The Superior Court handles criminal and civil cases. Each type of case has its own separate term of court. In a criminal term of court, the presiding judge sentences defendants who plead guilty to crimes or who have been adjudicated guilty by a jury. In a civil term, the presiding judge oversees trials that involve disputes between parties with a jurisdictional amount that exceeds $10,000. Are the criminal terms and trials more contentious than the civil matters? Normally, No! Even though the attorneys in criminal terms represent opposing clients, the State of North Carolina and the defendant, they have to see and deal with each other week after week on other cases, so the attorneys have learned that it pays to be respectful and patient with each other. Most civil attorneys seldom have additional trials against each other, so its no holds barred and lets go for the legal knockout punch.
     Civil cases go through mediation. After a case is filed this process allows both parties to present their side of the case to a trained mediator, usually another attorney or a retired judge, who will recognize and explain the strengths and weaknesses of each side and try to get the parties to agree on a settlement. Fortunately, around 30% of civil cases get disposed through mediation without having a trial in Superior Court. This expedites disposal of cases and saves time, expense, and attorney fees for the litigants.
     When a case is not settled there are discovery and disposition rules that allow each party to know pretty much what the opposing party's case is all about, the names of the witnesses they will call and what the witness will say on the stand. A usual constant source of contention between the parties is the amount and content of discovery each side is asked to provide to the other and whether it is relevant. It is in these matters that attorneys sometimes lose civility with one another, stonewall the release of the requested answers or documents, and bring motions before the court demanding sanctions against the opposing party for failing to follow the rules of discovery. The remedies for intentional, willful violations could be the court awarding attorneys fees to the prevailing side, striking an answer, or even the drastic act of dismissing the violating party's cause of action.
     Decades ago attorneys could agree on such pre-trial matters by a just a phone call or a handshake. In our litigious and less civil society, such trust and confidence between attorneys is rarely seen. The court must now take a more active role in resolving such issues. In New Hanover County there is one civil non-jury term of court a month devoted solely to hearing pre-trial motions filed by attorneys for among other things; summary judgment, to dismiss the other side's case, to determine the scope of discovery requests, and to rule on discovery sanctions. A decade ago motions could be heard during a regular civil term on Monday morning before calling the first case for trial. Sadly, the court in many ways mirrors what is presently going on in society. Call your next case.

Opinions expressed in this article are solely that of this writer and are not the official position of the Conference of Superior Court Judges. Readers with questions about the Judicial System may send inquiries to the Weekly News to be responded to by Judge Hockenbury or send the judge an e-mail at www.judgejayhockenbury.com .