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  • Civil Procedure - NC Distinctions Card Additions

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    tuckerj1
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    This document provides additions and changes to Civil Procedure cards for North Carolina (NC) law compared to federal law. Key points: 1) For service of process in NC, service must be made within 60 days and extensions can be obtained, unlike federal rules. If service is mailed in NC, respondents have 45 days to respond instead of 30. 2) NC follows notice pleading for complaints, requiring sufficient particularity to give notice, while some claims like libel require additional statements of fact. 3) In NC, answers must be filed within 30 days of service or 45 days if served by publication. 4) Refer to class notes for differences in NC rules for 12b motions, discovery matters

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    NC Civil Procedure Bar Help

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    This document provides additions and changes to Civil Procedure cards for North Carolina (NC) law compared to federal law. Key points: 1) For service of process in NC, service must be made within 60 days and extensions can be obtained, unlike federal rules. If service is mailed in NC, respondents have 45 days to respond instead of 30. 2) NC follows notice pleading for complaints, requiring sufficient particularity to give notice, while some claims like libel require additional statements of fact. 3) In NC, answers must be filed within 30 days of service or 45 days if served by publication. 4) Refer to class notes for differences in NC rules for 12b motions, discovery matters

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    20 views2 pages

    Civil Procedure - NC Distinctions Card Additions

    Uploaded by

    tuckerj1
    This document provides additions and changes to Civil Procedure cards for North Carolina (NC) law compared to federal law. Key points: 1) For service of process in NC, service must be made within 60 days and extensions can be obtained, unlike federal rules. If service is mailed in NC, respondents have 45 days to respond instead of 30. 2) NC follows notice pleading for complaints, requiring sufficient particularity to give notice, while some claims like libel require additional statements of fact. 3) In NC, answers must be filed within 30 days of service or 45 days if served by publication. 4) Refer to class notes for differences in NC rules for 12b motions, discovery matters

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Civil Procedure Card Additions

    NC
    Cards 9-14: No additions, this is a federal law review
    Cards 20: Service of Process
    Timing:
    In NC, service must be made within 60 days
    Extensions of time may be obtained by Alias and Pluries Summons or
    an Endorsement
    (Federal rules do not allow for extensions of time)
    Immunities:
    NC does not allow the waiver of service
    If service is mailed, respondent has 45 days to respond, not 30

    Card 23: Complaint


    Requirements:
    NC is a notice pleading state: A short statement with sufficient
    particularity to give the court and the parties notice of the
    transactions intended to be proved
    Add Special Pleadings Requirements:
    Require statements of fact or other formalities beyond the sufficient
    particularity standard
    EX: Libel, Slander, Med Mal, K issues of capacity, fraud, mistake;
    Special Damages

    Card 24: Answer


    Timing: In NC the answer must be filed 30 days from service (or 45 if served
    by publication)

    Card 25: 12B Motions

    Refer to the 12b chart handed out in class to make any changes or additions
    Remember special rules like venue for sale of land or property disputes

    Cards 44-45: Discovery Matters

    Refer to class notes to make sure you know who can serve what on whom
    Interrogatory Limits: Federal allows 25 questions; NC allows 50

    Card 52: Summary Judgment


    Refer to Summary Judgment handout in class to note the difference in NC vs.
    Federal

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