Notice Of Discovery Without Notice In Wake
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The court rules require that the party seeking discovery first makes a voluntary request in writing, if agreement for discovery is not reached. Its discovery is not made within that period or agreement reached, then the party seeking discovery may apply to court.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
Discovery in aid of execution facilitates disclosure of assets for the purpose of further execution. It may be a precursor to use of further remedies against intangible assets, such as garnishee proceedings, charging orders and the appointment of a receiver by way of equitable execution.
Evidence must be relevant to the questions in issue. It must be relevant as a matter of fact and common sense and must not be inadmissible at law. There may be direct eyewitness evidence of the matters in dispute in many cases.
When does the discovery process happen? In civil cases, discovery happens after the defence has been delivered. Discovery starts with a request for voluntary discovery. This is a letter which details the categories of documents requested and gives the reasons why the documents are relevant and necessary to the case.
General Information: Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Rule 5 of the North Carolina Rules of Civil Procedure requires that a notice of hearing be served on each attorney of record or unrepresented party in a case. G.S. 1A-1, Rule 5(a). Rule 5 also requires that Notices of Hearing be filed with the court "either before service or within five days after service." G.S.
Civ. P. 12(b)(6) tests the legal sufficiency of the complaint. In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.