North Carolina Demand for Address of Party under Statute or Rule

State:
Multi-State
Control #:
US-03269BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. 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.

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FAQ

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

Federal Rule of Evidence 615 does state that witnesses must be excluded at a party's request, but ing to Rule 30(c) of the Federal Rules of Civil Procedure, ?[t]he examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615.? Thus, ...

611(b) limits the scope of cross-examination of all witnesses to matters testified to on direct and matters bearing on credibility, unless the court in its discretion allows inquiry into additional matters as if on direct examination. This has been the traditional view in the Federal courts and many State courts.

The efficacy of excluding or sequestering witnesses has long been recognized as a means of discouraging and exposing fabrication, inaccuracy, and collusion. 6 Wigmore §§1837?1838. The authority of the judge is admitted, the only question being whether the matter is committed to his discretion or one of right.

Rule 611. ? A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. (c) Leading questions. ? Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony.

Exclusion of witnesses. At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.

Rule 36. Requests for admission; effect of admission. (a) Request for admission. ... Each matter of which an admission is requested shall be separately set forth. ... There shall be sufficient space following each request in which the respondent may state the response.

? Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be ...

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North Carolina Demand for Address of Party under Statute or Rule