Judgment Note Formed Without Looking At The Facts In North Carolina
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FAQ
A) In bench trials (trials without jury), the judge not only makes the legal conclusions but also is the finder of fact. b) Written findings of fact and conclusions of law are required in all actions tried without a jury, whether or not requested by a party.
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...
Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...
Rule 11. – Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.
Household exemption typically includes clothing, furnishings, appliances, books, and other household items that are used as part of everyday residential existence.
– On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered in ...
Findings of fact are reviewed for sufficiency of the evidence; conclusions of law are reviewed de novo.
A finding of fact, also known as a conclusion of fact , refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
Fact – Facts are useful to inform or make an argument. Examples: The United States was established in 1776. The pH levels in acids are lower than the pH levels in alkalines.
