the survival guide: Superior court judges' trial
notebook
Over time, most judges develop their own trial notebooks - customized collections of documents needed close at hand. This project started as an effort to help new judges build their trial notebooks by providing items that most judges would want in them. We now think it a useful resource for all judges.
Some judges may opt to use this resource online only. Others will print out the materials, in whole or part, keep them in a binder, and add other items based on individual needs. The items are arranged here in four sections: Judicial Administration & General Matters, Criminal, Civil, and Evidence. However, judges may print out and organize the materials in any way that is useful to them.
The items in bold text are ones a judge most likely will want to print and keep in a notebook. Feel free, of course, to print any papers that will be useful to you.
A number of these materials were selected or prepared by Judges Ripley Rand and Allen Baddour. We appreciate their hard work on this project. Some of the items below were taken from the North Carolina Trial Judges' Bench Book, Superior Court (3rd Ed., Institute of Government, 1999), a publication that is out of print because it is dated. Other portions of the bench book may be revised and added to this guide.
This resource is a work in progress and we plan to continue adding materials to it. Send suggestions to Michael Crowell (crowellm@sog.unc.edu) or Jessica Smith (smithj@sog.unc.edu).
JUDICIAL ADMINISTRATION AND GENERAL MATTERS
Contempt (February 2009) PDF
Essentials of Contempt (March 2009) PDF
News Media and Public Access (March 2009) PDF
Pro Hac Vice Admissions (March 2009) PDF l Word
Findings of Fact and Conclusions of Law (January 2009) PDF
Judicial Immunity (February 2008) PDF
Recusal (September 2009) PDF
One Trial Judge Overruling Another (May 2008) PDF
Out-of-Term, Out-of-Session, Out-of-County (November 2008) PDF
Functus Officio (June 2002) PDF
CRIMINAL
Grand Jury (May 2009)
- Grand Jury Foreperson Questionnaires PDF l Word
- Grand Jury Charge PDF l Word
- Grand Jury Oaths PDF
- Investigative Grand Jury Charge PDF l Word
- Grand Jury Foreperson Appointment PDF l Word
Trying a Non-Capital Criminal Case (October 2009) PDF
Arraignment in Superior Court (October 2009) PDF
Counsel Issues (March 2009) PDF
Indictments (July 2008) PDF
Guilty Pleas (March 2009) PDF
Criminal Trial in Defendant's Absence (June 2009) PDF
Motions to Suppress (January 2009) PDF
Jury Selection (March 2009) PDF
Standard Remarks to Jurors (May 2009)
- Introduction PDF l Word
- Remarks to Prospective Jurors After Excuses Heard PDF l Word
- Remarks to Jurors Before Selection of Jury in a Specific Case PDF l Word
- Remarks to Jurors After Jury Impaneled PDF l Word
- Admonitions to Jurors at Recesses PDF l Word
- Making Notes by Jurors PDF l Word
- Deposition Testimony PDF l Word
- Interrogatories PDF l Word
- Stipulations PDF l Word
- Requests for Admission PDF l Word
- Remarks to Jurors Before Charge Conference PDF l Word
- Remarks to Jurors Before Final Arguments of Counsel PDF l Word
Voir Dire (May 2009)
- Voir Dire on Pretrial and In-Court Identification PDF
- Voir Dire on Intoxilyzer PDF
- Voir Dire on Bloodhounds and Drug Sniffing Dog Evidence PDF
- Voir Dire on a Dying Declaration PDF
- Voir Dire on Incriminating Statements PDF
Jury Review of Evidence (March 2009) PDF
Extending the Session (March 2009) PDF
Closing Arguments (March 2009) PDF
Criminal Jury Instructions Checklist (March 2009) PDF
Criminal Verdicts (March 2009) PDF
Sentencing
- Sentencing Charts (May 2009) PDF
- Criminal Judgments Cheat Sheet (March 2009) PDF
- Sentencing: Prior Record Level (May 2009) PDF
- Sentencing to Jail (April 2009) PDF
- Structured Sentencing and Probation (June 2009) PDF
- DWI Sentencing (March 2009) PDF
- DWI Sentencing Chart (June 2009) PDF
- Restitution (April 2009) PDF
Sex Offenders
- Satellite-Based Monitoring of Sex Offenders (January 2009) PDF
- Sex Offender Registration and Monitoring Flow Chart (October 2009) PDF
- Sex Offender Requests to Terminate, Bring-Back Hearings (May 2009) PDF
Drivers License Revocations (April 2009) PDF
Prayer for Judgment Continued (May 2009) PDF
Attorney Fee Calculator (March 2009) PDF
Probation Violations Cheat Sheet (May 2009) PDF
Probation Violations: Jurisdiction and Related Issues (May 2009) PDF
Remand to District Court (March 2009) PDF l Word
Expunction (April 2009) PDF
Habeas Corpus (May 2009) PDF l Word
Post-Conviction: Motions for DNA Testing and for Destruction of Biological
Evidence (October 2009) PDF
Post-Conviction: Ineffective Assistance of Counsel (April 2009) PDF
CIVIL
Jury Selection (March 2009) PDF
Standard Remarks to Jurors (May 2009)
Practical Tips for Trying Medical Negligence Cases (October 2009) PDF
Breach of Fiduciary Duty Claims (October 2008) PDF
Punitive Damages (March 2009) PDF l Word
Approving Settlements (March 2009) PDF
Will Caveats (November 2009) PDF
EVIDENCE
Crawford Primer (September 2009) PDF
Evidence Issues in Medical Negligence Cases (August 2009) PDF
Special Evidentiary Issues in Sexual Assault Cases: The Rape Shield Law and
Evidence of Prior Sexual Misconduct by the Defendant (August 2009) PDF
Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses
(December 2008) PDF
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