Topic
Record on Appeal
21 published works
De Novo
What do you do when a document is missing from the record?
By Jay O'Keeffe
Every appellate CLE stresses the importance of reviewing the record as soon as possible, particularly if you are the appellant. This is especially important in state court because (1) you…
The Present and Ready Blog
Don’t be the case with a broken record.
There’s a certain excitement as a trial lawyer when your witness is on the stand, effectively using an exhibit to lay out your case. You can see the jury leaning…
De Novo
The Rule 5A:8(b)(4)(ii) Deathtrap
By Jay O'Keeffe
Every Tuesday, the Court of Appeals hands down its published and unpublished opinions. And every Tuesday, those unpublished opinions seem to include a least a case or two where the…
Appellate Advocacy Blog
May the record reflect…
By John Nielsen
On appeal, the record is your world. If it's not in there, it didn't happen in the appellate universe--even if it did happen in real life. Be sure you know…
Appellate and Supreme Court
How Can I Get a Copy of the Appellate Record?
[vc_row type="in_container" full_screen_row_position="middle" column_margin="default" scene_position="center" text_color="dark" text_align="left" overlay_strength="0.3" shape_divider_position="bottom" bg_image_animation="none"][vc_column column_padding="no-extra-padding" column_padding_position="all" background_color_opacity="1" background_hover_color_opacity="1" column_link_target="_self" column_shadow="none" column_border_radius="none" width="1/1" tablet_width_inherit="default" tablet_text_alignment="default" phone_text_alignment="default" overlay_strength="0.3" column_border_width="none" column_border_style="solid" bg_image_animation="none"][vc_column_text]When I started out, appellate records…
Tort Talk
Pennsylvania Superior Court Issues Cautions For Preserving Record and Issues for Appeal
In the case of Hassel v. Franzi, No. 2019 Pa. Super. 109 (Pa. Super. April 8, 2019 Stevens, P.J.E., Olson, J., Dubow, J.) (Op. by Stevens, P.J.E.), the Pennsylvania Superior…
North Carolina Appellate Practice Blog
Fire Sale: Goldenrod Yellow Paper
By Beth Scherer
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…
North Carolina Appellate Practice Blog
A Brief Reminder Regarding What to Include in the Record on Appeal
The North Carolina Court of Appeals recently issued an opinion that serves as a helpful reminder about what must be included in a record on appeal. In Burton Construction Cleanup…
North Carolina Appellate Practice Blog
More on the Incompleteness of a Record on Appeal
Recently we blogged about how the completeness, or lack thereof, of the record on appeal can be a deciding factor in the outcome of an appeal. See here, discussing State…
North Carolina Appellate Practice Blog
Between a Rock and a Hard Place: Court of Appeals Requires In Camera Materials Be Included in the Record on Appeal
What should you do if your client has documents that you contend should not be disclosed to the other side but the trial court orders their disclosure? What if the…