Effective Oct. 1, 2020, House Bill 679 became law, amending Rule 5 of the North Carolina Rules of Civil Procedure.
The changes are outlined below:
1. Service is now proper on a party’s attorney of record via electronic mail to an email address of record with the court in the case. Such email must be sent by 5:00 p.m. Eastern Time on a regular business day. If the email is sent after 5:00 p.m., it will be deemed to have been sent on the next business day.
2. Service may also be made on a party by email, but only if the party has consented to receive email service in the case at a particular email address, and a copy of the consent is filed with the court by any party. The same rules apply as set forth in paragraph 1 as to timing of service by 5:00 p.m.
3. Where electronic filing is available (for example, the Business Court), an automated certificate of service generated by that system satisfies the requirements of Rule 5.
4. The certificate of service must show the date and the method of service, and if by email or fax, the email address or fax number of each person served in that manner.
5. If you serve via email, just like service via fax, there is no “three-day rule” that exists for regular mail.
6. Service in other manners heretofore allowed under Rule 5 are still allowed.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ACBDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngACBD2020-11-16 16:29:402020-11-16 16:32:36Changes to N.C. Civil Procedure Rule 5 and N.C. Business Court Rule 3
What is “Project 100,000,” and why should I know about it?
When is an “other than honorable” discharge maybe not so?
What is a “Change Management Agent,” and why should I be nice to them?
Each year, the NCBA Military & Veterans Law (MVL) Section strives to provide CLE opportunities to support legal professionals serving North Carolina’s military and veteran community across a range of practice areas. This year’s program takes place on Thursday, November 19, covering topics such as representing veterans before the U.S. Court of Appeals for Veterans Claims (CAVC), how to prepare clients for compensation & pension medical exams, issues to look out for even after a veteran has been granted compensation for service-connected disability, and history and recent updates around character of discharge.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00MilitaryandVeteranshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMilitaryandVeterans2020-11-16 10:26:492020-11-16 10:38:08Fight for Those Who Fought for Us
The following pro bono projects are available for our Bankruptcy Section members. Just one hour of your time will make the difference with these projects.
NC LEAP – Volunteer Attorneys Needed
NC LEAP provides legal advice and information to low-wealth entrepreneurs. Applicants submit their latest income tax return and a business plan, are screened for eligibility, and then are matched with a volunteer attorney. NC LEAP volunteer attorneys are presently providing assistance to entrepreneurs and small business owners through two ways:
Webinars that feature a presentation by a lawyer on a legal topic of current interest and relevance to entrepreneurs and small business owners, with opportunities for participants to ask general questions of the presenters; and
Virtual “ask-a-lawyer” sessions that pair individual entrepreneurs and small business owners with lawyers for 45-minute advising sessions to address legal questions and concerns and provide legal information and resources.
The Appellate Practice Section of the North Carolina Bar Association is planning its annual CLE for June 2021. The Section’s CLE committee is currently assembling the program for the CLE. In the interest of making the program as relevant and actionable as possible for members of the Section and the bar, the committee invites your input on potential topics and speakers. If you have suggestions about topics you would like to see covered or speakers you would like to hear from, or if you are interested in presenting on a particular topic yourself, please contact the co-chairs of the CLE committee — Jonathan Ellis ([email protected]) and Erik Zimmerman ([email protected]) — who would welcome your ideas.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2020-11-11 14:39:302020-11-11 14:39:30Appellate Practice Section CLE – Call for Contributions
Paraphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.
Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.
A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):
* Lurkers in public meetings online
* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings
* Policing models – Problem Oriented Policing as one possibility
* Preparing for public access and signage
Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-11-11 12:57:082020-11-11 12:57:08A Plethora of Pandemic Predicaments, a CLE for Posterity
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-11-11 09:44:202020-11-11 09:44:20NCBA IPL Section Blog News Blasts for November 11, 2020
Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association.
Each month we select one amazing paralegal from among our membership and ask them to share a little about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.
This month’s Paralegal Spotlight is on Wendy Kimbel, ACP, NCCP.
