On the Civil Side

A UNC School of Government Blog

https://civil.sog.unc.edu

  • 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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  • The School Is Hiring Multiple Positions as 2025 Comes to a Close: Family Law Faculty, Research Attorney, Local Government Law Fellow

    This entry was contributed by Sara DePasquale on December 17, 2025 at 11:20 am and is filed under Uncategorized.

    The end of the year is nearing, and you may be one of those individuals who like to look back and reflect on your year and decide what you’d like to continue and what you’d like to change moving forward. One thing you may want to consider is joining the School of Government. We are hiring for three positions:

    • Assistant Professor of Family Law,
    • Legal Research Associate, and
    • Local Government Law Fellow.

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  • An Update on North Carolina’s Good Samaritan Harm Reduction Law

    This entry was contributed by Phil Dixon on December 11, 2025 at 9:00 am and is filed under Uncategorized.

    In an earlier blog post, I summarized North Carolina’s harm reduction immunity laws, including our safe syringe exchange law, G.S. 90-113.27, our Good Samaritan law, G.S. 90-96.2, and others.  As practitioners may know, our Good Samaritan law was enacted in 2013. Since then, the General Assembly broadened the scope of the law, and we have a new appellate case discussing when the law applies. As practitioners may know, the Good Samaritan law can provide limited immunity from prosecution for a person calling to report a drug overdose and the person overdosing. This post lays out the current state of the Good Samaritan law and offers advice on how to litigate and preserve arguments under the law.

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  • Navigating North Carolina’s New Expedited Removal Law

    This entry was contributed by Melanie Crenshaw on December 10, 2025 at 9:00 am and is filed under Civil Law, Small Claims Law.

    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 a tenant, even one holding over after the expiration of the lease, the law is clear that the property owner is required to evict the tenant, using the judicial procedure of summary ejectment if the tenant refuses to vacate the property. When it is not clear whether the occupant is a tenant or a trespasser, law enforcement may hesitate to arrest the occupant for trespass, especially if the occupant argues that the property is their residence. Sometimes, a law enforcement officer may instruct the property owner to file a criminal complaint with the magistrate for the issuance of criminal charges for trespass or other applicable crimes. Sometimes, the officer may instruct the property owner to file an action for summary ejectment, only for the property owner to learn in small claims court that this remedy is not available in situations where there is no landlord-tenant relationship.

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  • When Should an Entry of Default Be Set Aside?

    This entry was contributed by Joseph Laizure on December 3, 2025 at 10:33 am and is filed under Civil Procedure-General.

    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 moves the clerk of superior court to enter default against the defendant. Step two: the plaintiff moves the court to enter default judgment. Sometimes litigants confuse these two steps so it pays to read Rule 55 and the case law interpreting it carefully. For a complete discussion of procedure under Rule 55 in North Carolina, see the Superior Court Judges’ Benchbook.

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  • 2025 Delinquency Law Changes

    This entry was contributed by Jacquelyn Greene on November 25, 2025 at 8:42 am and is filed under Juvenile Justice, Juvenile Law.

    The 2025 legislative session resulted in a small number of changes to the laws that govern delinquency proceedings. They include extended terms of probation and post-release supervision in some cases, prosecutorial authority to file a motion for review, a new requirement for hearings to terminate probation for cases in which there is a victim, and technical changes to conform school notification requirements. Continue Reading

  • Anatomy of a Judgment Form: Summary Ejectment

    This entry was contributed by Melanie Crenshaw on November 12, 2025 at 9:00 am and is filed under Small Claims Law.

    In my last post, I dissected the form Judgment for Actions to Recover Money or Personal Property, AOC-CVM-400. This post will focus on AOC-CVM-401, Judgment in Action for Summary Ejectment, the form used in evictions. During a recent session at the Fall Magistrates’ Conference, there were some lively exchanges about the practicalities around rendering judgments when the magistrate has a courtroom full of people waiting to be heard and a stack of judgments to enter electronically. The discussion centered on amendments to G.S. 7A-224 and G.S. 7A-228, which became effective October 1, 2025, affecting the rendition and entry of judgments in small claims. In light of the changes to the law, now seems like a good time to talk about the rendition, entry, and service of magistrates’ judgments. So, make sure you have AOC-CVM-401 handy, and let’s explore the contents of the form and the importance of rendering and entering judgments at the end of the hearing.

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  • Family Law Legislation Effective On or Before October 1, 2025

    This entry was contributed by Cheryl Howell on November 5, 2025 at 9:00 am and is filed under Family Law.

    The North Carolina General Assembly recently addressed family law issues in several pieces of legislation. This post addresses legislation effective on or before October 1, 2025. Changes effective on later dates will be addressed in subsequent posts.

     

    Child Support

    Accrual of child support arrears and DSS custody.

     S.L. 2025-16, sec. 1.21.(a).

     Amends G.S. 50-13.10 (which governs establishment and modification of past due child support) to include subdivision (5), to provide that a child support payment is not past due and no arrears accrue for foster care assistance that is owed to the state by the supporting party during any period when the child is in DSS custody.

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  • Trends in Delinquency Complaints and Juvenile Detention Utilization

    This entry was contributed by Jacquelyn Greene on October 28, 2025 at 8:42 am and is filed under Juvenile Justice.

    The 2024 Annual Report issued by the North Carolina Division of Juvenile Justice and Delinquency Prevention (DJJDP) includes descriptive information related to the processing of cases in the juvenile justice system and the use of facilities that serve juveniles.  Highlights include a notable increase in motor vehicle-related property offenses and increased demand for capacity in juvenile detention facilities. This post explores these highlights. All the data included below comes from the 2024 Annual Report unless otherwise noted. Continue Reading

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