North Carolina General Statutes Chapter 1A Rules of Civil Procedure

Article - Section

N.C. Gen. Stat. § 1A-1. Rules of Civil Procedure
The Rules of Civil Procedure are as follows:

Article 1 - Scope of Rules - One Form of Action.

N.C. Gen. Stat. § 1. Scope of rules
These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of...
N.C. Gen. Stat. § 2. One form of action
There shall be in this State but one form of action for the enforcement or protection of private rights or the redress of private...

Article 2 - Commencement of Action; Service of Process, Pleadings, Motions, and Orders.

N.C. Gen. Stat. § 3. Commencement of action
(a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original...
N.C. Gen. Stat. § 4. Process
(a) Summons - Issuance; who may serve. - Upon the filing of the complaint, summons shall be issued forthwith, and in any event within...
N.C. Gen. Stat. § 5. Service and filing of pleadings and other papers
(a) Service of orders, subsequent pleadings, discovery papers, written motions, written notices, and other similar papers - When required. - Every order required by...
N.C. Gen. Stat. § 6. Time
(a) Computation. - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute,...

Article 3 - Pleadings and Motions.

N.C. Gen. Stat. § 7. Pleadings allowed; motions
(a) Pleadings. - There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim,...
N.C. Gen. Stat. § 8. General rules of pleadings
(a) Claims for relief. - A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim shall...
N.C. Gen. Stat. § 9. Pleading special matters
(a) Capacity. - Any party not a natural person shall make an affirmative averment showing its legal existence and capacity to sue. Any party...
N.C. Gen. Stat. § 10. Form of pleadings
(a) Caption; names of parties. - Every pleading shall contain a caption setting forth the division of the court in which the action is...
N.C. Gen. Stat. § 11. Signing and verification of pleadings
(a) Signing by Attorney. - Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least...
N.C. Gen. Stat. § 12. Defenses and objections; when and how presented; by pleading or motion; motion for judgment on pleading
(a) (1) When Presented. - A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A...
N.C. Gen. Stat. § 13. Counterclaim and crossclaim
(a) Compulsory counterclaims. - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has...
N.C. Gen. Stat. § 14. Third-party practice
(a) When defendant may bring in third party. - At any time after commencement of the action a defendant, as a third-party plaintiff, may...
N.C. Gen. Stat. § 15. Amended and supplemental pleadings
(a) Amendments. - A party may amend his pleading once as a matter of course at any time before a responsive pleading is served...
N.C. Gen. Stat. § 16. Pre-trial procedure; formulating issues
(a) In any action, the court may in its discretion direct the attorneys for the parties to appear before the court for a conference...

Article 4 - Parties.

N.C. Gen. Stat. § 17. Parties plaintiff and defendant; capacity
(a) Real party in interest. - Every claim shall be prosecuted in the name of the real party in interest; but an executor, administrator,...
N.C. Gen. Stat. § 18. Joinder of claims and remedies
(a) Joinder of claims. - A party asserting a claim for relief as an original claim, counterclaim, cross claim, or third-party claim, may join,...
N.C. Gen. Stat. § 19. Necessary joinder of parties
(a) Necessary joinder. - Subject to the provisions of Rule 23, those who are united in interest must be joined as plaintiffs or defendants;...
N.C. Gen. Stat. § 20. Permissive joinder of parties
(a) Permissive joinder. - All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in...
N.C. Gen. Stat. § 21. Procedure upon misjoinder and nonjoinder
Neither misjoinder of parties nor misjoinder of parties and claims is ground for dismissal of an action; but on such terms as are just...
N.C. Gen. Stat. § 22. Interpleader
(a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the...
N.C. Gen. Stat. § 23. Class actions
(a) Representation. - If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such...
N.C. Gen. Stat. § 24. Intervention
(a) Intervention of right. - Upon timely application anyone shall be permitted to intervene in an action: (1) When a statute confers an unconditional...
N.C. Gen. Stat. § 25. Substitution of parties upon death, incompetency or transfer of interest; abatement
(a) Death. - No action abates by reason of the death of a party if the cause of action survives. In such case, the...

