Articles in the Civil Procedure-General category - Page 6 of 7

“Get Cash for Your Structured Settlement Payments NOW!” “See What Your Structured Settlement Payments Can Do!” “Get the Cash You Need Now!” Ever see ads like these and wonder what […]

Way back when in 2011, there was a significant legislative overhaul of estate proceedings in North Carolina. See G.S. 28A-2-4 (defining estate proceedings).  With those changes, the primary statute governing the procedures for an estate proceeding is now G.S. 28A-2-6.  Subsection (e) of G.S. 28A-2-6 addresses the application of the NC Rules of Civil Procedure to estate proceedings. Each rule of civil procedure generally falls into one of three categories when it comes to estate proceedings before the clerk of superior court:

1. It applies (unless the clerk directs that it does not apply);
2. It does not apply (unless the clerk directs that it does apply); or
3. It is Rule 17.

See G.S. 28A-2-6(e).

First, Some Attorney Fee Basics. North Carolina generally follows the “American Rule” in requiring parties to civil litigation to be responsible for their own attorney fees: “It is well-established that […]

I promised to follow up my last post with a discussion of that little change in S.L. 2015-153 to G.S. 7A-314, the witness fee statute. First some background: General Statute […]

The General Assembly has amended the rule of procedure in civil cases for discovery of information about another party’s expert witness.  North Rule of Civil Procedure 26(b)(4) has largely been […]

Defendant fails to answer the complaint on time, so plaintiff seizes the moment and obtains default judgment.  A party does not understand a notice of hearing, fails to attend, and […]

In an earlier post, I talked about some of the deficiencies in a complaint that can prevent a party from taking advantage of the statute of limitations extension in Rule […]

GS 50-8 requires verification for a complaint requesting a divorce. What can be done if the divorce complaint is filed without a verification or if the verification is faulty in some way? Must the complaint be dismissed and a new action instituted – requiring another payment of the substantial filing fee?

READ POST "Can a verification problem be corrected after a divorce complaint is filed? (May 29, 2015)"

The “savings” provision of North Carolina Rule of Civil Procedure 41(a) can be a lifeline for a plaintiff who, for one reason or another, can’t proceed with its case the first time around. Rule 41(a)(1) allows a plaintiff to voluntarily dismiss its case without prejudice by giving notice of dismissal any time before it rests its case. Plaintiff may file the action again within one year, and the statute of limitations on its claim is extended for that refiling period. Rule 41(a)(1); North Carolina RR Co. v. Ferguson Build. Supp., Inc., 103 N.C. App. 768, 772–73 (1991). As generous as the savings provision is, it can be a tricky business. If done improperly or at the wrong time, a dismissal could doom a case rather than save it. Before giving notice of voluntary dismissal, heed the following reminders:

It is not uncommon for persons under 18 to commit acts of domestic violence or need protection from domestic violence. Common questions that arise include:

• Can a minor be a defendant in a 50B proceeding?
• If so, how is the child served and what happens when the child violates the DVPO?
• Can a minor be a plaintiff?
• Does a minor need to be a plaintiff to be protected by a DVPO?