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The North Carolina laws were changed to eliminate the nolle prosequi with leave motion in 1973, allowing prosecutors to voluntarily dismiss charges without tolling the statute of limitations. [2] State law allows prosecutors to file for a voluntary dismissal with leave to re-instate charges when the delay is caused by the defendant’s own ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
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Continuing mandamus, structural interdict, or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality.
While some parts of that law were declared unconstitutional in 2016, the state fair rule was kept in place. Laws like this come from an understandable desire to protect people, particularly children.
A borrowing statute, is a statute under which a U.S. state may "borrow" a shorter statute of limitations for a cause of action arising in another jurisdiction. The purpose of borrowing statutes is to prevent plaintiffs from engaging in forum shopping in order to find the longest available statute of limitations.
A Harnett County man who refused to wear a mask in 2022 at his local courthouse is in the clear following a decision by the North Carolina Court of Appeals to reverse his contempt-of-court conviction.
[2] "If there is a conflict between" a state statute and the North Carolina Constitution, the constitution controls because it "is the superior rule of law in that situation." [3] The Supreme Court of North Carolina has the “power and . . . duty to determine whether challenged acts of the General Assembly violate the constitution,” [4] by ...