NC Superior Court Judges' Benchbook

School of Government, The University of North Carolina at Chapel Hill, Shea Denning (Ed.)

Rule 59

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One Trial Judge Overruling Another

This paper explains the rule that one trial judge may not modify, alter or overrule the decision of another trial judge on a matter of law. It explains the circumstances under which a second judge may alter the ruling of a first judge on a matter of discretion.

Keywords: Superior court, jurisdiction, interlocutory, Rule 59, Rule 60, motion for appropriate relief, summary judgment