Article 5 - Depositions and Discovery.

N.C. Gen. Stat. § 26. General provisions governing discovery
(a) Discovery methods. - Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written...
N.C. Gen. Stat. § 27. Depositions before action or pending appeal
(a) Before action. - (1) Petition. - A person who desires to perpetuate that person's own testimony or the testimony of another person regarding...
N.C. Gen. Stat. § 28. Persons before whom depositions may be taken
(a) Within the United States. - Within the United States or within a territory or insular possession subject to the dominion of the United...
N.C. Gen. Stat. § 29. Stipulations regarding discovery procedure
Unless the court orders otherwise, the parties may by written stipulation (i) provide that depositions may be taken before any person, at any time...
N.C. Gen. Stat. § 30. Depositions upon oral examination
(a) When depositions may be taken. - After commencement of the action, any party may take the testimony of any person, including a party,...
N.C. Gen. Stat. § 31. Depositions upon written questions
(a) Serving questions; notice. - After commencement of the action, any party may take the testimony of any person, including a party, by deposition...
N.C. Gen. Stat. § 32. Use of depositions in court proceedings
(a) Use of depositions. - At the trial or upon the hearing of a motion or an interlocutory proceeding or upon a hearing before...
N.C. Gen. Stat. § 33. Interrogatories to parties
(a) Availability; procedures for use. - Any party may serve upon any other party written interrogatories to be answered by the party served or,...
N.C. Gen. Stat. § 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes
(a) Scope. - Any party may serve on any other party a request (i) to produce and permit the party making the request, or...
N.C. Gen. Stat. § 35. Physical and mental examination of persons
(a) Order for examination. - When the mental or physical condition (including the blood group) of a party, or of an agent or a...
N.C. Gen. Stat. § 36. Requests for admission; effect of admission
(a) Request for admission. - A party may serve upon any other party a written request for the admission, for purposes of the pending...
N.C. Gen. Stat. § 37. Failure to make discovery; sanctions
(a) Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an...

Article 6 - Trials.

N.C. Gen. Stat. § 38. Jury trial of right
(a) Right preserved. - The right of trial by jury as declared by the Constitution or statutes of North Carolina shall be preserved to...
N.C. Gen. Stat. § 39. Trial by jury or by the court
(a) By jury. - When trial by jury has been demanded and has not been withdrawn as provided in Rule 38, the action shall...
N.C. Gen. Stat. § 40. Assignment of cases for trial; continuances
(a) The senior resident superior court judge of any superior court district or set of districts as defined in G.S. 7A-41.1 may provide by...
N.C. Gen. Stat. § 41. Dismissal of actions
(a) Voluntary dismissal; effect thereof. - (1) By Plaintiff; by Stipulation. - Subject to the provisions of Rule 23(c) and of any statute of...
N.C. Gen. Stat. § 42. Consolidation; separate trials
(a) Consolidation. - Except as provided in subdivision (b)(2) of this section, when actions involving a common question of law or fact are pending...
N.C. Gen. Stat. § 43. Evidence
(a) Form. - In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules. (b)...
N.C. Gen. Stat. § 44. Proof of official record
(a) Authentication of copy. - An official record or an entry therein, when admissible for any purpose, may be evidence by an official publication...
N.C. Gen. Stat. § 44.1. Determination of foreign law
A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or by other reasonable...
N.C. Gen. Stat. § 45. Subpoena
(a) Form; Issuance. - (1) Every subpoena shall state all of the following: a. The title of the action, the name of the court...
N.C. Gen. Stat. § 46. Objections and exceptions
(a) Rulings on admissibility of evidence. - (1) When there is objection to the admission of evidence on the ground that the witness is...
N.C. Gen. Stat. § 47. Jurors
Inquiry as to the fitness and competency of any person to serve as a juror and the challenging of such person shall be as...
N.C. Gen. Stat. § 48. Juries of less than twelve - majority verdict
Except in actions in which a jury is required by statute, the parties may stipulate that the jury will consist of any number less...
N.C. Gen. Stat. § 49. Verdicts
(a) General and special verdicts. - The judge may require a jury to return either a general or a special verdict and in all...
N.C. Gen. Stat. § 50. Motion for a directed verdict and for judgment notwithstanding the verdict
(a) When made; effect. - A party who moves for a directed verdict at the close of the evidence offered by an opponent may...
N.C. Gen. Stat. § 51. Instructions to jury
(a) Judge to explain law but give no opinion on facts. - In charging the jury in any action governed by these rules, a...
N.C. Gen. Stat. § 52. Findings by the court
(a) Findings. - (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the...
N.C. Gen. Stat. § 53. Referees
(a) Kinds of reference. - (1) By Consent. - Any or all of the issues in an action may be referred upon the written...

