North Carolina Court of Appeals: Unpublished Opinions Citable Under Rule 30(e)(3)

• The North Carolina Court of Appeals issued an unpublished opinion in M.S., T.O. on August 5, 2026.
• Unpublished opinions are not controlling legal authority but can be cited under Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
• Citation is disfavored but permitted for purposes of establishing claim preclusion, issue preclusion, or the law of the case, or if a party believes the unpublished opinion has precedential value to a material issue and no published opinion would serve as well.

Although the opinion is not considered controlling legal authority, it can be cited under specific circumstances.

On August 5, 2026, the North Carolina Court of Appeals issued an unpublished opinion in a case involving Mecklenburg County. The decision was made in the matter of M.S., T.O. Although the opinion is not considered controlling legal authority, it can be cited under specific circumstances. According to Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure, citation of unpublished opinions is disfavored but may be permitted for purposes of establishing claim preclusion, issue preclusion, or the law of the case, or if a party believes the unpublished opinion has precedential value to a material issue and no published opinion would serve as well. This provision highlights the nuanced approach to unpublished opinions in North Carolina's appellate procedure.

The North Carolina Court of Appeals' decision is guided by the state's rules of appellate procedure, which outline the treatment of unpublished opinions. Rule 30(e)(3) provides a framework for citing these decisions, emphasizing the importance of context and fairness in applying them to future cases, allowing citation for purposes of establishing claim preclusion, issue preclusion, or the law of the case, or if a party believes the unpublished opinion has precedential value to a material issue and no published opinion would serve as well. This rule reflects a balance between the value of unpublished opinions as precedents and the need to maintain their non-controlling status. The North Carolina Court of Appeals' opinion in M.S., T.O. is a prime example of this balancing act.

Lawyers practicing in North Carolina should be aware that while unpublished opinions are generally not binding, they can still play a significant role in shaping the law. The ability to cite these decisions under Rule 30(e)(3) underscores their potential impact on future cases. By understanding and applying this rule effectively, attorneys can ensure that justice is served and the integrity of the legal system is maintained. As the North Carolina Court of Appeals continues to issue unpublished opinions, it is essential for lawyers to stay informed about these decisions and their implications.

Lawyers should note that while unpublished opinions are generally not controlling authority, they may be cited in accordance with Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Source: Original reporting via North Carolina Court of Appeals