At the stroke of midnight, North Carolina’s judiciary entered a new era, with many appellate justices and judges taking the oath office from their homes. This age-old changing of the guard included Chief Justice Paul Newby being sworn in as the 30th Chief Justice of the Supreme Court of North Carolina. While COVID has thrown
North Carolina
North Carolina Court of Appeals Has a New Chief Judge
The new year will bring many changes to our state appellate courts. Another big change was announced yesterday. With Court of Appeals Chief Judge Linda McGee retiring after over 25 years of service, Chief Justice Cheri Beasley has appointed Judge Donna Stroud as the new chief of our intermediate appellate court, effective January 1, 2021.…
North Carolina Court of Appeals Offers Free Appellate CLE Courses
Desperately searching for COVID-safe CLE hours? The North Carolina Court of Appeals is offering appellate continuing legal education courses until the end of February 2021. According to the Court’s press release, the on-demand video courses are available for free to licensed North Carolina attorneys seeking CLE credit, North Carolina paralegals seeking CPE credit, and the…
Appellate Practice Section Event: Justice Ginsburg Remembered
It is hard to believe that it has been three months since Justice Ginsburg passed away. The NCBA Appellate Practice Section invites you to attend a virtual presentation celebrating her life, achievements, and legacy. Join Dean Emerita Suzanne Reynolds as she leads a discussion among Ryan Park, Neil Siegel, and Ruthanne Deutsch about…
Big Transitions on the Horizon for North Carolina’s Appellate Courts
Over the weekend, the last undecided race for North Carolina’s appellate courts was resolved when Chief Justice Cheri Beasley conceded the race to Senior Associate—and Chief Justice-Elect—Paul Newby. The race was extraordinarily close, with Chief Justice-Elect Newby…
Proving Consent Was Not Informed Is Not So Easy for Medical Malpractice Plaintiffs
Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on the presumption over the plaintiff’s objections. In a win for providers everywhere, the Court rejected the plaintiff’s arguments that the presumption…
Universal Citations: Coming Soon to a Brief Near You
Precisely 364 days ago, Kip previewed the coming of universal citations. Twenty-eight days remain until universal citations assume a starring role in judicial opinions and briefs. And to help practitioners model their own trendsetting citations, the Supreme Court of North Carolina has released a Universal Citation factsheet.
Key features include (1) no longer needing the…
Always Read the Footnotes
There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them. See, e.g., https://www.legalwritingpro.com/articles/the-lowdown-on-footnotes/. Well, if you are one of those readers, then you would have missed a good footnote from an unpublished Fourth Circuit opinion issued on Monday. …
Like Sands Through the Hourglass: Supreme Court Revises Transcript-Related Rules
Those who have known me for any length of time know that for more than a decade I have really, really wanted the Supreme Court to give appellate practitioners clarification on how various transcript-related issues should work in practice. Today, the Supreme Court of North Carolina granted that wish by amending the North Carolina Rules…
Calling All Great Ideas
The Appellate Practice Section of the North Carolina Bar Association is planning its annual CLE for June 2021. The Section’s CLE committee is currently assembling the program for the CLE. In the interest of making the program as relevant and actionable as possible for members of the Section and the bar, the committee invites your…