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Rule 57 – Declaratory judgments

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

The procedure for obtaining a declaratory judgment pursuant to Article 26, Chapter 1, General Statutes of North Carolina, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in...

Rule 6 – Motions in Civil Actions

by admin | May 14, 2021 | Civil Procedure, North Carolina, Superior and District Courts

All motions, written or oral, shall state the rule number or numbers under which the movant is proceeding. (See Rule 7 of Rules of Civil Procedure.)Motions may be heard and determined either at the pre-trial conference or on motion calendar as directed by the...

Section 15-155 – Defects which do not vitiate

by admin | May 14, 2021 | Criminal Procedure, North Carolina

No judgment upon any indictment for felony or misdemeanor, whether after verdict, or by confession, or otherwise, shall be stayed or reversed for the want of the averment of any matter unnecessary to be proved, nor for omission of the words “as appears by the...

Rule 56 – Summary judgment

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

(a) For claimant. – A party seeking to recover upon a claim, counterclaim, or crossclaim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by...

Rule 5 – Filing of Pleadings and Other Documents

by admin | May 14, 2021 | Civil Procedure, North Carolina, Superior and District Courts

(a)Electronic Filing. Electronic filing is available only in (i) cases that are either designated “complex business” or assigned to a Business Court judge under Rule 2.1 of these rules and (ii) cases subject to the North Carolina eFiling Pilot Project. The...