​A Motion for Appropriate Relief or “MAR” is generally used to allow a defendant in a criminal matter a new trial or to vacate a guilty plea. The motion is generally filed by the defendant seeking relief after either a guilty plea or guilty verdict. Although the Motion is designed to correct an error in the legal proceeding and can be filed by either a defendant, prosecutor, or judge this article will focus on a MAR by consent between all the parties. A MAR by consent often arises from lower levels driving offenses such as speeding or driving while license revoked where the defendant pled guilty without understanding it would prevent them from obtaining a license in the future.

In 2011, North Carolina adopted the Certificate of Relief mainly to help relieve individuals from some of the collateral consequences of having a criminal record. Mainly this helps those seeking employment or housing with a criminal record who are otherwise not eligible for expunction. A Certificate of Relief does not remove a conviction from a record like an expunction, but does remove many of the collateral consequences of having a criminal record.

The Chief Justice of the North Carolina Court system has essentially postponed most normal court activity until June 1, 2020. Although the courthouse is technically open and court documents can still be filed as normal most deadlines and court dates for most cases have been continued. The main exception to this rule is Domestic Violence cases and certain ex-parte emergency child custody actions. Nobody knows for certain when the Covid-19 crisis will subside in NC or the country, but with a current lock down order in place for NC there is a strong likelihood that normal court business may not resume for months as effective social distancing inside the courthouse would be difficult to impossible.

The main points of the order issued April 2, 2020 are as follows:

Have you just been served by the sheriff or certified mail with a lawsuit in North Carolina and are freaking out about only having 30 days to file a written answer at the courthouse? Keep calm and realize you have the right to request a 30 day extension allowing you up to 60 days to file a written Answer to the Complaint with the Court.​

The process is rather straightforward and no attorney in required to request an extension pro-se or without hiring an attorney. Many counties in NC have local forms, but a generic example in Microsoft Word format is provided below for your review that can be edited to match the caption and case number for your particular case along with a certificate of service.

​A car accident in North Carolina often results in one or both drivers receiving a ticket for a moving violation. This can occur even though the officer did not witness to the wreck. A police report is generally not even admissible in court without the officer being present in court due to the hearsay rule. It is important to realize that pleading guilty to an accident ticket in NC is akin to admitting fault for the accident. With North Carolina being a contributory negligence state that mistake can preclude any opportunity to sue for your own damages even if the other driver was at fault.