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This section recommends standard instructions to be read to jurors concerning limiting the consideration of evidence in civil cases. It includes instructions on illustrative vs. substantive evidence, stipulations and depositions.
This section recommends a standard instruction to be read to jurors in a civil case before the judge begins the charge conference with the lawyers, explaining to the jurors the purpose of the charge conference and why they are being sent from the courtroom, and reminding them not to discuss the case.
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This section recommends a standard instruction to be read to jurors in a civil case before the lawyers begin their final arguments, advising the jurors that the arguments are not evidence and that they are to be guided by their own recollection of the evidence.
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This chapter discusses when findings of fact and conclusions of law are required in civil orders. It also provides suggestions for drafting findings of fact.
Keywords: Rule 12(b)(6), failure to state a claim, Rule 41, Rule 52, Rule 56, Rule 65
This section describes the process for taking a verdict in a civil case. It includes information on receiving the verdict, polling the jury and commenting on the verdict. Included are dialogues for taking the verdict and polling the jury.
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This paper discusses proceedings to challenge the validity of a will. It includes discussion of who has standing to bring the challenge, the grounds for caveat, testamentary capacity, trial procedure, award of attorney's fees and costs, and in terrom clauses.
This paper discusses when attorney's fees may be awarded under G.S. 6-21.1 in civil cases in which there has been a money judgment for $10,000 or less. It explains how to calculate the amount of the judgment for this purpose and identifies the factors to be considered in determining the amount of the fees.
Keywords: attorney's fees
This paper discusses when attorney fees may be awarded under G.S. 6-21.5 in civil cases. It discusses procedural requirements, when a case is considered non-justiciable, and the effect of dispositive rulings under civil procedure Rules 12, 50, 41, and 56.
Keywords: attorney's fees
This section discusses the admissibility of character evidence.
Keywords: Rule 404, Rule 405, Rule 404(a), Rule 404(b), Rule 607, Rule 608, Rule 609, propensity, habit, extrinsic evidence, pertinent trait, law abidingness
This section discusses the admissibility of habit evidence under Evidence Rule 406.
Keywords: State v. Fair, State v. Tappe, Rule 403
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