Articles related to Rules of Civil Procedure

Trial court judgments in bench trials must contain findings of fact and conclusions of law. Orders disposing of motions, on the other hand, normally only need findings and conclusions if […]

UPDATE:  On March 26, 2019, the NC Court of Appeals in Gray v. Federal National Mortgage Association interpreted Lucks and held while the doctrine of collateral estoppel does not apply to an order not authorizing a non-judicial foreclosure sale, it does apply to an order authorizing a sale.

On December 21, 2016, the North Carolina Supreme Court published a final set of opinions for the year.  Without a doubt, one case in particular stopped me in my tracks.  The case, In re Foreclosure of Lucks, will have a significant impact on G.S. Chapter 45 power of sale foreclosures going forward. ____ N.C. ____ (Dec. 21, 2016).   Here’s both the general and the specific about what the court had to say.

*This post was amended on January 29, 2016 to add Rule 45 (subpoena) and on February 22, 2017 to specifically reference Rule 12(b)(3)

Have you ever felt like you’re playing a game of one potato, two potato when figuring out if a Rule of Civil Procedure applies to your abuse, neglect, dependency, or termination of parental rights action? Let me provide you with a guide instead.