North Carolina Statutes

Chapter 1A Rules of Civil Procedure

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

  • § 1A-1   Rules of Civil Procedure
    The Rules of Civil Procedure are as follows:
  • § 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 a...
  • § 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 wrongs,...

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

  • § 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 complaint,...
  • § 4   Process
    (a) Summons Issuance; who may serve. Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The...
  • § 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 its terms to...
  • § 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, including rules,...

Article 3 - Pleadings and Motions.

  • § 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, if the...
  • § 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 contain (1)...
  • § 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 suing in...
  • § 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 filed, the...
  • § 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 one attorney...
  • § 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 party served...
  • § 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 against any...
  • § 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 cause a...
  • § 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 or, if...
  • § 16   Pre-trial procedure; formulating issues
    (a) In any action, the judge may in his discretion direct the attorneys for the parties to appear before him for a conference to consider...

Article 4 - Parties.

  • § 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, guardian, trustee...
  • § 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, either as...
  • § 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; but if...
  • § 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 the alternative...
  • § 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 parties...
  • § 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 plaintiff...
  • § 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 of them,...
  • § 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 right to...
  • § 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 court, on...

Article 5 - Depositions and Discovery.

Article 6 - Trials.

  • § 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 the parties...
  • § 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 be designated...
  • § 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 rule...
  • § 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 this State, an...
  • § 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 in one...
  • § 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) Examination of...
  • § 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 thereof or...
  • § 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 written...
  • § 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 in which...
  • § 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 for a...
  • § 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 provided...
  • § 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 than...
  • § 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 cases may...
  • § 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 offer evidence...
  • § 51   Instructions through jury
    (a) Judge to explain law but give no opinion on facts. In charging the jury in any action governed by these rules, a judge shall...
  • § 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 facts specially...
  • § 53   Referees
    (a) Kinds of reference. (1) By Consent. Any or all of the issues in an action may be referred upon the written consent of the...

Article 7 - Judgment.

  • § 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 involving multiple...
  • § 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 default judgment...
  • § 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 time after...
  • § 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 rules,...
  • § 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 the...
  • § 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 for any...
  • § 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 be corrected...
  • § 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 or...
  • § 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 be taken for...
  • § 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 an...

Article 8 - Miscellaneous.

  • § 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 securing...
  • § 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. A temporary...
  • § 66 through Rule 67   Omitted
  • § 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 upon the...
  • § 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 prescribed...
  • § 69   Omitted
  • § 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 specific...
  • § 71 through Rule 83   Omitted
  • § 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) Complaint...