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NC Superior Court Judges' Benchbook
School of Government, The University of North Carolina at Chapel Hill, Shea Denning (Ed.)
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The Judge's Commission
Contempt
Inherent Authority
Closing Proceedings
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Pro Hac Vice Admissions - Sample Order
Findings of Fact and Conclusions of Law
Judicial Immunity
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One Trial Judge Overruling Another
Out-of-Term, Out-of-Session, Out-of-County
Functus Officio
Completing Another Judge's Work
Criminal
Trying a Non-Capital Criminal Case: An Outline for the Superior Court Judge
Sealing Warrants
Grand Jury
Grand Jury Proceedings
Grand Jury: The Foreperson
Criminal Jurisdiction of Superior Court
Indictments
Arraignment in Superior Court
Pretrial Release (Updated July 2023)
Right to Counsel During Criminal Prosecution (Updated January 2024)
Capacity to Proceed
Discovery
Def's Right to 3rd Party Confidential Records
Speedy Trial
Joinder and Severance
Securing Attendance Of Witnesses
Pleas and Plea Negotiations (Updated June 2024)
Double Jeopardy
Motions to Suppress
Motion to Suppress Procedure
Interrogations
Warrantless Stops
Traffic Stops
Jury Issues (Updated September 2024)
Jury Selection (Updated January 2024)
Note Taking by the Jury
Jury View
Jury Review of Evidence (updated September 2024)
Jury Misconduct (Updated September 2024)
Trial in the Defendant's Absence
Restraining the Defendant during Trial
Absolute Impasse
Sequestration of Witnesses
Voir Dire
Voir Dire on Pretrial and In-Court Identification
Voir Dire on Intoximeter
Voir Dire on Evidence of Tracking by Bloodhounds and Other Dog Breeds
Voir Dire on Drug Detection Dogs
Voir Dire on a Dying Declaration
Voir Dire on Confessions/Other Incriminating Statements
Motions to Dismiss
Motions to Dismiss for Insufficiency of the Evidence
Corpus Delicti
5th Amend. Privilege & Immunity
Extending the Session
Opening and Closing Statements (updated June 2024)
Content of Opening and Closing Statements (Updated June 2024)
Order of and Limits on Closing Argument
Jury Deadlock (updated September 2024)
Jury Verdict
Sentencing
Crime Victims' Rights Act: Covered Crimes
Sentencing Charts
Minimum/Maximum Charts for Felonies Committed on or after 10/1/13
Minimum/Maximum Charts for Felonies Committed on or after 12/1/2011
Maximum Chart for Class B1-E Sex Offenses Committed on or after 12/1/2011
Minimum/Maximum Charts for Felonies Committed 12/1/09 to 11/30/2011
Minimum/Maximum Charts for Felonies Committed 12/1/95 to 11/30/09
Minimum/Maximum Charts for Felonies Committed 12/1/1994 to 11/30/1995
Punishment Chart for Misdemeanors Committed on or after 12/1/1995
Drug Trafficking Sentencing
Prayer for Judgment Continued
Limitations on More Severe Sentence
Sex Offenders
Sex Offender Registration & Satellite-Based Monitoring
Petitions to Terminate Sex Offender Registration
Probation Violations
Summary of Probation Response Options
Remand to District Court
Correcting Errors Sua Sponte
Habeas Corpus (Updated September 2024)
Motions for Appropriate Relief (Updated September 2024)
Post-Conviction DNA Testing (Updated April 2023)
Defendants' Objection to Early Disposal of Biological Evidence
Ineffective Assistance of Counsel (Updated May 2023)
Civil
Service of Summons Deadlines
Default Judgment (Rule of Civil Procedure 55)
Temporary Restraining Orders and Preliminary Injunctions
Rule 9(j) of the Rules of Civil Procedure: Special Pleading in Medical Malpractice Claims
Time Limits on Rule 12(b) Motions
Voluntary Dismissals (Rule of Civil Procedure 41(a))
Dismissal for Failure to Prosecute
Civil Discovery Sanctions
Standard Remarks to Jurors
Introduction
Prospective Jurors
Before Selection in Case
After Impaneled
Routine Limiting Instructions in Civil Cases
Before Charge Conference
Before Final Arguments
Jury Review of Evidence in Civil Deliberations
Findings of Fact and Conclusions in Civil Orders
Closing Arguments in Civil Trials
Taking a Civil Verdict
Immunity of the State and Local Governments
Will Caveats
Attorney Fees in Small-Verdict Cases
Attorney Fees in Non-Justiciable Cases
Rule of Civil Procedure 60(b)(6)
Evidence
Judicial Notice
Relevancy
Rule 403
Rule 404(b): Evidence of Other Crimes, Wrongs, or Acts
Character Evidence
Character Evidence Cheat Sheet
Character Evidence Outline
Habit Evidence
Impeachment
Rule 609: Impeachment by Evidence of Conviction of a Crime
Privileged Communications
Expert Testimony
Pleas and Plea Discussions
Refreshed Recollection
Sexual Assault Cases
Criminal Cases Involving Child Victims and Child Witnesses
Hearsay Rules
Confrontation Clause
Guide to Crawford & the Confrontation Clause
The Bruton Rule: Joint Trials & Codefendants' Confessions
Routine Limiting Instructions in Criminal Cases
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Synopsis
This section discusses the admissibility of habit evidence under Evidence Rule 406.
Keywords
State v. Fair
State v. Tappe
Rule 403