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This paper gives recommended standard instructions to be read to jurors before selection for a specific civil case begins. It includes information on the parties and lawyers to the case, the burden and standard of proof, the role of the jury, and the voir dire process.
Keywords: Voir dire
This chart shows the sanctions available under Rule 37 for failure to respond to discovery requests or to otherwise comply with the rules of discovery in civil cases. The chart shows when awards of attorney's fees and expenses are permissible.
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This paper outlines the allowable number and length of closing arguments in civil trials, and it addresses the proper scope of a closing and the court’s duty to remedy impermissible arguments.
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This paper discusses when it is appropriate to dismiss a case under Rule 41 for failure to prosecute. The discussion includes the consideration of lesser sanctions, what constitutes a failure to prosecute, and appeals from such dismissals.
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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 paper explains governmental immunity, particularly for local governments (counties and cities) and school boards. It discusses the difference between governmental and proprietary functions and how qualified immunity is handled differently for public officials and public employees. The paper reviews waiver of immunity through the purchase of insurance. It also covers legislative and judicial immunity as they apply to local officials.
Keywords: Sovereign immunity, governmental immunity, governmental functions, proprietary functions, waiver of immunity, legislative immunity, judicial immunity, local governments, State Tort Claims Act, Negligence, risk pool, public duty doctrine, official capacity, individual capacity, public official, public employee, § 1983
This section gives recommended standard instructions to be read to the jury pool at the start of a case, before jury selection has begun, including the introduction of court officials, observations on the importance of jury service, admonitions about contacts with lawyers and witnesses, and the opportunity to present excuses.
Keywords: Voir dire
This section discusses the procedure under G.S. 1-181.2 for responding to a jury request to review evidence during deliberations in civil trials.
This section gives recommended standard instructions to be read to prospective jurors after excuses have been heard and before voir dire begins. It explains the purpose of voir dire, includes admonitions on not being influenced by news media coverage, and discusses the importance of being fair and impartial.
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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.
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