I am often called upon to answer questions related to pending appeals because I recently completed a clerkship at the Court of Appeals of North Carolina. When asked how long it will take the Court of Appeals to issue an opinion, I always say it is impossible to know with certainty, but the court has an internal policy of trying to issue opinions within 90 days of the date the appeal is scheduled for argument. After being involved in an appeal as an advocate, I decided to determine how long it takes the court to issue opinions.
First, I calculated the number of days it took the Court of Appeals to issue opinions in 2015 by counting the days from the date the appeal was scheduled for argument (regardless of whether oral argument was granted) until the date the opinion was issued. Not all appeals have an argument date. For example, some opinions are issued after the Supreme Court of North Carolina remands the case or after the Court of Appeals grants a party’s petition for rehearing. If the appeal was not argued, I treated the date that the appeal was remanded or the date the petition for rehearing was granted as the argument date.
Based on this methodology, I determined that the court issued opinions an average of 77 days after argument in 2015. The median was 62 days.
https://www.ncbarblog.com/wp-content/uploads/2016/08/Aug-3-Waiting-Cover-Art-4.jpg15002817NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-08-03 15:15:002016-08-03 15:15:00Waiting Game: How Long Does It Take the N.C. Court Of Appeals To Issue Opinions?
Editor’s note: This article appeared originally in The Advocate, the newsletter of the NCBA’s Young Lawyers Division.
When The Advocate asked me to write an article about helpful tips for having an effective mediation, I took some time to reflect on how my personal preparation and tactics for mediation have changed over the last 20-some years. Civil litigation/mediation slowly but surely morphed from a passive “Well, let’s show up and see if we can settle at mediation” attitude, to an active “What do we need to do prior to mediation to secure a favorable settlement?”
Fundamentally, your client cares little about litigation drama. Your client cares about getting a good result that is cost effective and timely. Mediation can deliver all of that in spades. But, like almost anything in life, getting there takes some work and prior planning. Several hours of careful thought, strategy and planning about 60 days prior to a mediation will greatly increase the chances of having a successful mediation.
https://www.ncbarblog.com/wp-content/uploads/2016/02/head-header.jpg5001140NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-07-28 14:51:002016-07-28 14:51:00Prepping For Mediation: Practice Tips for Young Litigators
Richard Gabriel, a member of the NCBA’s International Law & Practice Section and frequent participant in the attorney exchange program, reflects on the 2010 excursion to Turkey in light of the recent terrorist attack at the Istanbul Atatürk Airport.
The world seems different at night, in the absence of the brightness of the daytime. So it was, late at night, not resting, up to grab a book and turn on the TV, sound muted out of respect for those asleep. Then the vision on the tube, eerily familiar, not really sure, and the crawler at the bottom of the screen announces yet again, a bombing at an airport.
The panic on the screen, all too familiar scenes of turmoil, fear, hurriedly hit the sound button, and then the realization: I have been there before, the airport at Istanbul, Turkey.
Thoughts come in a flood: Alp, were you there at the time of the explosion, meeting another group of visitors and preparing to show them your country?
https://www.ncbarblog.com/wp-content/uploads/2016/06/Delegation-2.jpg16923872NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2016-07-01 11:20:002016-07-01 11:20:00Cultural Exchange Missions: The Importance of Participation
Waiting Game: How Long Does It Take the N.C. Court Of Appeals To Issue Opinions?
Featured PostsI am often called upon to answer questions related to pending appeals because I recently completed a clerkship at the Court of Appeals of North Carolina. When asked how long it will take the Court of Appeals to issue an opinion, I always say it is impossible to know with certainty, but the court has an internal policy of trying to issue opinions within 90 days of the date the appeal is scheduled for argument. After being involved in an appeal as an advocate, I decided to determine how long it takes the court to issue opinions.
First, I calculated the number of days it took the Court of Appeals to issue opinions in 2015 by counting the days from the date the appeal was scheduled for argument (regardless of whether oral argument was granted) until the date the opinion was issued. Not all appeals have an argument date. For example, some opinions are issued after the Supreme Court of North Carolina remands the case or after the Court of Appeals grants a party’s petition for rehearing. If the appeal was not argued, I treated the date that the appeal was remanded or the date the petition for rehearing was granted as the argument date.
Based on this methodology, I determined that the court issued opinions an average of 77 days after argument in 2015. The median was 62 days.
Read more
Prepping For Mediation: Practice Tips for Young Litigators
Featured PostsEditor’s note: This article appeared originally in The Advocate, the newsletter of the NCBA’s Young Lawyers Division.
When The Advocate asked me to write an article about helpful tips for having an effective mediation, I took some time to reflect on how my personal preparation and tactics for mediation have changed over the last 20-some years. Civil litigation/mediation slowly but surely morphed from a passive “Well, let’s show up and see if we can settle at mediation” attitude, to an active “What do we need to do prior to mediation to secure a favorable settlement?”
Fundamentally, your client cares little about litigation drama. Your client cares about getting a good result that is cost effective and timely. Mediation can deliver all of that in spades. But, like almost anything in life, getting there takes some work and prior planning. Several hours of careful thought, strategy and planning about 60 days prior to a mediation will greatly increase the chances of having a successful mediation.
Read more
Cultural Exchange Missions: The Importance of Participation
Featured PostsThe world seems different at night, in the absence of the brightness of the daytime. So it was, late at night, not resting, up to grab a book and turn on the TV, sound muted out of respect for those asleep. Then the vision on the tube, eerily familiar, not really sure, and the crawler at the bottom of the screen announces yet again, a bombing at an airport.
The panic on the screen, all too familiar scenes of turmoil, fear, hurriedly hit the sound button, and then the realization: I have been there before, the airport at Istanbul, Turkey.
Thoughts come in a flood: Alp, were you there at the time of the explosion, meeting another group of visitors and preparing to show them your country?
Read more