Articles in the Civil Law category

Several summers ago, I was stuck in Myrtle Beach traffic when the car behind me failed to stop in time, and her bumper met my bumper. There was no question […]

A common conundrum for law enforcement, judicial officials, and citizens is how to remove an occupant from residential property when the occupant is not a tenant. If the occupant is […]

UPDATE: On October 11, 2024, the Chief Justice of the North Carolina Supreme Court issued an additional emergency directive order under G.S. 7A-39(b)(1) extending relief for certain weather-affected counties in Western North Carolina (the “Extension Order”).  The Extension Order extends the order issued September 29, 2024 (as amended September 30, 2024) for the following 13 counties: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey. The emergency directives contained in the Extension Order become effective October 15, 2024, and expire on October 28, 2024.

There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost their loved ones; lost their homes; and have no power, water, cell phone or internet service. Towns are destroyed. Roads and bridges are gone. Although the news has focused on the larger western counties, cities and towns in smaller counties are also severely impacted. In these smaller communities, the full extent of the devastation is unknown because of the inability to access them. Some counties and towns are completely cut off, having to rely on helicopter drops for supplies. Trying to connect with family and loved ones there is almost impossible. Words simply cannot convey the devastation and loss. If you want to try to help, Blue Ridge Public Radio posted a list of organizations and needs: https://www.bpr.org/bpr-news/2024-09-28/list-ways-to-donate-and-help-flood-victims-in-western-north-carolina-after-hurricane-helene

Although Helene has stopped what is considered normal everyday life for almost a third of our counties, business in the state – including court business –has not stopped its daily routine. Yesterday, Chief Justice Newby issued an Order, effective September 30^th, and amended September 30th, attempting to relieve some of that pressure in effected areas and address the catastrophic conditions in our western North Carolina counties. The Order extends “the time and periods of limitation for filing and of acts due to be done in the following counties:”

Magistrates from around the state report to me that summary ejectment actions involving public housing authorities seem to be on the rise. In North Carolina, summary ejectment is the judicial […]

Recently, I had the pleasure of teaching “Introduction to Small Claims Court” to a group of magistrates who turned out to be actors in disguise. The course culminated in a […]

It is not uncommon for me to answer calls from judicial officials grappling with breach of contract cases where the official believes there has likely been a breach, but they […]

This blog post considers yet another aspect of personal jurisdiction, or the authority of a court over the parties before it. One of the elements of personal jurisdiction is effective […]

Service of process—service of the documents initiating a civil lawsuit—is a frequent issue of concern for judicial officials and practitioners. Typically, we are concerned about service of process because it […]

Although the vocabulary of preclusion can be convoluted, the core concept is not: preclusion prevents relitigation of matters that have already been decided. The doctrine is intended to protect both […]

In 2015, I wrote two blog posts summarizing the law relating to the use of contempt to enforce orders to pay support. No Default Judgment in Contempt (May 1, 2015) and Contempt: Establishing Ability to Pay (May 8, 2015). Recent appellate opinions justify revisiting this topic.

READ POST "No Contempt for the Nonpayment of Money Without Actual Evidence of Ability to Pay (December 5, 2018)"