North Carolina Court of Appeals: Unpublished Opinions Carry Limited Authority

• The North Carolina Court of Appeals issued an unpublished opinion in Van Den Akker v. Buford, highlighting the limitations of citing such opinions.
• Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure governs the citation of unpublished opinions, permitting it under certain circumstances.
• Lawyers should exercise caution when relying on unpublished opinions from the North Carolina Court of Appeals to avoid potential compliance risks for clients.

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.

A recent case from the North Carolina Court of Appeals serves as a reminder to lawyers about the limitations and potential risks associated with citing unpublished opinions. The case, Van Den Akker v. Buford, involved a plaintiff who sought to use an unpublished opinion from the same court in support of their argument. However, the court's decision highlights the importance of understanding the nuances of North Carolina's appellate procedure rules.

The North Carolina Rules of Appellate Procedure govern the process for appealing decisions made by lower courts. Rule 30(e)(3) specifically addresses the citation of unpublished opinions, stating that while it is disfavored, it may be permitted under certain circumstances. This rule underscores the importance of carefully considering the relevance and authority of any opinion cited in a legal argument.

Lawyers should exercise caution when relying on unpublished opinions from the North Carolina Court of Appeals, as they may not establish controlling legal authority. This can potentially expose clients to compliance risks, making it essential for attorneys to carefully evaluate the relevance and weight of any opinion cited in a case. The Van Den Akker v. Buford decision serves as a reminder of the importance of adhering to established appellate procedure rules and guidelines.

Lawyers should be cautious when citing unpublished opinions from the North Carolina Court of Appeals, as they may not constitute controlling legal authority and could potentially expose clients to compliance risks.

Source: Original reporting via Van Den Akker v. Buford