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An Unpublished Opinion of the North Carolina Court of Appeals Does Not Constitute Controlling Ic Nc Form
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People also ask
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Can you cite unpublished opinions in North Carolina?
When citing an unpublished opinion, a party must indicate the opinion's unpublished status. (4) Counsel of record and pro se parties of record may move for publication of an unpublished opinion, citing reasons based on Rule 30(e)(1) and serving a copy of the motion upon all other counsel and pro se parties of record.
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What is Rule 37 NC Rules of appellate Procedure?
Rule 37 - Motions in Appellate Courts (a)Time; Content of Motions; Response. An application to a court of the appellate division for an order or for other relief available under these rules may be made by filing a motion for such order or other relief with the clerk of the court, with service on all other parties.
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Are unpublished opinions binding?
Unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority.
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Can you cite unpublished ninth circuit opinions?
Ninth Circuit Federal Court of Appeals Rule 36-3(c). These rules only govern federal appeals courts, and only allow citation of unpublished federal opinions issued after January 1, 2007 in federal court cases.
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What is the Rule 11 of the NC rules of appellate Procedure?
The judge shall settle the record on appeal by order entered not more than twenty days after service of the request for hearing upon the judge. If requested, the judge shall return the record items submitted for reference during the judicial-settlement process with the order settling the record on appeal.
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Can an unpublished opinion be cited?
(a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.
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Can unpublished opinions be cited as authority?
(a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action.
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How to cite North Carolina cases?
Case Citations to Official Reporters A basic case citation contains the following elements: (1) the case name, (2) the reporter volume number, (3) the abbreviation for the reporter, (4) the page number in the reporter on which the case begins, and (5) the date of the decision. North Carolina Supreme Court: King v.
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