Article 7 - Judgment.

N.C. Gen. Stat. § 54. Judgments
(a) Definition. - A judgment is either interlocutory or the final determination of the rights of the parties. (b) Judgment upon multiple claims or...
N.C. Gen. Stat. § 55. Default
(a) Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to...
N.C. Gen. Stat. § 56. Summary judgment
(a) For claimant. - A party seeking to recover upon a claim, counterclaim, or crossclaim or to obtain a declaratory judgment may, at any...
N.C. Gen. Stat. § 57. Declaratory judgments
The procedure for obtaining a declaratory judgment pursuant to Article 26, Chapter 1, General Statutes of North Carolina, shall be in accordance with these...
N.C. Gen. Stat. § 58. Entry of judgment
Subject to the provisions of Rule 54(b), a judgment is entered when it is reduced to writing, signed by the judge, and filed with...
N.C. Gen. Stat. § 59. New trials; amendment of judgments
(a) Grounds. - A new trial may be granted to all or any of the parties and on all or part of the issues...
N.C. Gen. Stat. § 60. Relief from judgment or order
(a) Clerical mistakes. - Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may...
N.C. Gen. Stat. § 61. Harmless error
No error in either the admission or exclusion of evidence and no error or defect in any ruling or order or in anything done...
N.C. Gen. Stat. § 62. Stay of proceedings to enforce a judgment
(a) Automatic stay; exceptions - Injunctions and receiverships. - Except as otherwise stated herein, no execution shall issue upon a judgment nor shall proceedings...
N.C. Gen. Stat. § 63. Disability of a judge
If by reason of death, sickness or other disability, resignation, retirement, expiration of term, removal from office, or other reason, a judge before whom...

Article 8 - Miscellaneous.

N.C. Gen. Stat. § 64. Seizure of person or property
At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of...
N.C. Gen. Stat. § 65. Injunctions
(a) Preliminary injunction; notice. - No preliminary injunction shall be issued without notice to the adverse party. (b) Temporary restraining order; notice; hearing; duration....
N.C. Gen. Stat. § 66 through Rule 67. Omitted
N.C. Gen. Stat. § 68. Offer of judgment and disclaimer
(a) Offer of judgment. - At any time more than 10 days before the trial begins, a party defending against a claim may serve...
N.C. Gen. Stat. § 68.1. Confession of judgment
(a) For present or future liability. - A judgment by confession may be entered without action at any time in accordance with the procedure...
N.C. Gen. Stat. § 69. Omitted
N.C. Gen. Stat. § 70. Judgment for specific acts; vesting title
If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other...
N.C. Gen. Stat. § 71 through Rule 83. Omitted
N.C. Gen. Stat. § 84. Forms
The following forms are sufficient under these rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate: (1)...

Last modified: March 23, 2014