State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-394

§ 1‑394.  Contestedspecial proceedings; commencement; summons.

Special proceedings againstadverse parties shall be commenced as is prescribed for civil actions. Thesummons shall notify the defendant or defendants to appear and answer thecomplaint, or petition, of the plaintiff within 10 days after its service uponthe defendant or defendants, and must contain a notice stating in substancethat if the defendant or defendants fail to answer the complaint, or petition,within the time specified, plaintiff will apply to the court for the reliefdemanded in the complaint, or petition. The summons must run in the name of theState, and be dated and signed by the clerk, assistant clerk or deputy clerk ofthe superior court having jurisdiction in the special proceeding, and bedirected to the defendant or defendants, and be delivered for service to someproper person, as defined by Rule 4(a) of the Rules of Civil Procedure. Theclerk shall indicate on the summons by appropriate words that the summons isissued in a special proceeding and not in a civil action. The manner of serviceshall be as is prescribed for summons in civil actions by Rule 4 of the Rulesof Civil Procedure: Provided, in partition proceedings under Chapter 46 of theGeneral Statutes or where the defendant is an agency of the federal government,or an agency of the State, or a local government, or an agency of a localgovernment, the time for filing answer or other plea shall be within 30 daysafter the date of service of summons or after the final determination of anymotion required to be made prior to the filing of an answer.  (1868‑9, c. 93, s. 4;Code, ss. 279, 287; Rev., ss. 711, 712; C.S., s. 753; 1927, c. 66, s. 5; 1929,c. 50; c. 237, s. 3; 1939, c. 49, s. 2; c. 143; 1951, c. 783; 1961, c. 363;1967, c. 954, s. 3; 1971, c. 1093, s. 17; 2009‑362, s. 2.)