- General
- The Judge's Commission
- Contempt
- Inherent Authority
- Closing Proceedings
- Gatekeeper Orders
- Access to Court Records
- Pro Hac Vice Admissions - Sample Order
- Findings of Fact and Conclusions of Law
- Judicial Immunity
- Recusal
- 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
- Criminal Jurisdiction of Superior Court
- Recusal of Prosecutor
- Indictments
- Arraignment in Superior Court
- Pretrial Release
- Right to Counsel During Criminal Prosecution
- 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
- Double Jeopardy
- Ex Post Facto
- Motions to Suppress
- Jury Issues
- Trial in the Defendant's Absence
- Restraining the Defendant during Trial
- Absolute Impasse
- Sequestration of Witnesses
- Voir Dire
- Motions to Dismiss
- 5th Amend. Privilege & Immunity
- Extending the Session
- Opening and Closing Statements
- Jury Deadlock
- 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
- Probation Violations
- Remand to District Court
- Correcting Errors Sua Sponte
- Habeas Corpus
- Motions for Appropriate Relief
- Post-Conviction DNA Testing
- Defendants' Objection to Early Disposal of Biological Evidence
- Ineffective Assistance of Counsel
- 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
- 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
- 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
- Routine Limiting Instructions in Criminal Cases
- Contents
- Expert Search
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Expert Search
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This section explains the hearsay rules and the key exceptions to it that arise in North Carolina criminal cases.
This section discusses constitutional double jeopardy protections.
Keywords: Fifth Amendment, Blockburger, collateral estoppel
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 reproduces the Structured Sentencing minimum and maximum sentencing charts for felonies committed on or after 10/1/2013.
Keywords:
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 paper reviews the court’s inherent authority to act when no procedure is provided by statute or rule to address the situation facing the court. It discusses the particular circumstances in which such inherent authority has been applied and also notes the limitations on the court’s power when it intrudes on legislative or executive authority.
The North Carolina General Statutes provide a state law right for post-conviction DNA testing of biological evidence, in certain circumstances. G.S. 15A-269, -270, and -270.1 set out the procedures for such testing, and those procedures are discussed in detail in the sections that follow.
Keywords: Post Conviction, DNA
This section discusses the constitutional and statutory rules that limit a judge’s authority to impose a more severe sentence after a successful appeal or collateral attack.
Keywords: North Carolina v. Pearce, 15A-1335, resentencing, re-sentencing
This paper discusses the requirements and limitations of subsection (6), the “catch-all” provision of Rule of Civil Procedure 60(b).
This paper discusses the requirements under Civil Procedure Rule 9(j) for special pleading in medical malpractice actions. It includes the 2011 statutory amendments.
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