Position Title: Paralegal/President
Major Duties: I provide contract support services for attorneys, primarily in the areas of real estate, wills, trusts and probate. Read more
Paraphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.
Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.
A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):
* Lurkers in public meetings online
* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings
* Policing models – Problem Oriented Policing as one possibility
* Preparing for public access and signage
Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-11-09 10:42:182020-11-09 10:42:18A Plethora of Pandemic Predicaments, a CLE for Posterity
Are you interested in networking and socializing with other members of the North Carolina Bar Association’s Appellate Practice Section? COVID-19 has restricted our ability to host meet-and-greet and other social events in person, but the Appellate Practice Section is excited to unveil The Bluebook Club as a virtual way for appellate lawyers to connect. Sign up now to join a small group of other appellate-minded attorneys during one or more Zoom social meetings. You can choose one of the two dates below — or, better yet, join us for both. Each registrant will be assigned into a small group of 3-6 other participants for a fun, quick discussion over the lunch break. No need to fear those dreaded, awkward Zoom silences we’ve all come to know too well — we’ll provide appellate-oriented icebreakers to kick-start your discussion. We look forward to seeing you!
Krishnan v. NC Dep’t of Health & Hum. Servs (20-107 – Published) Author: Judge Richard Dietz
State employee grievance; administrative law; time period to petition for contested case.
ALJ, on own initiative, dismissed petition for contested case hearing as untimely per GS 150B-23(f). Parties appealed, saying St. Human Resources Act, GS 126-34.02 applied; therefore, statute of limitations began to run when employee received agency decision, not when it was mailed. Court agreed with the parties, reversed and remanded.
Green v. Howell(20-204 – Published) Author: Judge Allegra Collins
Public official immunity; sufficiency of the complaint; malice or corruption.
Trial court’s order denying City Council Manager’s motion to dismiss on grounds of public official immunity is reversed. Read more
Changes to N.C. Civil Procedure Rule 5 and N.C. Business Court Rule 3
Antitrust & Complex Business Disputes LawBy John P. Marshall
Effective Oct. 1, 2020, House Bill 679 became law, amending Rule 5 of the North Carolina Rules of Civil Procedure.
The changes are outlined below:
1. Service is now proper on a party’s attorney of record via electronic mail to an email address of record with the court in the case. Such email must be sent by 5:00 p.m. Eastern Time on a regular business day. If the email is sent after 5:00 p.m., it will be deemed to have been sent on the next business day.
2. Service may also be made on a party by email, but only if the party has consented to receive email service in the case at a particular email address, and a copy of the consent is filed with the court by any party. The same rules apply as set forth in paragraph 1 as to timing of service by 5:00 p.m.
3. Where electronic filing is available (for example, the Business Court), an automated certificate of service generated by that system satisfies the requirements of Rule 5.
4. The certificate of service must show the date and the method of service, and if by email or fax, the email address or fax number of each person served in that manner.
5. If you serve via email, just like service via fax, there is no “three-day rule” that exists for regular mail.
6. Service in other manners heretofore allowed under Rule 5 are still allowed.
Read more
Fight for Those Who Fought for Us
Military & Veterans LawBy Charlotte Stewart
What is “Project 100,000,” and why should I know about it?
When is an “other than honorable” discharge maybe not so?
What is a “Change Management Agent,” and why should I be nice to them?
Each year, the NCBA Military & Veterans Law (MVL) Section strives to provide CLE opportunities to support legal professionals serving North Carolina’s military and veteran community across a range of practice areas. This year’s program takes place on Thursday, November 19, covering topics such as representing veterans before the U.S. Court of Appeals for Veterans Claims (CAVC), how to prepare clients for compensation & pension medical exams, issues to look out for even after a veteran has been granted compensation for service-connected disability, and history and recent updates around character of discharge.
Read more
Upcoming Bankruptcy Section Pro Bono Projects
BankruptcyStuart L. Pratt
Tyler J. Russell
By Stuart L. Pratt and Tyler J. Russell
The following pro bono projects are available for our Bankruptcy Section members. Just one hour of your time will make the difference with these projects.
