Civil Procedure Card Additions – NC

Cards 9-14: No additions, this is a federal law review

Cards 20: Service of ProcessTiming:

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: ComplaintRequirements:

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: AnswerTiming: 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 JudgmentRefer to Summary Judgment handout in class to note the difference in NC vs. Federal