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A party to a civil action may seek relief from a final judgment or order of North Carolina's trial courts for many reasons. Litigants often take their arguments to the state's appellate division. But for many issues, the North Carolina Rules of Civil Procedure provide methods for first seeking relief directly from the trial courts themselves. These rules, presented in Chapter 1A of the North Carolina General Statutes, and North Carolina case law interpreting them, are the focus of this book. The discussion proceeds in two parts. -Part One covers motions for immediate post-trial relief. -Part Two covers motions brought under Rule 60(b), which allows relief from a "final judgment, order, or proceeding" based on any of six specific grounds that are based largely in equity, and, in general, are discretionary. The book concentrates on North Carolina case law, primarily cases that interpret the Rules of Civil Procedure governing these motions rather than cases discussing the common law upon which the rules are based or statutes that preceded them. A free download of the table of contents and about this book section are avaialable (https://www.sog.unc.edu/publications/books/relief-judgment-north-carolina-civil-cases!/details).
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A complete set of the manuals used by North Carolina Superior Court Clerks and their staff. Volume One includes an overview of the clerk¿s office and sets out the law and practice applicable to criminal and civil courtroom procedures and child support procedures before the clerk. Volume Two covers estates, adjudication of incompetence, guardianships, trusts, and special proceedings.
View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. Raising Issues of Race in North Carolina Criminal Cases is a resource for public defenders and appointed counsel who represent poor people accused of crimes. This publication is also useful to judges, prosecutors, and others who work to safeguard the integrity of the court system. The book describes the ways in which considerations of race may improperly enter into the conduct of a criminal case, and gathers, organizes, and analyzes the law on the intersection of race and the criminal justice system. Ten chapters cover a variety of topics, such as: -stops, searches, and arrests; -eyewitness identification; -pretrial release; -selective prosecution; -composition of grand and trial juries; -trial issues; and -sentencing.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.