On the Civil Side

A UNC School of Government Blog

https://civil.sog.unc.edu

  • The 2025 Abuse, Neglect, Dependency – TPR Manual and Updated “Candyland” Are Here with a Bonus Bulletin on Rule 17 GALs in Juvenile Cases

    This entry was contributed by Sara DePasquale on March 16, 2026 at 9:54 am and is filed under Child Welfare Law.

    On behalf of myself and my colleagues, we are excited to announce the availability of three new resources addressing abuse, neglect, dependency (A/N/D), and termination of parental rights (TPR) proceedings. We hope these resources assist you in your work, which we know is challenging.

    1. Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina (2025 ed), by Sara DePasquale and Caitlin Little

    The 2025 edition of the A/N/D Manual is now available at no charge on the SOG website on its own microsite (or landing page). This edition, which has a green cover, replaces the 2023 (orange cover) edition and is current through December 31, 2025. This new edition includes 89 new appellate opinions, the numerous and significant legislative changes that were made impacting child welfare, as well as changes made on the federal level – all since January 1, 2023. Please stop using your orange (or even older) edition, as it is outdated. Embrace the green!

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  • The Elective Share, Part Two–How to Claim It

    This entry was contributed by Catherine Wilson on March 6, 2026 at 2:33 pm and is filed under Estates.

    Welcome to part two of my series on North Carolina’s elective share. In part one of this series, we discussed what the elective share is and how it works to prevent a surviving spouse from being disinherited. In this part, we will delve into the process of filing a claim for elective share, highlighting the changes to G.S. 30-3.4 that went into effect on January 1, 2026 as a result of Session Law 2025-33, Part X.

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  • New Bulletin on Delinquency Jurisdiction over Juveniles and their Parents, Guardians, and Custodians

    This entry was contributed by Jacquelyn Greene on February 24, 2026 at 9:38 am and is filed under Jurisdiction, Juvenile Justice, Juvenile Law.

    I am happy to share a new resource with you: Delinquency Law: Original Juvenile Jurisdiction and Juvenile Jurisdiction over Parents, Guardians, and Custodians. This new Juvenile Law Bulletin (1) describes the current law of original juvenile jurisdiction; (2) provides a guide to the law of original juvenile jurisdiction based on offense dates between 2019 and 2024; and (3) describes juvenile jurisdiction over parents, guardians, and custodians of juvenile respondents in delinquency proceedings. Selected highlights from the Bulletin are provided below. Continue Reading

  • Answers, Appearances, and General Appearances: Important Distinctions for Avoiding Default

    This entry was contributed by Joseph Laizure on February 17, 2026 at 1:49 pm and is filed under Civil Procedure-General.

    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 default judgment context can be perplexing, so this post aims to untangle this and other often-confused terms.

    For simplicity, this post will refer to the party seeking default judgment as the plaintiff and the party against whom default has been entered as the defendant, but defendants can also seek default judgments against plaintiffs on counterclaims. Rule 55(e).

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  • From the Street to the Courtroom: The Magistrate’s Role in Post-Towing Hearings

    This entry was contributed by Melanie Crenshaw on February 13, 2026 at 10:38 am and is filed under Uncategorized.

    Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.

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  • Congratulations to Newly Certified Magistrates

    This entry was contributed by Melanie Crenshaw on February 11, 2026 at 9:00 am and is filed under Uncategorized.

    Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best parts of my job is the opportunity to train magistrates in their civil law duties.

    Magistrates must complete 12 hours of training each year, which includes annual instruction in seven required subjects. They include (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal processes, (4) issuing search warrants, (5) technology, (6) orders of protection, and (7) summary ejectment laws. GS 7A-177.

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  • Discovery in Delinquency Cases

    This entry was contributed by Jacquelyn Greene on January 27, 2026 at 9:11 am and is filed under Juvenile Justice, Juvenile Law.

    The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not address the constitutional obligation for disclosure of certain exculpatory evidence under the standard established in Brady v. Maryland, 83 S.Ct. 1194 (1963). This post explains both the statutory framework for and constitutional obligation regarding discovery in delinquency cases. Continue Reading

  • The Elective Share – What is It?

    This entry was contributed by Catherine Wilson on January 23, 2026 at 6:13 pm and is filed under Estates.

    This blog post will be the first in a three-part series on North Carolina’s elective share law. The first post will review what an elective share is and how it works, and the second and third posts will focus on recent updates to the elective share statute that became effective on January 1, 2026 pursuant to Session Law 2025-33, Part X. Those subsequent blog posts will focus on procedural changes and updates to valuation rules.

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  • The Lumbee Tribe of NC Is Fully Federally Recognized; ICWA Now Applies in A/N/D and TPR Actions for Indian Children Affiliated with the Lumbee

    This entry was contributed by Sara DePasquale on January 16, 2026 at 9:47 am and is filed under Child Welfare Law.

    The Lumbee Tribe of North Carolina (Lumbee) has received full federal recognition through the Lumbee Fairness Act, which was included in the National Defense Authorization Act. The law was signed by the President, granting full federal recognition to the Lumbee on December 18, 2025. This is an extraordinary time for the Lumbee, who will have access to services and resources (such as support with education, health care, and housing) from the Bureau of Indian Affairs (BIA) as well as the right to self-governance.

    One immediate change is the application of the Indian Child Welfare Act (ICWA) to the Lumbee. This change impacts abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) action. (It also impacts all adoptions of minors (including stepparent adoptions but that is beyond the scope of this post)

    There are additional protections ICWA provides in A/N/D and TPR proceedings when an Indian child is involved. An Indian child now includes a juvenile who is either (1) a member of the Lumbee or (2) eligible for membership with the Lumbee and who have a biological parent who is a member of a fully federally recognized Indian tribe. See 25 U.S.C. 1903(4) & 25 C.F.R. 23.2 (definition of “Indian child”). There are new steps the court and participants must follow when an Indian child who is affiliated with the Lumbee is the subject of the suit. Although these changes are effective now (and started on December 18, 2025), this is a time of significant transition for the Lumbee, where procedures and policies are being created and implemented. Continue Reading

  • Chapter 35A GALs and Access to Records Held by Third Parties

    This entry was contributed by Timothy Heinle on January 9, 2026 at 1:09 pm and is filed under Guardianship, Incompetency.

    When an incompetency proceeding is filed pursuant to Chapter 35A of the North Carolina General Statutes (“Ch. 35A”) alleging that an adult is incompetent, that adult—known as the respondent in the proceeding—is entitled to be represented by counsel of their own choosing or by an attorney who is appointed as the respondent’s guardian ad litem (“GAL”). G.S. 35A-1107. To fulfill their duties, GALs may need access to records held by third parties, including, for example, medical and mental health providers. Common misconceptions exist, however, about a Ch. 35A GAL’s authority to obtain access to such records, and GALs must be mindful of any applicable legal requirements and their professional and ethical duties as licensed attorneys in North Carolina. The types of records and the corresponding confidentiality and disclosure requirements for each are too vast to fully explore here. Instead, this post examines the authority of the GAL to access records held by third parties generally and offers a framework for navigating these issues.

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