General

If you’ve been practicing in North Carolina long enough, you have undoubtedly encountered this fact pattern: 

  • A judge issues a ruling from the bench and asks the prevailing party to draft the order. 
  • The prevailing party adds a few flourishes to the proposed order that go beyond the orally rendered ruling.  (Or, worse still, the

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Effective July 1, 2025, Code Section 17.1-403(ii)(c) expanded the CAV’s authority to dispense with oral argument. Before that date, the statute directed the Supreme Court to adopt rules allowing the CAV to dispense with oral argument “if the parties agree that oral argument is not necessary or if the panel has examined the briefs and…