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Tag: clerks of court
  • The Clerk and Nunc Pro Tunc

    At the end of a hearing, the clerk who is the presiding judicial official orally announces (or “renders”) her decision from the bench in favor of the petitioner seeking relief from the court.  The clerk instructs the attorney for the petitioner to prepare an order with appropriate findings of fact and conclusions of law and to return the order to the court for review within two weeks.  The clerk receives the order from the attorney ten days later.  The clerk reviews the written order, makes a few changes to some findings of fact (remember, in the end it is the court’s order and not the attorney’s order who drafted it), and then signs and files it.  Next to the clerk’s signature on the order is the date the order is signed and the earlier date of the hearing along with the words “nunc pro tunc.”

    Does the clerk generally have the authority to enter an order nunc pro tunc?  What is the meaning of this phrase? What is the clerk’s authority to enter an order nunc pro tunc in these specific circumstances?  That’s the subject of today’s post.

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  • Tick Tock: Mandatory Time Requirements to Enter A/N/D and TPR Orders

    Subchapter I of G.S. Chapter 7B (the Juvenile Code) governs child abuse, neglect, dependency, and termination of parental rights cases in North Carolina. The Juvenile Code “sets out a sequential process for abuse, neglect, or dependency cases, wherein each required action or event must occur within a prescribed amount of time after the preceding stage in the case.” In re T.R.P., 360 N.C. 588, 593 (2006). Included in the statutory time frames are the timing for entry of orders. What exactly does the Juvenile Code require? And, why does it matter? Continue Reading

  • The Clerk’s Contempt Authority

     

    **UPDATE: Effective July 21, 2017, Session Law 2017-158 expands the clerk’s civil contempt authority. The clerk now has the authority to exercise civil contempt in any instance when the clerk has original subject matter jurisdiction and issued the order that is the basis for the civil contempt in addition to any instance where a statute expressly provides for the clerk’s civil contempt authority.  See S.L. 2017-158, Sec. 11.**

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  • Dude, Where’s My Note?

    UPDATE: On February, 7, 2017, in an unpublished decision, In re Foreclosure of Iannucci, the NC Court of Appeals upheld the trial court’s reliance on a lost note affidavit as competent evidence to support the court’s findings of fact and, in turn, the conclusion of law that the lender is the holder of a valid debt.   In the opinion, the court did not directly address the jurisdictional issues raised in question two below.  However, the superior court makes the same inquiry on appeal de novo from the clerk as the clerk does in the first instance in a power of sale foreclosure.  See In re Foreclosure of Lucks, ___ NC ___ (Dec. 21, 2016).   By finding that the superior court appropriately relied on a lost note affidavit, a similar finding would likely apply to the jurisdictional authority of the clerk to rely on a lost note affidavit.  Because the court’s decision is unpublished, it does not constitute controlling legal authority, but is some indication of how a court may decide a similar issue on appeal in the future.

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