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Effective beginning with offenses committed on or after December 1, 2025, Part V. of Session law 2023-114 significantly revised North Carolina’s law governing capacity to proceed in delinquency cases. The […]
Welcome to part three 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 […]
Expedited Removal of Occupants After the Owner Dies In my last post, I focused on issues that arise in summary ejectment when either the tenant or the landlord dies. This […]
I recently received a question about whether and how the Indian Child Welfare Act (ICWA) applies to an infant who is safely surrendered. The short answer is ICWA applies to […]
Among the Juvenile Code provisions that distinguish juvenile delinquency cases from criminal cases are the statutes that explicitly tie mental health assessments and access to mental health treatment to the […]
North Carolina clerks of superior court are unique in their role as judicial officers. Unlike clerks in other states, the clerk’s role in North Carolina extends beyond record-keeper and administrator. […]
When a person is aggrieved by an agency action, they have the right to seek relief. Following the proper procedure to obtain that relief can be complicated.
“I see dead people.” Readers may recall the 1999 film, The Sixth Sense, because of its shocking conclusion that Bruce Willis’s character was in fact one of the dead people […]
One of the unique aspects of juvenile delinquency procedure is the intake and evaluation process. This mandatory process precedes commencement of a delinquency court action and determines if an initial […]
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 […]