Newspapers / Winston-Salem Chronicle (Winston-Salem, N.C.) / Oct. 3, 1974, edition 1 / Page 2
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PAGE 2 * " Conclusion - Hi ? Ma^ THE TRIAL On the day of the trial, get to court on time and be sure to bring all papers, documents and prove your case. Remind your witnesses to come, for if they don't and the other party is ready for trail, the magistrate is not - likely to grant a_po?tnnno?npnt _ '/h -any*^ witnesses,ana ^e magistrate will probably be the only j>ersons present. There will be no jury. The magistrate will . tell you what you are expected to do. A&a first order of business, the magistrate will ask you to take an oath and then state your4 case. Just tell your story simply and truthfully. Present the evidence you think will help prove your ^ case. The magistrate may ask you some Questions, and the person you're suing will be allowed to ask you questions about the issiipe r?icpH hv unur laurcnit .WWyM ? J V?*? ?M Tf MUIIX Then your witnesses will, testify and may be asked questions."-4 v The magistrate will then give the person you're suing an opportunity to talk. This person's viewpoint, and story, may be quite 4iffer,snt.. from yqurs>. Witnesses may say things to support the other party. ' However, you can ask questions of anyone who presents evidence for the other side. Rememberthat questions must be limited to facts relating to the issues oLthe lawsuit. After hearing each witness, and. observing the evidence, the magistrate reaches a decision. The magistrate may give the judgment immediately, or take up to 10 days to consider some legal. question involved in your case. If there is a delay, you can call or go to the courthouse to find out the decision. If you have proved your claim "by the greater weight of the evidence" the decision will be in your favor. If not, the judgment will be that your case is /'dismissed." ** t ( i WHATTO DO WHEN SOMEONE SUES YOU It is not complicated or difficult to defend yourself in Magistrate's Court. Yoti have the same rights ^ and privileges as the person suing you. Reading the first part of this booklet will give you an understanding of how you became involved in this lawsuit. You should prepare for the hearing just as the other person ?will. Decide first whether you will need a lawyer. If you believe that you do have some obligation to the person t * suing you, try to pay the debt or , arrange some way to settle the controversy before the trail. If the matter is settled, be sure the person suing you notifies the magistrate or the Clerk of Court and has the case dismissed. If you believe th&t you do not owe anything to the person suing you, or that you owe less than the y amount claimed, do not pay just to avoid going to court. You could win the case when the magistrate hears both sides of the dispute. You may present your side of the story in wnting if you wish. It is not usually done. Your written "answer" should discuss briefly any defenses you have. It must be filed with the clerk before the trial; However, your written answer will not be used as evidence or substitute for your personal appearance in court. If you have a claim against the person who sues you, a written %tcountercalimM t:an be filed as part of your anser. However, if you claim more than $300, you must sue for it in the District .?, e Trial istratef Court.. A landlord . may ? seek unpaid rent or money for property damage, and the tenant sued might ask for the return of a security deposit as a counterclaim. Two motorists ?might each claim thai minor car repairs were caused by the negligence of the other; if one sues, the other may file a counterclaim. v If you think some other person _ ]k? '' this person into the suit. This could happen if a neighbor damages a car you have leased, and the leasing company sues . you. When such a "third party defendant" needs to be included, you will normally require the services o&$ lawyer. Being in court on the day of the trial is important. If you're not able to be'there at the time and date set, notify the magistrate or the Clerk of Court; they may be able to schedule the trial for another, more rnnvnniont tinu? ' Collect any documents, letters, ; .xi * receipts, or ouier evidence youmay have to support ynnr case. _ If you have witnesses who will testify for you, ask them to come with you to tell the court what they know about your case. If they won't come voluntarily, or tell you that they don't want to n,- ome,-hut- will-tf required*-youcan get subpoenas from the clerk's office directing them to aDDear in court at a certain time and give information. On'ttie day of the hearing, bring your evidence and witnesses. If the. other person presents evidence which the magistrate believes proves a claim..Against you, then you will tell your story to the magistrate. Should"you fail to appear, the magistrate may decide the case in favor of the other person without -hearing your side of the story. If the other party has failed to prove the claim, or you present an adequte case and the magistrate rules in your favor, the trial is over. AFTER THE TRIAL After the magistrate makes the decision, this "judgment" is recorded in the office of the clerk . as a permanent record of the* county?in which the trialoccurred. The judgment usually. says that one person owes ; another something, in most cases t money, or that the case is i dismissed. The losing party can appeal the 1 ? mm I :* i I BlHK I Return of 1 I -'P7.1 I HELD ON I THE 2nd I uvv-w^ -?