Rights and Discretion in Civil and Family Courts
Introduction
The judiciary provides certain freedoms and discretionary procedures to plaintiffs in civil and family courts. It is important to note that Courts dealing with family matters, such as divorce, custody, and support, are integral parts of the Civil Courts system, which also addresses other legal issues like traffic law violations and consumer disputes. This material discusses the chief ways in which procedural rights can be defended and discretionary possibilities exercised, from the District Courts to the State Supreme Court, with respect to rules and appeal processes.
District Court: Initial Rights and Discretionary Motions
Litigants who find themselves in North Carolina District Courts to address their family law cases will find that the court provides them with several civil rights, such as the right to a fair trial and the right to appeal decisions. Furthermore, certain discretionary motions may play a strategic role in these cases.
Rule 59 – Motion for a New Trial or to Alter or Amend a Judgment:
- Right: After the final judgment, one party has the right to seek reconsideration of the decision based on Rule 59. This is usually based on points such as errors made during trials or the appearance of new evidence that was previously unavailable.
- Example: If new evidence emerges in a child custody case showing that the custodial parent’s new living situation is detrimental to the child, the court might reconsider the custody arrangement through a Rule 59 motion.
- Example: If a party misses the deadline to file an appeal of right due to extraordinary circumstances, they may petition for a writ of certiorari for the court to consider the appeal despite the lapse.
State Supreme Court: Distinguishing Between Rights and Discretionary Reviews
At the highest judicial level in North Carolina, the distinction between rights and discretionary decisions becomes more conspicuous.
Appeal of Right:
- Right: The State Supreme Court is given the liberty to hear an appeal of right only if it involves significant constitutional questions or a death penalty case.
- Example: In cases involving major constitutional issues, such as a challenge to the legality of a state statute, it may qualify for an appeal of right to the Supreme Court.
Discretionary Review:
- Discretionary: Most appeals to the State Supreme Court are discretionary, where the court selects cases that have broad legal significance or where there is a need to resolve conflicting decisions from lower courts.
- Example: If the Court of Appeals has issued a split decision on an important family law matter that could impact future cases, the Supreme Court may choose to review and rule, thus providing a uniform directive in the law.
Conclusion
The insight into procedural mechanisms and distinguishing between rights and discretionary options in North Carolina’s civil and family courts is crucial for litigants throughout the legal process. This will enhance the participants’ ability for strategic planning and conflict resolution from the initiation of a District Court case through a potential appeal at the State Supreme Court level.