Rule 10 – Form of pleadings

by | May 14, 2021 | Civil Procedure, North Carolina

(a) Caption; names of parties. – Every pleading shall contain a caption setting forth the division of the court in which the action is filed, the title of the action, and a designation as in Rule 7(a). In the complaint the title of the action shall include the...

Rule 9 – Pleading special matters

by | May 14, 2021 | Civil Procedure, North Carolina

(a) Capacity. – Any party not a natural person shall make an affirmative averment showing its legal existence and capacity to sue. Any party suing in any representative capacity shall make an affirmative averment showing his capacity and authority to sue. When a...

Rule 8 – General rules of pleadings

by | May 14, 2021 | Civil Procedure, North Carolina

(a) Claims for relief. – A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim shall contain (1) A short and plain statement of the claim sufficiently particular to give the court and the...

Rule 7 – Pleadings allowed; motions

by | May 14, 2021 | Civil Procedure, North Carolina

(a) Pleadings. – There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned under the...

Rule 6 – Time

by | May 14, 2021 | Civil Procedure, North Carolina

(a) Computation. – In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, including rules, orders or statutes respecting publication of notices, the day of the act, event, default or publication...