 the Court had a busy spring ..read more

It’s back! The NCBA Appellate Practice Section Counsel’s Annual CLE and Social is returning this March. The social will be at Whiskey Kitchen (201 W. Martin St, Raleigh) on Thursday, March 7 at 5pm. Join us for drinks, food, and a great time. Sign up here. The next day, head over to the NCBA Center for a fascinating CLE on Modern Appellate Practice, including tips for getting PDRs granted, how to use AI safely and ethically to promote your appellate practice, insights into extraordinary writs and appellate motions, writing for Gen Z, being an effective amicus, and court-appointed appeals. Thi ..read more

If you have had a case tentatively calendared for oral argument in the Fourth Circuit recently, then you likely received a notice to submit a specific form indicating whether you are aware of any cases currently pending in the Fourth Circuit or Supreme Court that raise issues similar to the issues raised in your case. That notice may have come as a surprise to you. But if you thought this request from the Court meant that there was something unique about your case, or that perhaps the Court was suggesting that there is a similar case on appeal, you were wrong. While that inquiry has long been ..read more

[CORRECTION, JANUARY 26, 2024:  Attorney Benjamin Kull, who practices in Durham, pointed out to me that the penultimate paragraph of the original post, discussing searches based on the odor of marijuana, was not accurate.  It has been modified.  Thanks and a tip of the hat to Benjamin!]             The North Carolina Court of Appeals issued several interesting opinions in its most recent release.  I’ll dig into one that should be of particular concern to all practitioners, then mention a couple of others that caught my ..read more

            The North Carolina Court of Appeals issued several interesting opinions in its most recent release [LINK].  I’ll dig into one that should be of particular concern to all practitioners, then mention a couple of others that caught my eye.             In Smith Debnam Narron Drake Saintsing & Myers, LLP v. Muntjan, No. COA23-324, there are three relevant participants to a contract dispute: (1) the plaintiff law firm, (2) a business owned by an individual named Nick, a ..read more

The North Carolina Court of Appeals has a new chief judge.  Effective January 1, 2024, Chief Justice Newby has appointed Senior Associate Judge Chris Dillon as the new chief of the North Carolina Court of Appeals. Judge Dillon has served on the Court of Appeals for nearly 11 years, placing him second in seniority under the Court’s rules. Judge Dillion steps into a role held by Chief Judge Donna Stroud since January 2021.  Judge Stroud, who will continue to serve as a Judge on the Court, helped to usher the Court of Appeals out of a difficult COVID period, including more permanent vi ..read more

Petitions for the writ of certiorari are a fairly routine part of North Carolina appellate practice and procedure, but the Appellate Rules do not provide much guidance on what those petitions should contain.  Under Rule 21(c), the only requirements for such a petition are a statement of the relevant facts, a statement of the reasons why the writ should issue, and certified copies of the relevant parts of the record. At the same time, the writ of certiorari (like the writ of mandamus, prohibition, or supersedeas) is an extraordinary writ.  It is never issued as of right.  So wha ..read more

The North Carolina State Bar has announced that six attorneys have passed the grueling examination and have been certified as Specialists in Appellate Practice.  They are: L Lamar Armstrong, III, Smithfield Joseph Gilliam, Durham James Kilbourne, Asheville Michelle Ligouri, Raleigh Amie Sivon, Raleigh Erik Zimmerman, Chapel Hill             Congratulations to all! –Bob Edmunds ..read more

The four civil cases decided by the Supreme Court on 15 December 2023 hang together by a focus on minimalism and, in three of them, dissenting opinions by Justice Earls.  Based on the current composition of the Supreme Court, this minimalist approach, with a dissent, may be a harbinger of what to expect from the Supreme Court in the future. D.V. Shah Corp., v. Vroombrands           In D.V. Shah Corp., v. Vroombrands, LLC, et. al., the Supreme Court reversed a grant of summary judgment by a trial court which refused to hear testimony prior to t ..read more