Articles in the Civil Procedure-General category

In this post from 2015, https://civil.sog.unc.edu/servicemembers-civil-relief-act-applies-to-family-cases-too/, I wrote about the first appellate opinion in North Carolina to address the requirements of the Servicemembers’ Civil Relief Act, now codified at 50 […]

North Carolina has launched eCourts in all 100 counties and the North Carolina Business Court. Related changes to the North Carolina Rules of Civil Procedure and General Rules of Practice […]

I have written before about entry of default and default judgments under G.S. 1A-1, Rule 55. My colleagues have also written about general appearances. But the word “appearance” in the […]

When a defendant fails to answer a complaint, the plaintiff can seek default judgment. Default judgment is a two-step process governed by G.S. 1A-1, Rule 55. Step one: the plaintiff […]

Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action […]

When a party is sued, they often want to make the lawsuit go away. One of the most common ways of attempting to get rid of a lawsuit is a […]

Our justice system depends on due process: the idea that legal proceedings follow established rules and individuals are protected from arbitrary acts of the government. One kind of due process, […]

Trial court judgments in bench trials must contain findings of fact and conclusions of law. Orders disposing of motions, on the other hand, normally only need findings and conclusions if […]

Civil orders and judgments frequently are not entered immediately upon the conclusion of an evidentiary trial or hearing; judges often need time to consider complicated or extensive evidence to decide […]

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 […]