Wake North Carolina Notice of Ex Parte Hearing before District Court Judge

State:
North Carolina
County:
Wake
Control #:
NC-CV-311
Format:
PDF
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Notice of Ex Parte Hearing before District Court Judge: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


Title: Understanding the Wake North Carolina Notice of Ex Parte Hearing before District Court Judge Keywords: Wake North Carolina, Notice, Ex Parte Hearing, District Court Judge Introduction: The ex parte hearing is a crucial legal process that occurs before the District Court Judge in Wake, North Carolina. This detailed description aims to provide a comprehensive understanding of the Wake North Carolina Notice of Ex Parte Hearing before a District Court Judge, its purpose, procedures, and potential variations. 1. Overview: The Wake North Carolina Notice of Ex Parte Hearing before a District Court Judge is a formal notification issued to all relevant parties involved in a legal matter. It provides details about the upcoming ex parte hearing, which refers to a court proceeding that takes place without the presence of all parties involved. The purpose of this notice is to ensure fairness and due process while allowing urgent matters to be addressed promptly. 2. Types of Wake North Carolina Notices of Ex Parte Hearings: While the ex parte hearing process is generally consistent, it is essential to note that variations in notice types exist based on the nature of the case and its specific requirements. Some specific types of Wake North Carolina Notices of Ex Parte Hearings before a District Court Judge may include: — Wake North Carolina Notice of Ex Parte Hearing for Emergency Custody: This notice pertains to cases involving immediate concerns regarding the safety and well-being of a child. The court may grant temporary custody or protective orders without full participation from all parties. — Wake North Carolina Notice of Ex Parte Hearing for Domestic Violence Protective Order: This notice applies to situations involving allegations of domestic violence, harassment, or stalking. The hearing aims to offer prompt protection for victims. — Wake North Carolina Notice of Ex Parte Hearing for Temporary Restraining Order: This notice relates to cases where immediate action is necessary to prevent irreparable harm or damages. The court may issue temporary restraining orders beyond the usual notice requirements. 3. Content and Structure of a Wake North Carolina Notice of Ex Parte Hearing: The notice typically includes the following information: a) Case details: Case name, number, and relevant court information for accurate identification. b) Hearing date, time, and location: Clearly stated information about when and where the ex parte hearing will take place. c) Requesting party details: Identifies the party seeking the hearing, often indicating the petitioner or their counsel. d) Basis for the hearing: Explains the reasons necessitating the ex parte hearing, outlining the urgency or extraordinary circumstances involved. e) Required presence: Often specifies who must be present at the hearing (e.g., petitioner, respondent, counsel, witnesses) and any exceptions. f) Provision for response or objections: Clarifies if the opposing party has an opportunity to respond to the motion or voice their objections before the court. Conclusion: Understanding the Wake North Carolina Notice of Ex Parte Hearing before District Court Judge is essential for anyone involved in legal proceedings. The notice serves to notify all parties of an imminent ex parte hearing and provides details about its purpose, requested relief, and the required presence of parties. Different variations of notice exist to accommodate specific cases, such as emergency custody, domestic violence protective orders, or temporary restraining orders.

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Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You ?serve? (mail) your motion to the other side.

District courts hear cases involving civil, criminal, juvenile, and magistrate matters.

Service by registered or certified mail, return receipt requested or signature confirmation: You may go to the post office and mail a copy of the Summons and Complaint to the other party by registered or certified mail, return receipt requested or by signature confirmation.

In any petition filed before court, the notices will be served through court process servers or by registered post through court registry. Once Notice served, the defendant will sign the copy of notice. A notice to the government department has to be given prior to the hearing of the case.

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.

Create a legal heading for your motion.Capitalize your title head.Declare the facts.Write the memorandum using the law and legal precedent to plead your case.Conclude the motion with a brief summary of your request.

In North Carolina, a sheriff must serve the petition and notice without advance payment of the fee for service. G.S. 35A-1109. Personal service. Copies of the petition and initial notice of hearing must be served on the respondent by giving them personally to the respondent.

Review and follow the steps below to gain access to the Court's electronic filing system. Step 1: Determine whether you meet the technical requirements for e-filing.Step 2: Ask for permission from the judge.Step 3: Register with PACER.Step 4: Activate Your E-Filing Privileges in the Court's Filing System.

You must return to the courthouse to see a judge to get an ex parte order that will last for up to 10 days, until you can have a full court hearing. Whether the judge or magistrate grants you an ex parte order or not, you will be given a court date for a full court ?hearing? within 10 days.

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What is the Eastern District of North Carolina definition of EX PARTE? Violations of the ex parte communication rule may, in the discretion of the assigned Judge, subject the offending party to sanctions. 1.Rule 16. Will resume at the Wake County Courthouse in courtrooms 2B, 2C, 2D, and 2A. Court practices vary among individual North Carolina counties. The name of the county where you have court in the email address. Unless otherwise specified, all pretrial hearings will be held in the Business Court courtroom assigned to the presiding Business Court judge. STATE OF NORTH CAROLINA. County.

Docket Nos. 13J-13-1 and 13J-13-2 [Name, address, telephone number (if different), e-mail address, and date and place of service] (J.G.) By: /s/ SALLY C. CULBERTSON, PAUL J. SCRAM, C. L. KATZ, JUDITH S. LATIN [Name, address, telephone number (if different), e-mail address, and date and place of service] The Honorable C. L. KATZ, District Judge. District Court, Raleigh [Sealed] [Cite as: NTSC 16-1501, 16-1504, 16-1161, 16-1231, 16-1232, 16-1241; Memorandum Comments, September 1, 2015, and October 6, 2015; Court File No. 06 (KATZ); Declaration of James G. Filter, October 11, 2015] (Filter Declaration) C.J.C.

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Wake North Carolina Notice of Ex Parte Hearing before District Court Judge