Fixing Court adminstrative mistakes

North Carolina Divorce Law Divorce and Separation Answers
1

  1. What procedure can you use if Court and court administrator has made mistakes in case status how to get this fixed urgently?

  2. If Judge orders court for immediate trial, whose duty is it to calender?

  3. What happens Judge stays all temporary orders and case is dimissed without calendering the case because plaintiff submitts voluntary dimissal of complaint ?

Thanks

2

  1. See my response to your previous post.

  2. Either party may calendar the trial. If this declaration was made in open court, it’s possible that the clerk has already entered the matter for trial on the court’s docket. If you have concerns that this hasn’t been done, you can file a Notice of Hearing and Calendar Request.

  3. Plaintiff can submit a voluntary dismissal, but if there have been counterclaims filed, the orders would still be pending and valid. A court may “stay” temporary orders, but typically only with proper notice and opportunity to be heard.

3

Two claifying questions:
Q1. If orders were stayed, and court orders immediate trial, and this event is not recorded in case staus, and if a party requests, should they not show, temporary order as stayed?

Q2. Full sequence of events are: Judge stays all orders and orders court for trial, and plaintiff submits volunatry dismissal, and court status says case dismissed. Since all orders were stayed, prior to dismissal, and case was dismissed, what is the status of temporary order? The case status report clearly shows, compalint and custody withdrawn, case dismissed and case closed…

4

If you had counterclaims filed that dealt with the issues set for trial, those claims should not have been dismissed even with Plaintiff did a voluntary dismissal.

5

My main question is about temporary order. When order was stayed, and case dismissed then case was nullified. My counter claim or any claim should be different than temporary order is it not? If case status is asked should it not show clearly order was stayed? That is my question.

Counter claim is somthing other party does… But temporary or any order when claim are complaint is withdrawn, and order is stayed, does it not mean that temporary order is voided?

Thanks? High appreciate your timely response…

6

If there is no counterclaim filed and the Plaintiff takes a voluntary dismissal, orders of the court are no longer applicable since there is no longer a claim pending.