Of course, concerns about GenAI and its impact on the courts extend beyond its use in preparation for litigation and the filing of legal documents. GenAI may be employed to affect substantive evidence, by, for example, altering recordings and footage to enhance sound or other features, or by fabricating evidence altogether. In the face of these concerns, what are trial courts to do?
Continue ReadingIt is time again to review the North Carolina Child Support Guidelines
N.C. Gen. Stat. 50-13.4 requires the North Carolina Conference of Chief District Court Judges to prescribe uniform statewide presumptive guidelines for determining the child support obligations of parents, and it requires that the chief judges review the guidelines periodically (at least once every four years) to determine whether their application results in appropriate child support orders. The Conference of Chief District Court Judges currently is reviewing the statewide presumptive child support guidelines.
Continue ReadingRule 5 Service: What Practitioners Need to Know
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 for the Superior and District Courts (“General Rules of Practice”) now require electronic filing and service of documents in civil litigation statewide. This post identifies what litigants need to know about service.
Continue ReadingAgree to Disagree: Appointment of an Umpire by the Magistrate
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 of liability because the other driver was clearly at fault. Fortunately, her insurance company did not dispute the amount of damage to my vehicle, but such agreement on damage is not always the case. When the claimant and the insurance company fail to agree as to the difference in the fair market value of the vehicle immediately before and after the accident, the appraisers get to work. However, sometimes even the appraisers cannot agree on the value, so a third appraiser is needed to serve as an umpire. When the appraisers are unable to select an umpire, a magistrate may then receive a request from either the claimant or the insurer for the appointment of an umpire pursuant to G.S. 20-279.21(d1). This post will explore how a magistrate handles such a request.
Continue ReadingCelebrating John Rubin’s Contribution to Public Defense
Today, we want to highlight one of the people who truly brings the School of Government’s mission to life. After more than 30 years of service to the UNC School of Government, Professor John Rubin is retiring. He leaves an extraordinary legacy as a revered teacher, trusted advisor, renowned author, and mentor. As the first faculty member to work on public defense in North Carolina, John created the Public Defense Education program.
Continue ReadingCivil Domestic Violence Protective Orders: Recent appellate opinions addressing the duration of orders and defining “mutual” orders
The North Carolina Court of Appeals has issued opinions recently that address two important issues relating to Chapter 50B DVPOs, the effect of repeated continuances of an ex parte order on the duration of the final DVPO, and the additional findings required when the trial court enters “mutual” DVPOs.
Effect of continuances of ex parte orders on the duration of the final DVPO
Continue ReadingThe 2025 Abuse, Neglect, Dependency – TPR Manual and Updated “Candyland” Are Here with a Bonus Bulletin on Rule 17 GALs in Juvenile Cases
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.
- 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!
Continue ReadingThe Elective Share, Part Two–How to Claim It
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.
Continue ReadingNew Bulletin on Delinquency Jurisdiction over Juveniles and their Parents, Guardians, and Custodians
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
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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