North Carolina Court of Appeals: Issues Unpublished Opinion in E.S., A.W., B.W., C.W. Case

The North Carolina Court of Appeals has issued a series of unpublished opinions, each noting that an unpublished opinion does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

These decisions are significant for practitioners as they highlight the importance of understanding the rules governing citation and the limitations of unpublished opinions. In North Carolina, unpublished opinions are not binding on lower courts, and their use is generally discouraged. However, there may be circumstances where citation to an unpublished opinion is permitted, such as when it is necessary to provide context or background information.

The relevant statutes and regulations involved in these decisions include the North Carolina Rules of Appellate Procedure, specifically Rule 30(e)(3), which governs the use of unpublished opinions. The court hierarchy in North Carolina includes the Supreme Court, the Court of Appeals, and the trial courts, with the Court of Appeals being the intermediate appellate court.

The key parties involved in these decisions are the North Carolina Court of Appeals and the litigants who were parties to the underlying cases. Practitioners should be aware that while unpublished opinions may not be binding, they can still provide valuable guidance on the application of the law in specific circumstances. As such, attorneys should carefully review the rules governing citation and the limitations of unpublished opinions when considering whether to cite to these decisions.