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Blog Archives

Jury Trials: 12 Strangers Decide your Case

January 19, 2015   |  
In North Carolina most of our injured clients have the right to a trial by jury if the parties are unable to resolve their claims by negotiations. However, if your case is a Workers’ Compensation injury then you don’t have the right to a jury trial as the Industrial Commission...
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Mediation: Who pays for mediation?

January 19, 2015   |  
Under the rules of mediation, both sides share the costs of the mediator’s fees. However, in many injury cases which settle at mediation, the defendants will usually offer to pay the full cost of the mediator’s fees as part of the settlement. If the case is not settled, then you...
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Mediation: Is it required?

January 19, 2015   |  
Yes, most civil disputes in North Carolina must be mediated before they can be adjudicated in court. This mediation requirement applies to lawsuits filed in Superior Court, District Court, and the North Carolina Business Court. In injury cases, mediation is required after a lawsuit has been filed and the parties...
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Mediation: What is it?

January 19, 2015   |  
Mediation is the forum where both sides are offered an opportunity to present their cases to an independent and neutral person (the mediator) who attempts to provide alternatives and options to settle the legal matter in dispute. In most cases, mediation is conducted after filing suit; however, we have mediated...
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Discovery: What are depositions?

January 19, 2015   |  
A deposition is a proceeding in the litigation of your case where sworn testimony is taken by a court reporter with all attorneys and parties present. The deposition may be used at trial so it is very important for you to take this part of your case seriously. There are...
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Discovery: What are requests for production of documents?

January 19, 2015   |  
A party may serve on another party a request to produce and permit inspecting and copying, photographing, testing, and sampling of documents, papers, books, objects, tangible things, etc.; or entry onto land for the purpose of inspecting, surveying, testing, etc. A party served with such a request must serve a...
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Discovery: What are interrogatories?

January 19, 2015   |  
Interrogatories are governed by Rule 33 of North Carolina’s Rules of Civil Procedure. Interrogatories are questions which one party may serve on another party, whether or not adverse, which are to be answered in writing under oath. Generally, they must be answered and returned within 30 days and there can...
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What is discovery?

January 19, 2015   |  
If your case is in litigation then there will be an initial period where both sides exchange information about their cases, called discovery. During this phase of your case, each side will use different statutory methods of acquiring information from the other side. This helps give both sides a better...
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What are the costs of litigation?

January 19, 2015   |  
Most clients do understand that the costs to litigate a case are ultimately the responsibility of the client. This means that even if we advance the cost to file your suit, take depositions, pay for doctors and other experts to testify, and pay for all the other costs associated with...
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