Appellate Practice Exam Guide
Appellate Practice Exam Structure
- The appellate practice exam is offered at the North Carolina State Bar building (ExamSoft Remote Proctoring available upon request).
- Three hours long (two 90-minute modules).
- Followed by a take home exam [with brief writing and error correction components] that will be due approximately ten days later.
- Exam sessions will begin around 8 AM and finish at approximately 12 PM.
- Each applicant is responsible for providing their own copy of:
- North Carolina Rules of Court Volume I - State
- North Carolina Rules of Court Volume II - Federal
- Federal Civil Judicial Procedures and Rules
Tabs allowed, but no handwritten notes. Supplemental materials are available for download below and will also be provided in printed form for use during the exam administration. Please check back for any additional materials prior to the exam.
Morning Module 1
- 30 multiple choice questions worth 5 points each.
Morning Module 2
- Three essay questions worth 50 points each.
- Some selection involved in choosing which questions to answer.
Appellate Practice Exam Topics for Modules 1 and 2
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All exam questions are allocated “points” and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved, and correct application of those principles. Full or partial credit may be given.
Take-Home Exam – Brief Writing and Error Correction
- Upon completion of the morning exam, examinees will be given the take-home exam.
- Examinees will have approximately ten days to complete and submit the take home exam.
Subject Matter
The examination shall cover the applicant’s knowledge and application of the following:
(A) The North Carolina Rules of Appellate Procedure;
(B) North Carolina General Statutes relating to appeals;
(C) The Federal Rules of Appellate Procedure;
(D) Federal statutes relating to appeals;
(E) The Local Rules and Internal Operating Procedures of the United States Court of Appeals for the Fourth Circuit;
(F) The Rules of the United States Supreme Court;
(G) Brief writing;
(H) Oral argument; and
(I) Principles of appellate jurisdiction.
Appellate Practice Legal Education Resources
Getting Straight A’s: Aids, Accessible Applications, Advice and Approaches to Advocacy (LIVE)
CLE courses from previous years are available to download/view online from the NCBA’s On Demand Menu. Those courses include, but are not limited to, the following:
Appellate Lawyering in Context (2022 Appellate Practice Section Program)
Appellant and Appellee Briefs: Writing Tips from the Criminal Context for All Appellate Lawyers
Inside Appeals: Expert Advice to Improve Appellate Practice
Selected from 2018 Appellate Practice Section Annual Meeting, September 28, 2018
Effective Brief-Writing in the Digital Age
Selected from 2017 Appellate Practice Section Annual Meeting, September 15, 2017
Interlocutory Appeals: When and How to Get Your Interlocutory Order Heard on Appeal
Selected from 2017 Joint Appellate Practice and Litigation Program, March 24, 2017
Recent Changes in North Carolina Appellate Process and Procedure
Selected from 2017 Joint Appellate Practice and Litigation Program, March 24, 2017
Two-Level Chess: The Authority of Trial and Appellate Courts After a Notice of Appeal
Selected from 2017 Joint Appellate Practice and Litigation Program, March 24, 2017
Appellate Pitfalls in the North Carolina Business Court and in Complex Business Disputes
Selected from 2017 Antitrust and Complex Business Disputes Law Section Annual Meeting, February 16, 2017
Tips for Oral Argument for Appeals
Selected from 2016 Appellate Practice Section Annual Meeting, September 30, 2016
Finally, the manuscript from Improving Your Appellate Practice: Gateway to Specialization (2011), is highly recommended for review. Please contact Denise Mullen at dmullen@ncbar.gov to receive an electronic copy.