A Typical Memorandum of Additional Authority
No. COA17-123 TWENTY-FOURTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
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[Plaintiff's Name as in Final Judgment or Order on Appeal], Plaintiff, | From Avery County |
v. | |
[Defendant's Name as in Final Judgment or Order on Appeal], Defendant. |
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PLAINTIFF-APPELLANT'S MEMORANDUM OF ADDITIONAL AUTHORITY
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Pursuant to Rule 28(g) of the North Carolina Rules of Appellate Procedure, Plaintiff-Appellant submits the following additional authority for the Court's consideration in the abovecaptioned case:
The cited cases concern the issue of standing. (See PlaintiffAppellant's Br. at 9-12) (Issue I).
Respectfully submitted, this ____ day of ________, 2023.
[LAW FIRM NAME, if any, and only if counsel is retained and not appointed]
Electronically submitted
______________________________
[Name of Counsel]
Attorney for Plaintiff-Appellant
160 N. Main Street
Newland, NC 28786
(828) 456-1245
State Bar No. 12345
lawyer@lawfirm.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing PLAINTIFF-APPELLANT'S MEMORANDUM OF ADDITIONAL AUTHORITY has been served this day by e-mail, addressed as follows:
[Names and e-mail addresses of counsel for all parties]
This the ____ day of _________, 2023.
Electronically submitted
_____________________________
[Name of Counsel]
Notes on the Memorandum of Additional Authority:
Pursuant to Rule 28(g), a memorandum of additional authority may be filed to bring to the court's attention authority not cited in the brief. A memorandum of additional authority should not include parenthetical summaries or quotes from the cases set out in the memorandum. State v. Cunningham, 140 N.C. App. 315, 317, 536 S.E.2d 341, 344 (2000). A memorandum of additional authority "may not be used as a reply brief or for additional argument, but shall simply state the issue to which the additional authority applies and provide a full citation of the authority." N.C. R. App. P. 28(g). Authorities not cited in the briefs or in a memorandum of additional authority may not be cited and discussed in oral argument. Id. It remains the best practice and the strong preference of the appellate courts for a memorandum of additional authority to be filed and served several days prior to a scheduled argument. Nevertheless, a memorandum of additional authority may also be filed and served after oral argument, where appropriate.