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Rule 55 – Default

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

(a) Entry. – When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney for the...

Rule 4 – Enlargement of Time

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

The judge or clerk of the court in which the action is pending may by order extend the time for filing answer.When counsel, by consent under Rule 6(b), agree upon an enlargement of time, the agreement shall be reduced to writing and filed with the clerk.N.C. R. Prac....

Rule 54 – Judgments

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

(a) Definition. – A judgment is either interlocutory or the final determination of the rights of the parties.(b) Judgment upon multiple claims or involving multiple parties. – When more than one claim for relief is presented in an action, whether as a...

Rule 3.1 – Guidelines for Resolving Scheduling Conflicts

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

(a) In resolving scheduling conflicts when an attorney has conflicting engagements in different courts, the following priorities should ordinarily prevail: 1. Appellate courts should prevail over trial courts.2. Any of the trial court matters listed in this...

Section 15-153 – Bill or warrant not quashed for informality

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

Every criminal proceeding by warrant, indictment, information, or impeachment is sufficient in form for all intents and purposes if it express the charge against the defendant in a plain, intelligible, and explicit manner; and the same shall not be quashed, nor the...