{
  "id": 8358074,
  "name": "GEORGE W. MURROW v. DONNA CAMPBELL MURROW",
  "name_abbreviation": "Murrow v. Murrow",
  "decision_date": "1987-09-15",
  "docket_number": "No. 8722DC141",
  "first_page": "174",
  "last_page": "175",
  "citations": [
    {
      "type": "official",
      "cite": "87 N.C. App. 174"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2107,
    "ocr_confidence": 0.8,
    "sha256": "0e51213151c0660a7bcf0070a4579426b20caf4d9f3b267448be93e16f38edc5",
    "simhash": "1:f2eb9117695a99d3",
    "word_count": 338
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  "last_updated": "2023-07-14T18:10:55.356094+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges ARNOLD and ORR concur."
    ],
    "parties": [
      "GEORGE W. MURROW v. DONNA CAMPBELL MURROW"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Chief Judge.\nPlaintiff contends the trial court erred in ruling that no oral evidence would be taken in this equitable distribution action and that only affidavits would be considered in determining the issues raised. We agree.\nRule 43(a) of the Rules of Civil Procedure provides:\nIn all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules.\nNowhere in the Rules of Civil Procedure does it provide otherwise for the taking of evidence in trials of claims for equitable distribution. The trial court may not by rule or otherwise deprive the parties in an equitable distribution trial of the opportunity to present oral testimony in open court. Obviously, the parties may waive their rights to cross examine or present oral testimony in open court in the trial of equitable distribution cases.\nThe order entered 30 September 1986 must be vacated and the cause remanded for a new trial on the claim of equitable distribution.\nVacated and remanded.\nJudges ARNOLD and ORR concur.",
        "type": "majority",
        "author": "HEDRICK, Chief Judge."
      }
    ],
    "attorneys": [
      "Hamel, Helms, Cannon, Hamel & Pearce, P.A., by Thomas R. Cannon and A. Elizabeth Green, for plaintiff, appellant.",
      "Pope, McMillan, Gourley, Kutteh & Parker, by David P. Parker, for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "GEORGE W. MURROW v. DONNA CAMPBELL MURROW\nNo. 8722DC141\n(Filed 15 September 1987)\nDivorce and Alimony 8 30\u2014 equitable distribution \u2014 refusal of court to hear oral evidence \u2014 error\nThe trial court in an equitable distribution action erred in ruling that no oral evidence would be taken and that only affidavits would be considered in determining the issues raised. N.C.G.S. \u00a7 1A-1, Rule 43(a).\nAppeal by plaintiff from Fuller, Judge. Order entered 30 September 1986 in District Court, Iredell County. Heard iii the Court of Appeals 2 September 1987.\nThe record before us discloses the following: On 20 December 1984 a judgment was entered in Iredell County, North Carolina, absolutely divorcing plaintiff and defendant. On 30 September 1986 the court made findings of fact and conclusions of law and entered an order of equitable distribution. Plaintiff appealed.\nHamel, Helms, Cannon, Hamel & Pearce, P.A., by Thomas R. Cannon and A. Elizabeth Green, for plaintiff, appellant.\nPope, McMillan, Gourley, Kutteh & Parker, by David P. Parker, for defendant, appellee."
  },
  "file_name": "0174-01",
  "first_page_order": 202,
  "last_page_order": 203
}