State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_7

Article 3.

Pleadings and Motions.

Rule 7. Pleadings allowed;motions.

(a)        Pleadings. – Thereshall be a complaint and an answer; a reply to a counterclaim denominated assuch; an answer to a crossclaim, if the answer contains a crossclaim; a third‑partycomplaint if a person who was not an original party is summoned under theprovisions of Rule 14; and a third‑party answer, if a third‑partycomplaint is served. If the answer alleges contributory negligence, a party mayserve a reply alleging last clear chance. No other pleading shall be allowedexcept that the court may order a reply to an answer or a third‑partyanswer.

(b)        Motions and otherpapers. –

(1)        An application tothe court for an order shall be by motion which, unless made during a hearingor trial or at a session at which a cause is on the calendar for that session,shall be made in writing, shall state with particularity the grounds therefor,and shall set forth the relief or order sought. The requirement of writing isfulfilled if the motion is stated in a written notice of the hearing of themotion.

(2)        The rules applicableto captions, signing, and other matters of form of pleadings apply to allmotions and other papers provided for by these rules.

(3)        A motion to transferunder G.S. 7A‑258 shall comply with the directives therein specified butthe relief thereby obtainable may also be sought in a responsive pleadingpursuant to Rule 12(b).

(4)        A motion in a civilaction filed with the superior court clerk of a county that is in a superiorcourt district consisting of more than one county or parts of more than onecounty may be heard in any county in that superior court district. The motionmay be heard at a regular civil or civil priority session of court or, with theconsent of the presiding judge, at a regular criminal or criminal prioritysession of court. A party shall not object to the hearing of the motion outsidethe county with whose superior court clerk the action was filed if the motionis heard within the superior court district where the action is pending.

(c)        Demurrers, pleas,etc., abolished. – Demurrers, pleas, and exceptions for insufficiency shall notbe used.

(d)        Pleadings not readto jury. – Unless otherwise ordered by the judge, pleadings shall not be readto the jury. (1967,c. 954, s. 1; 1971, c. 1156, s. 1; 2000‑127, s. 2; 2005‑163, s. 1.)