NC LEAP – Volunteer Attorneys Needed
NC LEAP provides legal advice and information to low-wealth entrepreneurs. Applicants submit their latest income tax return and a business plan, are screened for eligibility, and then are matched with a volunteer attorney. NC LEAP volunteer attorneys are presently providing assistance to entrepreneurs and small business owners through two ways:
Read more
Appellate Practice Section CLE – Call for Contributions
Appellate PracticeErik Zimmerman
Jonathan Ellis
By Erik Zimmerman and Jonathan Ellis
The Appellate Practice Section of the North Carolina Bar Association is planning its annual CLE for June 2021. The Section’s CLE committee is currently assembling the program for the CLE. In the interest of making the program as relevant and actionable as possible for members of the Section and the bar, the committee invites your input on potential topics and speakers. If you have suggestions about topics you would like to see covered or speakers you would like to hear from, or if you are interested in presenting on a particular topic yourself, please contact the co-chairs of the CLE committee — Jonathan Ellis ([email protected]) and Erik Zimmerman ([email protected]) — who would welcome your ideas.
A Plethora of Pandemic Predicaments, a CLE for Posterity
Government & Public SectorParaphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.
Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.
A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):
* Lurkers in public meetings online
* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings
* Policing models – Problem Oriented Policing as one possibility
* Preparing for public access and signage
Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.
NCBA IPL Section Blog News Blasts for November 11, 2020
Intellectual Property Law SectionArt MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
Copyright Office’s supplemental notice of proposed rulemaking (SNPRM) updating its July 17, 2020, proposed rule concerning the Music Modernization Act
https://www.govinfo.gov/content/pkg/FR-2020-11-05/pdf/2020-24528.pdf
New Trademark exam guide on generic.com terms
https://www.uspto.gov/sites/default/files/documents/TM-ExamGuide-3-20.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
Paralegal Spotlight: Wendy Kimbel, ACP, NCCP
Paralegal DivisionWendy Kimbel
By the Communications Committee
Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association.
Each month we select one amazing paralegal from among our membership and ask them to share a little about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.
This month’s Paralegal Spotlight is on Wendy Kimbel, ACP, NCCP.
Position Title: Paralegal/President
Major Duties: I provide contract support services for attorneys, primarily in the areas of real estate, wills, trusts and probate.
Read more
A Plethora of Pandemic Predicaments, a CLE for Posterity
Administrative LawParaphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.
Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.
A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):
* Lurkers in public meetings online
* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings
* Policing models – Problem Oriented Policing as one possibility
* Preparing for public access and signage
Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.
Join The Bluebook Club!
Appellate PracticeAre you interested in networking and socializing with other members of the North Carolina Bar Association’s Appellate Practice Section? COVID-19 has restricted our ability to host meet-and-greet and other social events in person, but the Appellate Practice Section is excited to unveil The Bluebook Club as a virtual way for appellate lawyers to connect. Sign up now to join a small group of other appellate-minded attorneys during one or more Zoom social meetings. You can choose one of the two dates below — or, better yet, join us for both. Each registrant will be assigned into a small group of 3-6 other participants for a fun, quick discussion over the lunch break. No need to fear those dreaded, awkward Zoom silences we’ve all come to know too well — we’ll provide appellate-oriented icebreakers to kick-start your discussion. We look forward to seeing you!
Read more
This Week’s Court of Appeals Opinions
Administrative LawKrishnan v. NC Dep’t of Health & Hum. Servs (20-107 – Published) Author: Judge Richard Dietz
State employee grievance; administrative law; time period to petition for contested case.
ALJ, on own initiative, dismissed petition for contested case hearing as untimely per GS 150B-23(f). Parties appealed, saying St. Human Resources Act, GS 126-34.02 applied; therefore, statute of limitations began to run when employee received agency decision, not when it was mailed. Court agreed with the parties, reversed and remanded.
Green v. Howell (20-204 – Published) Author: Judge Allegra Collins
Public official immunity; sufficiency of the complaint; malice or corruption.
Trial court’s order denying City Council Manager’s motion to dismiss on grounds of public official immunity is reversed.
Read more