Timing of New Reply Brief Rule Still Causing Confusion
No one wants to have her reply brief stricken as untimely. But this is a problem easily avoided, right? Open up your N.C. Rules of Court book to Appellate Rule 28(h) and be sure to file within the...
View ArticleReply Briefs: Who Has the Final Word?
The North Carolina Rules of Appellate Procedure were changed in 2013 to provide an appellant with a guaranteed right to a reply brief, whereas earlier versions of the Rules allowed a reply brief only...
View ArticleGive The Court Notice Of Additional Authority, But Not Much More
When you are waiting on an decision from the North Carolina Court of Appeals, if you are like me, you anxiously scour the new opinions every other Tuesday morning. And on such occasions, the next best...
View ArticleProving Appellate Jurisdiction: Do Not Put Off Until Tomorrow What You Can Do...
Last year, my colleague Kip Nelson warned about the risks of failing to provide a fulsome “statement of the grounds for appellate review” in an appellant’s brief, as required by N.C. R. App. P....
View ArticleWhen Do Appellate Rules Violations Rise To The Level Of Jurisdictional...
The Supreme Court stated in Dogwood v. White Oak, 362 N.C. 191, 657 S.E.2d 361 (2008), that noncompliance with nonjurisdictional rules normally should not lead to the dismissal of an appeal. The...
View Article
