North Carolina Divorce Lawyers Blog

Articles Posted in LawyerVille

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“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts that lawyers are faced with on a day-to-day basis.  Continue reading →

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Whether you are a North Carolina law student, newly admitted to the practice of law, or a layperson involved in a civil lawsuit, you will hear quite a bit about service, service of process and certificates of service. In previous blogs, we have reviewed the basics of Rules 4 and 5 of The North Carolina Rules of Civil Procedure, but for those just becoming acquainted with the Rules, it ‘s hard to differentiate which rule applies, and when. For those who are involved in a lawsuit, it is always best to hire an attorney who can answer your questions fully and advise you of your rights. However, as a way to learn more about Rules 4 and 5 let’s look at some scenarios, and how these Rules regarding service are applied. Continue reading →

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While Rule 4 of the North Carolina Rules of Civil Procedure proscribes the method for the filing and service of the original complaint in an action, Rule 5 deals with the filing and service of orders, pleadings, and other documents that follow that initial complaint. Continue reading →

Published on:

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“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts that lawyers are faced with on a day-to-day basis.  Continue reading →

Published on:

By

“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts that lawyers are faced with on a day-to-day basis. Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners and detectives. While we have covered the prime hearsay exceptions to have these statements admitted, there is always the possibility that the court will not allow the hearsay in under the already enumerated exceptions. If this happens, the best alternative is to use Hearsay Exceptions Rule 803(24) – “Other Exceptions.” The court in Deanes gives us a broad overview of “other exception where there is inherent trustworthiness” under Rule 803(24), and the proper procedure to utilize this hearsay exception. State v. Deanes, 323 N.C. 508, 374 S.E.2d 249 (1988). Continue reading →

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by Jennifer Crissman, Attorney, Woodruff Family Law Group
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In this installment of our series for family law practitioners in Guilford and surrounding counties, we will discuss the case of State v. Burgess. In our hypothetical scenario, the two children made statements to their grandmother about the abuse by their uncle. Although the timing and circumstances surrounding the statements were not discussed, the statements could qualify for admission under the hearsay exception of excited utterances, Rule 803(2). The case of Burgess provides very clear guidance on this hearsay exception. State v. Burgess, 639 S.E.2d 68, 181 N.C.App. 27 (2007). Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In part 10 of our practical series for family law attorneys practicing in the Piedmont Triad, we will review the case Matter of Lucas which provides guidance on hearsay statements made to physicians regarding sexual abuse. In our scenario in part 1 of the series, the two children told their grandmother about the incident, which in turn led to the children being seen by a doctor. In the visit with the doctor, the children made statements about the abuse. One of the grounds opposing counsel may bring up is that a physician did not treat the children, but merely examined them to gather evidence for any criminal investigation stemming from the abuse allegations. The case of Matter of Lucas is directly relevant. Matter of Lucas, 380 S.E.2d 563 (N.C. App. 1989). Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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Part 9 of our continuing series for family law attorneys practicing in Guilford and surrounding counties focuses on the admission of hearsay from social workers and the Department of Social Services. When there is a case that has allegations of abuse, there will likely be intervention from the Department of Social Services at some point. As in our scenario, there usually will be an initial investigator, and at some point, the case will be assigned to another worker for follow up after the initial investigation. By the time that the case goes to hearing, there can be multiple workers who have interacted with the family and touched the case. The prospect of getting not just one, but multiple social workers with heavy caseloads in to court to testify is a daunting task to say the least. This segment will review the case of In re C.R.B. and the admission of DSS records authored by multiple social workers. In re C.R.B., 781 S.E.2d 846 (N.C. App. 2016) Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In this part of our continuing practical series, we will address the issues family law attorneys face when trying to admit DSS records and social worker’s testimony into evidence in Guilford and surrounding counties. Matter of Smith is a particularly useful case for when the child has made statements to one social worker, but that worker is not available to testify on the day of the hearing. As most attorneys who have needed a social worker’s testimony can attest, these are very busy people with important jobs. It is hard to get a social worker in court as they are usually dashing from one case to the next. Also, the social worker who initially receives the case may not keep the case in the long run. This is where the holdings of Smith can be applied. Continue reading →