§ 36C‑2‑205. Commencement of proceedings, pleadings, consolidation, and joinder.
(a) ContestedProceedings. Trust proceedings before the clerk of superior court broughtagainst adverse parties shall be commenced as is prescribed for civil actions.Upon the filing of the petition or complaint, the clerk of superior court shalldocket the cause as an estate matter. All parties not joined as petitionersshall be joined as respondents. The clerk of superior court shall issue thesummons for the respondents. The clerk of superior court may order thatadditional persons be joined as respondents and shall issue the summons for theadditional persons. The summons shall notify the respondents to appear andanswer the petition within 10 days after its service upon the respondents. Thesummons shall comply with the requirements set forth in G.S. 1‑394 for aspecial proceeding summons except that the clerk of superior court shallindicate on the summons by appropriate words that the summons is issued in anestate matter and not in a special proceeding or in a civil action and shall beserved upon the respondents in accordance with Rule 4 of the Rules of CivilProcedure. After the time for responding to the petition or complaint hasexpired, any party or the clerk of superior court may give notice to allparties of a hearing.
(b) UncontestedProceedings. Trust proceedings before the clerk of superior court in whichall the parties join in the proceeding shall be commenced by the filing of apetition, setting forth the facts entitling the petitioners to relief and thenature of the relief demanded. In these proceedings, the clerk of superiorcourt may hear and decide the petition summarily.
(c) Pleadings. Thepetition or complaint filed in a trust proceeding before the clerk of superiorcourt shall contain a short and plain statement of the claim which issufficiently particular to give the court and the parties notice of thetransactions, occurrences, or series of transactions, intended to be provedshowing that the pleaders entitled to relief, and a demand for judgment for therelief to which the pleader is entitled. Each averment of a pleading should besimple, concise, and direct. No technical forms of pleadings or motions arerequired. A party may set forth two or more statements of a claim or defensealternatively or hypothetically. The signature of an attorney or partyconstitutes a certificate by that attorney or party that (i) the attorney orparty has read the pleading, motion, or other paper; (ii) to the best of theattorney's or party's knowledge, information, and belief formed afterreasonable inquiry, it is well grounded in fact and is warranted by existinglaw or a good faith argument for the extension, modification, or reversal ofexisting law; and (iii) it is not interposed for any improper purpose, such asto harass or to cause unnecessary delay or needless increase in the cost oflitigation. All pleadings shall be so construed as to do substantial justice.
(d) Extensions of Time. The clerk of superior court, for cause shown at any time in the clerk'sdiscretion, with or without motion or notice, may enter an order enlarging theperiod of time within which an act is required or permitted by this Article, byany applicable Rules of Civil Procedure or by order of the court, if therequest is made before the expiration of the period originally prescribed, butnot to exceed 10 days, nor more than once. Upon motion made after theexpiration of the specified period, the clerk of superior court may permit theact where the failure to act was the result of excusable neglect.Notwithstanding any other provision of this subsection, the parties to aproceeding may enter into binding stipulations, without approval of the clerkof superior court, enlarging the time within which an act is required orpermitted by this Article, by any applicable Rules of Civil Procedure or byorder of the court, not to exceed 30 days.
(e) Rules of CivilProcedure. Unless the clerk of superior court otherwise directs, Rules 5,6(a), 6(d), 6(e), 18, 19, 20, 21, 24, and 45 of the Rules of Civil Procedureshall apply to trust proceedings. Upon motion of a party or the clerk ofsuperior court, the clerk may further direct that the following Rules of CivilProcedure shall apply: Rules 15, 16, 17, 25, 26, 27, 28, 29, 30, 31, 32, 33,34, 35, 36, and 37; however, nothing in Rule 17 requires the appointment of aguardian ad litem for a party represented except as provided under G.S. 36C‑3‑305.In applying these Rules to a trust proceeding pending before the clerk ofsuperior court, the term "judge" shall be construed as "clerk ofsuperior court."
(f) Consolidation. Whena trust proceeding pending before the clerk of superior court and a civilaction pending before the superior court division of the General Court ofJustice involve a common question of law or fact, upon the court's motion ormotion of a party to either the trust proceeding or the civil action, asuperior court judge may order a consolidation of the trust proceeding andcivil action, and the judge may make orders concerning proceedings therein asmay tend to avoid unnecessary costs or delay. Upon the entry of an orderconsolidating a trust proceeding and civil action, the jurisdiction for allmatters pending in both the trust proceeding and the civil action shall bevested in the superior court.
