Transcription of ONE TRIAL JUDGE OVERRULING ANOTHER
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ONE TRIAL JUDGE OVERRULING ANOTHER
1 ONE TRIAL JUDGE OVERRULING ANOTHER Michael Crowell UNC School of Government April 2014 1. General rule The general rule is that one TRIAL JUDGE may not modify or overrule an order entered by ANOTHER TRIAL JUDGE on a matter of law. If the order is about a matter of discretion rather than a matter of law, the second JUDGE may modify it, but only if there has been a substantial change in circumstances. There are exceptions to the general rule. In a few circumstances a statute or rule specifically authorizes modification of an earlier order. Also, some matters of TRIAL procedure are left to the discretion of the TRIAL JUDGE regardless of any earlier rulings by other judges.
a. The second judge’s decision on summary judgment was void because it was based on the same legal issue as the first judge’s decision denying a motion to dismiss. Adkins v. Stanly County Board of Education, 203 N.C. App. 642, 647-48 (2010). Although the two motions differed, the linchpin legal issue for each was whether the
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