North Carolina Appellate Practice Blog

Fox Rothschild's blog about practicing law in North Carolina state and federal appellate courts

The Fourth Circuit this morning released a public advisory on its upcoming remote oral arguments.  See here.  The Court is scheduling certain upcoming arguments for videoconference or teleconference, and released a schedule for these arguments.  Similar to what the Court did for some of the recent high profile arguments, such as the “travel ban” case, the arguments will be available to listen to live.   –Patrick Kane…
Today, the Supreme Court of North Carolina gave some grace on appellate filings impacted by the coronavirus pandemic. The order issued by the Court does three things: Extends for 60 days all deadlines imposed by the Rules of Appellate Procedure that fall between March 27, 2020 and April 30, 2020 (inclusive of those dates). Encourages the electronic filing of all documents with the appellate courts. And all means all—even the printed record on appeal in…
Fourth Circuit Chief Judge Gregory today issued “Standing Order 20-01,” which temporarily suspends Fourth Circuit Local Rule 36(a) requiring that any published opinion have oral argument.  Due to the social distancing required by the coronavirus pandemic, “cases calendared for oral argument in March or April 2020 but not presented at oral argument may be decided by published opinion with the unanimous consent of the panel.”  To see a copy of the Order, click here.…
After three years of exemplary service to our State, Matt Sawchak will step down as Solicitor General effective March 31, 2020.  General Sawchak–soon just “Matt” or “Professor Sawchak” again–has represented the State with aplomb in state and federal appellate courts, including the Supreme Court of North Carolina and the United States Supreme Court. Deputy Solicitor General Ryan Park will step into the lead role on April 1.   Ryan’s on something of a roll,…
On Tuesday, Troy posted on the uncertainty surrounding how North Carolina appeals are being impacted by the coronavirus pandemic.  On Thursday, the Supreme Court issued a catastrophic conditions order extending deadlines and other court proceedings for one month. Notably, this extension order does not apply to documents filed or acts to be done in the appellate courts. (But see final two paragraphs below). For an analysis of the effect of that emergency order, please see…
Here is a compilation of the current status of the federal appellate courts and announcements about their respective changes, closings, and procedures as of the afternoon of March 19, 2020.  Click on the name of the court to be taken directly to that court’s website.   As with everything surrounding the coronavirus pandemic, things are changing rapidly, so we encourage you to check the courts’ websites frequently if you have pending cases and deadlines. –Kip Nelson…
The Fourth Circuit this morning joined a growing list of courts that have issued public advisories and instructions regarding operations during this unprecedented time.  This includes the closing of the Powell Courthouse in Richmond to the public.  Oral arguments that were set to take place during this week’s argument session and the April 7 argument session might be rescheduled, heard through remote means, or submitted on the briefs, depending on the decision and direction of…
Last Friday, Chief Justice Beasley of the Supreme Court of North Carolina, held a press conference on the State judiciary’s response to the coronavirus pandemic.  Most of the announcements during the conference focused on the trial courts.  But there was also some information given during the press conference, and since then, about how the appellate courts are dealing with the pandemic. First, both the Supreme Court and the Court of Appeals remain open for filing—electronic…
Last week, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional?  In this instance, the specific issue was whether the Court has jurisdiction over an appeal when a notice of appeal was filed and the record on appeal was filed and the appeal docketed before the trial court entered the order that was being appealed. In State
Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions. Of those six Business Court appeals, three were decided with written opinions and three were decided per curiam. What is noticeable, however, is that the three per curiam opinions were not one-pagers. Rather, in each instance the Supreme Court attached the corresponding…