CONTEMPTCONTEMPT

Hogan v. Cone Mills Corp.Hogan v. Cone Mills Corp., 315 N.C. 127, 137, , 315 N.C. 127, 137, 337 S.E.2d 477, 483 (1985)337 S.E.2d 477, 483 (1985)

Heib v. Howell’s Child Care Center, IncHeib v. Howell’s Child Care Center, Inc., 123 ., 123 N.C. App. 61, 472 S.E.2d 208, N.C. App. 61, 472 S.E.2d 208, disc. review disc. review denieddenied, 345 N.C. 179, 479 S.E.2d 204 (1996), 345 N.C. 179, 479 S.E.2d 204 (1996)

CONTEMPTCONTEMPT

(a) orders requiring payment of disability (a) orders requiring payment of disability compensation, including failure to reinstate.compensation, including failure to reinstate.

(b) orders for payment of medical treatment or (b) orders for payment of medical treatment or providing medical treatment; and providing medical treatment; and

(3) discovery orders. (3) discovery orders.

ADMINISTRATIVE APPEALSADMINISTRATIVE APPEALS

General PropositionGeneral Proposition

AllAll Administrative Orders appealed from the Administrative Orders appealed from the Executive Secretary’s Office to the Deputy Executive Secretary’s Office to the Deputy Commissioner Section are enforceable while on Commissioner Section are enforceable while on appeal absent a stay except for appeal absent a stay except for Expedited Expedited Medical MotionMedical Motion appeals and Emergency Medical appeals and Emergency Medical Motion Appeals. Motion Appeals.

DISCOVERYDISCOVERY

SANCTIONS, INCLUDING CONTEMPTSANCTIONS, INCLUDING CONTEMPT

Sanctions hearings preferred over contempt hearings Sanctions hearings preferred over contempt hearings except egregious failures. except egregious failures.

In addition to the parties being subject to contempt, In addition to the parties being subject to contempt, failure to comply with discovery orders failure to comply with discovery orders places places both both plaintiff’s counsel and defense counselplaintiff’s counsel and defense counsel at risk of at risk of being personally subject to assessment of attorney’s being personally subject to assessment of attorney’s fees for the failure of a party to comply with a fees for the failure of a party to comply with a discovery order.discovery order.

CHAPTER 5ACHAPTER 5A

trict Compliance With Pleading Requirementstrict Compliance With Pleading Requirements

he litany he litany

The order remains in force;The order remains in force;

he purpose of the order may still be served by compliance he purpose of the order may still be served by compliance with the order; with the order;

he noncompliance by the person to whom the order is he noncompliance by the person to whom the order is directed is willful; anddirected is willful; and

he person to whom the order is directed is able to comply he person to whom the order is directed is able to comply with the order or is able to take reasonable measures that with the order or is able to take reasonable measures that would enable the person to comply with the order.would enable the person to comply with the order.

CHAPTER 5ACHAPTER 5A

he litany he litany

The order remains in force;The order remains in force; The purpose of the order may still be served by The purpose of the order may still be served by

compliance with the order; compliance with the order; The noncompliance by the person to whom the order is The noncompliance by the person to whom the order is

directed is willful; anddirected is willful; and The person to whom the order is directed is able to The person to whom the order is directed is able to

comply with the order or is able to take reasonable comply with the order or is able to take reasonable measures that would enable the person to comply with measures that would enable the person to comply with the order.the order.

CHAPTER 5ACHAPTER 5A

he OATHhe OATH

he he orderorder or notice may be issued on the or notice may be issued on the motion and sworn statement or affidavit of motion and sworn statement or affidavit of one with an interest in enforcing the order, one with an interest in enforcing the order, including a judge, and a finding by the including a judge, and a finding by the judicial official of probable cause to believe judicial official of probable cause to believe there is civil contempt.there is civil contempt.

CHAPTER 5ACHAPTER 5A

he HEARINGhe HEARING

aleigh, once a month. aleigh, once a month.

efendants choose representative. efendants choose representative.

f settled, consent orderf settled, consent order

NONINSUREDNONINSURED

usiness Formusiness Form

ervice, Service, Serviceervice, Service, Service

Questions?Questions?