This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike Form For Jury Trial In North Carolina
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US-00004BG-I
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– Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 30 days after the service of the pleading upon him or upon the judge's own initiative at any time, the judge may order stricken from any pleading any insufficient ...
The Supreme Court has no jury, and it makes no determination of fact; rather it considers only questions of law, which means resolving a party's claim that there were errors in legal procedures or in judicial interpretation of the law in the trial court or the Court of Appeals. Learn more.
In civil cases in the district court there shall be a right to trial by a jury of 12 in conformity with Rules 38 and 39 of the Rules of Civil Procedure. (b) In criminal cases there shall be no jury trials in the district court. Upon appeal to superior court trial shall be de novo, with jury trial as provided by law.
The District Courts, which are spread out throughout the 50 United States, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands, are the federal trial courts. It is in the district courts that federal cases are tried, witnesses testify, and juries serve.
The District Courts handle the vast majority of the trial level cases. They have exclusive jurisdiction over civil cases involving less than $10,000, almost all misdemeanors, probable cause hearings in felony cases, juvenile proceedings, mental health hospital commitments, and domestic relations cases.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
Trials in District Court are always held before a judge, while trials in Superior Court are usually held before a jury, though this right can be waived. Misdemeanors and infractions, as well as juvenile matters, are typically prosecuted in District Court, while felonies are typically prosecuted in Superior Court.
Unlike the appellate division that decides only questions of law when a party appeals a case, the Superior and District Court divisions are the trial court divisions that hold trials, and empanel juries to determine the facts of cases.
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North Carolina has no general speedy trial statute. The motion shall point out the defects complained of and the details desired.These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature. Pleadings and motions can be used to benefit your civil litigation case in North Carolina. Most have specific deadlines or timelines. All trials must be in the district court. N.C.G.S. § 7B-1111(a)(2); ultimate findings of fact; case plan compliance; willfulness and out of home placement. (2) Motion Pending Appeal. If an appeal is pending, a defendant or the state may file in the trial court a motion to correct a sentencing error. – An attorney who, under Article 4 of this Chapter, Entry and Withdrawal of Attorney in Criminal Case, has entered a criminal proceeding and has not withdrawn.