>- ? %x^<>?^v/<v.:vvv * ?-?jP> % WINSTON-SALEM CHRONICLE s Gourt \ decision. To appeal, you must notify the magistrate when the judgment is announced, or fihre written notice within 10 - days after the judgment is given. An appeal hnnri is rpqnirpH nf tho losing party to delay collection of money or property if ordered by the magistrate's judgment. ...A new ? trial may then.beobtained in the EX strict Court. It would proceed as if no previous trial n?^ th? issues hfld heewconducted, although each party might be better prepared for the evidence presented by the other side. By request, a jury may A&T Req V A Record GREENSBORO. N.C. - The staters Advisorv ftudset Commission Thursday was asked for a record $22 million for capital improvement projects for - A&T State University for the next two years. Chancellor Dr. Lewis C. Dowdy presented the requests to the group at a meeting on tlfe A&T campus. . Dowdy said the new funds, if granted would be used for a new social science building, preschool laboratory, arts and humanities center and other much needed facilities. After the meeting the legislators toured the A&T campus. Dr. Dowdy told the visiting legislator that "A&T wants to Qprt/p at tho hiahacf naalr " wv* V v Ma Miv lUgllVUl pval\i "We have over 4,900 students now," said Dowdy, "and we shall probably reach 5,700 within a few, years. We would like to cut off at 6,000, but we don't know what the people will say about that." Dowdy said that the university has requested new programs in industrial engineering, industrial management and is studying the - feasibility - of - offering civil engineering. He said the new funds would be used for a new administration building at a cost of $2,290,000, an ? educational and community services building at $1,193,000, and for renovation of F.D. Bluford Library at a cost of #o cnn AAA T\ 1-- ? * '' ?o,ouu,uuu. uoway saia mat $4,675,000 of the $22 million would be absorbed by self-liquidating projects. ^ ^ 'XvX*X I I 'X*X*X*I I W . I W v.v.'.vH r .v.v.w.B v I 3| p^giigi^ipp:x>:|:^ I c Lee i| Tie Dragon m V.V.V.VB p vXvXvB ' w.v.wB " .v'v'v IMS Juper-Human Beast of the East! :;l YMMSZE ! v "CHINKSE J 7 IIKRCIII.ES" I ~ r^-\ A HOf19 ROn9 Koi ^ Color iC\ *J' M^l a Notonol G?nefol Pcturw JWeos* I /BR FOR I BIG WEEK I t'VAWV.W/V,,Al v?n ? H M V And 1 decide the facts which are disputed. ..... Proceedings^ District Court are more formal, lengthy, and ,expensive. The papers which - must be filed are not available as forms- from the clerk*. And, because most people cannot take the time to learn the rules of - District Court and how to handle their own cases, they find it necessary to employ an attorney. be used to collect money or property as ordered by the magistrate's Judgment - if the losing party does not comply [uests sum Trustee BuriedHEn San ford .. Sanford, N .C. -^W.B. Wicker, a trustee emeritus of A&T State University and retired school principal died here September 26 in Lee County Hospital after a long illness. A funeral service was held September 30 at 4 p.m. in Fair Promise AME Zion Church. A native of Sanford, Mr. Wicker served on the A&T board of trustees from 1967 to 1973. He retired as principal of W.B. Wicker School after serving as an educator 39 years. A snn nf thp lato TTccdv onH m a#vai w> ?IIV *M*V A^WWVA H1IVI Mrs. Lucy Wicker, he was graduated from Virginia Seminary and Atlanta University. Hprtfsurvived by his widow, two nieces and a nephew. Patronize Equal Opportunity Advertisers I BANTAM I FOOD ( I MARKET This Week FRESH NECKBOr BACKBONES & R HAM BONES . . FRESH GREENS . * Ban ? Food A > % rr 835 Noi Open^ a.rr V?V?%VV?VAV?\V?V.V#\\V.VA / THURSDAY, OCTOBER 3, 1974 , -?y * Sfou o * voluntarily. This is called ^ an -? "execution" of the judgment. It - ' can he Initiated in ihe clerk'a office, and the procedure is carried out by the sheriff's office^ Basically, it involves the taking and sale of property to satisfy the judgment ol the court. If the person who owes money cannot afford to pay, there is no way, tn execute judgment f?nd?_ the court. Nevertheless, the,? judgment debt will remain on record and may be paid at a later time by the debtor. cr A JU/i * Continued from page 1 9 ^ . 1 i?^=g^fcags^=aggg=^g:===:= ^ * discuss the housing and enrollment, the school judiciary ?system,?name the?elected uofficials of the SGA, discuss the new majors and courses offered at WSSU this semester, the Continuing Education Program, cabarets, etc. '.'The feature will b? different for each.-program and will provide human interest, entertainment, and interviews. "Our?first feature?will be entitled "The Freshman Point of View". The freshmen will give views on housing, curriculum, school atmosphere and the city of Winston-Salem. "The sports program will consist of scores from athletic events, interviews with coaches and players, and the player of the week (each week an outstanding player will be chosen-Ram of the Week). STAFF MEMBERS Chuck Barnes Robert Eller Sharon Fonville "Jerry Harris : Fred Lee Ray William ' Mickey Flowers ~ Jim McEachren Johnny Wilson if 's Specials JES .... 49* LB (IBS 90* LB 40' lb. 49- LB. i tam Aarket thwest Blvd. i. '*il 10 p.m. ? i M * ? I ? * 4 i * >
Winston-Salem Chronicle (Winston-Salem, N.C.)
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Oct. 3, 1974, edition 1
2
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