Recent Posts

The Right to Nonsuit in Virginia Litigation
Posted on 26 Mar 2015 by Lee Berlik

What is a nonsuit? Simply stated, a nonsuit is a voluntary withdrawal or dismissal of a lawsuit by the party that filed it that allows the party to bring a second suit on the same cause of action. (See Va. Code § 8.01-380 ) [ an annotated version... Read More

NC Business Court on a Barely Ever-Referenced Rule of Civil Procedure and a Host of Employment-Related Claims
Posted on 8 Apr 2015 by Mack Sperling

There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say? If you are reaching for your Rulebook, put it away. Rule 10 is titled "Form of Pleadings... Read More

Complying With the Rules Is Important in the North Carolina Business Court
Posted on 28 Jun 2014 by Mack Sperling

There's an ominous sounding sentence in a Business Court decision this week: A party practicing before the North Carolina Business Court should take the deadlines imposed by its orders and the rules of practice very seriously. Estate of Capps... Read More

A Valuable Point From the NC Business Court on Subpoenas Without Depositions
Posted on 25 Feb 2015 by Mack Sperling

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition? Maybe that question has never puzzled... Read More

North Carolina's Revised Rules Of Civil Procedure Regarding Electronically Stored Information
Posted on 2 Nov 2011 by Mack Sperling

Revisions to the North Carolina Rules of Civil Procedure became effective to actions filed on or after October 1, 2011. A blacklined version showing the changes wrought by a law titled an "Act to clarify the procedure for discovery of electronically... Read More