Abstract:
In North Carolina the motion for appropriate relief (MAR) is a single, unified post-trial procedure for raising errors made during a criminal trial. Both defendants and the State are permitted to file MARs. One procedural issue that arises in connection with MARs is whether they can be resolved on the filed papers or whether hearings are necessary or required. This bulletin addresses that issue, setting out the law governing when a hearing is required on a MAR and discussing the related issue of the showing the movant must make to succeed on a MAR.