The North Carolina Court of Appeals

8,750 Words Is All It Takes, After All?
    05/06/2014   Appellate Procedure, Potential Pitfalls

I wrote in this earlier post that O’Neal v. O’Neal, 738 S.E.2d 190 (2013) may have created a new hurdle for the appellants in North Carolina. The North Carolina Court of Appeals in O’Neal criticized the Appellant’s attempt to challenge the trial court’s findings of fact. Ultimately, the Court of Appeals even refused to review that challenge to the findings of fact. That was unexpected because the Appellant in O’Neal had taken all the ordinary steps to accomplish her challenge. In her Issues on Appeal, she listed the offending findings by number; in her Brief-in-Chief, she listed the findings by number…

Business Records Do Not Need to Speak Through The Microphone
    12/21/2013   Introducing Records, Rules of Evidence

Do you need to introduce business records—bank statements, company business journals, diary of a call-girl with her clients’ names and charges, records of the daily weight-checks for the tiger cubs in Dream World, list of tardies that the child’s school keeps? Do you wake up in the middle of the night wondering whether to subpoena the custodian of—as Rule 803(6) puts it— memorandum, report, record, or data compilation kept in the course of a regularly conducted business activity of a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit? Good news: the North Carolina Court…

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