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In Lacey v. Kirk, (COA14-688; Dec. 31, 2014), the Court of Appeals considered whether a judge’s statements in the jury’s presence entitled defendant to a new trial. Defendant took issue with several things the judge said while defendant testified, including instructing her to “tell the truth” when she was evasive; that she had “a problem” if she couldn’t prove a point without hearsay; and to “answer the question first” before explaining. The court held that—considered cumulatively and in context—these comments were an attempt to aid the flow of evidence and were not prejudicial. Also, the judge’s instructions to counsel to move faster and avoid repetition “exhibited a certain degree of impatience” but were “meted out” to both sides and were appropriate to preserve court time. Lacey is a fresh example our courts’ basic analysis of judge statements in front of a jury: Neutrality is paramount, but context and cumulative impact determine whether questionable remarks taint a party’s case.

Incorporating a separation agreement has significant consequences. The contract becomes a court order. Contract remedies are no longer available but the contempt power of the court is. Some provisions become subject to modification, and remarriage and cohabitation will terminate spousal support provisions. Obviously an important decision, parties should think carefully about the pros and cons of incorporation before submitting their contract to the court.

But what if one party wants to incorporate and the other doesn’t? When can or should the court refuse to incorporate?Does it matter that the person objecting agreed to incorporation in the contract itself? What if the plaintiff requests incorporation in the divorce complaint and the defendant fails to file an Answer or show up for the hearing? Can the court incorporate?

READ POST "What’s the Law About Incorporating Separation Agreements? (February 6, 2015)"

Ask most any clerk of superior court in North Carolina and they will likely tell you that one of the highlights of their job is presiding over the finalization of adoptions.   However, the clerk’s role does not end upon entry of the final decree.  Within 10 days of the entry of the final decree, the clerk must transmit all of the original records filed in connection with the adoption (except the petition and final decree, of which only copies are sent) to the Division of Social Services of the North Carolina Department of Health and Human Services.  G.S. 48-9-102(d).  The Division is charged with permanently indexing and filing the papers received from the clerk.  G.S. 48-9-102(e).  Included in these documents is the original Report to Vital Records (DSS Form 1815) signed by the clerk.  Once the Division completes the indexing process, the Division sends the Report to the State Registrar and retains and seals the remaining documents from the adoption file.  G.S. 48-9-102(f).  The Report authorizes the State Registrar to issue a new birth certificate for the adoptive child with the child’s adoptive name and the names of the adoptive parents.

Although I work for Carolina, where basketball reigns supreme, it is not unheard of to meet a hockey fan. That’s me… a major hockey fan. And, if you’re like me and follow the NHL, you know that this hockey season has been marked by an outbreak of the mumps. But it’s not just hockey. If you’ve watched the news lately, you know there has also been a measles outbreak at Disneyland. These events remind us that communicable diseases spread quickly and can have devastating effects. Thankfully, we have vaccines for many of these highly contagious communicable diseases.

Our new guidelines apply to actions heard on or after January 1, 2015.

They reflect the 2014 tax rates, Consumer Price Index and federal poverty level (the new poverty level increased the income level below which a parent qualifies for the self-support reserve). In addition, the Conference of Chief District Court Judges tweaked several substantive provisions. Thanks to Chief Judge Beth Keever, chair of the subcommittee responsible for reviewing the guidelines and making recommendations to the full Conference, for her contribution to this summary of those changes.

We are creating this blog – “On The Civil Side” – in direct response to the popularity of The Criminal Law Blog, administered by our colleague Jeff Welty. Our contributors […]