WARNING: Rule 11 of the Federal Rules of Civil Procedure prohibits you from filing a lawsuit that is clearly frivolous or filed merely to harass someone. If after reviewing your complaint, the court determines that you have filed a lawsuit for an improper or clearly unnecessary purpose, it may
Wake County Superior Court. Wake County Courthouse. 316 Fayetteville Street Mall, PO Box 351. Raleigh , NC 27602. Phone: 919-792-4000. Website | Directions. This location handles civil matters. We are having difficulty displaying the exact …
“extraordinary cause” necessitating the request. The Court’s Order allowing the request shall be in writing and shall state clearly the “extraordinary case” on which the continuance is based. The “Order of Continuance” form which has been used for many years in civil cases in this district can be used to comply with this rule.
You can request a court-appointed attorney at any stage of the case, especially if your financial situation has changed. However, the judge is not required to appoint an attorney for you later in the case if you initially turn down a court-appointed attorney and then change your mind.
How much does a court appointed lawyer cost? ​Court appointed lawyers cost nothing upfront. If you are found guilty or found in contempt you will have to repay the state of North Carolina for the services of the appointed attorney. In NC those fees generally range from $55-$75 per hour.Mar 20, 2015
In order to receive a new court-appointed attorney, you must prove:Your Constitutional right (via the Sixth Amendment) to effective council is jeopardized by your current lawyer.You and your public defender have such severe irreconcilable differences that you will not receive effective representation.May 27, 2021
To start a lawsuit without a lawyer, you may need to file a verified complaint, along with the specified filing fee. It is the same first step that a lawyer may take in commencing a lawsuit. This step is immediately followed by the filing of a civil summons form.
This phase generally takes six to eight months to complete. The information can be requested by written questions, or interrogatories, and by written requests for production of documents.
A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.
What Are Your Miranda Rights?You have the right to remain silent.Anything you say can and will be used against you in a court of law.You have the right to an attorney.If you cannot afford an attorney, one will be appointed for you.Aug 12, 2020
To start a lawsuit, you mail or deliver a complaint and a summons to the Office of the Clerk of Superior Court at a county courthouse. This part of the booklet explains where to sue, which complaint form to use, how to fill in the prop- er legal forms, how to file the claim, and how to get the forms to the defendant.
A federal civil case involves a legal dispute between two or more parties. A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived.
Answering the Summons & Complaint. You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
Divorce cases, rent matters and sale of land cases are decided under Civil Law.
Section 3, Rule 17 of the Rules of Court provides that "if plaintiff fails to appear at the time of the trial, or to prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the court, the action may be dismissed upon motion of the defendant or upon the court's own motion.Mar 5, 1991
Assets such as IRAs, Roth IRAs, qualified retirement plans, and qualified profit sharing plans are protected under North Carolina law and federal law.May 26, 2017
In criminal court, the government (usually referred to as “the State”) prosecutes a person for breaking the law, with the possibility of punishment like jail time or a fine.
North Carolina divides its trial court system into two levels: District Court and Superior Court. The two courts generally are located in the same courthouse in each county, but they have different judges and hear different types of cases.
In most cases, when you have been arrested for a pending criminal charge, you have a right to have a judge or magistrate set conditions of pretrial release, commonly called “bail” or “bond.” This generally occurs when you are first arrested and brought before a judicial official (usually a magistrate) for an “initial appearance.” The conditions of release may include paying or promising money to the court as a way of ensuring that you will return for your court dates.
Note: This section is about court dates and scheduling in criminal and infraction cases, only. For general advice about how to prepare for court and what to expect on your court date, see the Going to Court Help Topic.
A deferred prosecution agreement is an agreement between a defendant and the State.
Few criminal cases go to trial. Many cases are resolved through plea or deferral agreements, while some cases are dismissed by the prosecutor.
If you were convicted of a misdemeanor in District Court, you can appeal your case to Superior Court for a new trial before a jury (or before a judge, only, if you waive your right to a jury trial). If you were convicted in Superior Court, you may appeal your case to the State’s appellate courts, the Court of Appeals and possibly the Supreme Court.
If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.
At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding.
The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.
If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.
If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.
Updated: Dec 15th, 2020. The Sixth Amendment guarantees the right to the assistance of legal counsel in all felony cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer free of charge in all cases, including misdemeanors, that have the possibility of incarceration.
When claiming a lack of investigation, focus on the evidence that you want your lawyer to track down and how it might be helpful to your defense. To the extent possible, avoid giving your own version of events and your interpretation of the alleged criminal conduct.