(g) Joinder. In anycivil action pending before a superior court division of the General Court ofJustice, a party asserting a claim for relief as an original claim,counterclaim, cross‑claim, or third‑party claim, may join, eitheras independent or as alternate claims, as many claims, legal or equitable, asthat party has against an opposing party notwithstanding the fact that theclaims may otherwise be within the exclusive jurisdiction of the clerk ofsuperior court.
(g1) Notice of Transfer. A notice to transfer a trust proceeding brought pursuant to G.S. 36C‑2‑203(a)(9)must be served within 30 days after the moving party is served with a copy ofthe pleading requesting relief pursuant to G.S. 36C‑2‑203(a)(9).Failure to timely serve a notice of transfer of a trust proceeding is a waiverof any objection to the clerk of superior court's exercise of jurisdiction overthe trust proceeding then pending before the clerk. When a notice of transferis duly served and filed, the clerk shall transfer the proceeding to theappropriate court. The proceeding after the transfer is subject to theprovisions of the General Statutes and to the rules that apply to actionsinitially filed in the court to which the proceeding was transferred.
(h) Orders UponConsolidation/Joinder/Transfer. Upon the consolidation of a trust proceedingand a civil action, joinder of claims under subsection (f) or (g) of thissection, or transfer to the Superior Court Division of the General Court ofJustice pursuant to subsection (g1) of this section, the clerk of superiorcourt or the judge may make appropriate orders to protect the interests of theparties and to avoid unnecessary costs or delay. Notwithstanding the consolidation,joinder of claims under subsection (f) or (g) of this section, or transfer tothe Superior Court Division of the General Court of Justice under subsection(g1) of this section, the clerk of superior court's exclusive jurisdiction asset forth in G.S. 36C‑2‑203(a)(1) through (8) shall not be stayedunless so ordered by the court.
(i) Notice to AttorneyGeneral. In every trust proceeding with respect to a charitable trust, theAttorney General shall be notified and given an opportunity to be heard. (2005‑192, s. 2; 2007‑106,ss. 9, 9.1, 10.)
§ 36C‑2‑205. Commencement of proceedings, pleadings, consolidation, and joinder.
(a) ContestedProceedings. Trust proceedings before the clerk of superior court broughtagainst adverse parties shall be commenced as is prescribed for civil actions.Upon the filing of the petition or complaint, the clerk of superior court shalldocket the cause as an estate matter. All parties not joined as petitionersshall be joined as respondents. The clerk of superior court shall issue thesummons for the respondents. The clerk of superior court may order thatadditional persons be joined as respondents and shall issue the summons for theadditional persons. The summons shall notify the respondents to appear andanswer the petition within 10 days after its service upon the respondents. Thesummons shall comply with the requirements set forth in G.S. 1‑394 for aspecial proceeding summons except that the clerk of superior court shallindicate on the summons by appropriate words that the summons is issued in anestate matter and not in a special proceeding or in a civil action and shall beserved upon the respondents in accordance with Rule 4 of the Rules of CivilProcedure. After the time for responding to the petition or complaint hasexpired, any party or the clerk of superior court may give notice to allparties of a hearing.
(b) UncontestedProceedings. Trust proceedings before the clerk of superior court in whichall the parties join in the proceeding shall be commenced by the filing of apetition, setting forth the facts entitling the petitioners to relief and thenature of the relief demanded. In these proceedings, the clerk of superiorcourt may hear and decide the petition summarily.
(c) Pleadings. Thepetition or complaint filed in a trust proceeding before the clerk of superiorcourt shall contain a short and plain statement of the claim which issufficiently particular to give the court and the parties notice of thetransactions, occurrences, or series of transactions, intended to be provedshowing that the pleaders entitled to relief, and a demand for judgment for therelief to which the pleader is entitled. Each averment of a pleading should besimple, concise, and direct. No technical forms of pleadings or motions arerequired. A party may set forth two or more statements of a claim or defensealternatively or hypothetically. The signature of an attorney or partyconstitutes a certificate by that attorney or party that (i) the attorney orparty has read the pleading, motion, or other paper; (ii) to the best of theattorney's or party's knowledge, information, and belief formed afterreasonable inquiry, it is well grounded in fact and is warranted by existinglaw or a good faith argument for the extension, modification, or reversal ofexisting law; and (iii) it is not interposed for any improper purpose, such asto harass or to cause unnecessary delay or needless increase in the cost oflitigation. All pleadings shall be so construed as to do substantial justice.
(d) Extensions of Time. The clerk of superior court, for cause shown at any time in the clerk'sdiscretion, with or without motion or notice, may enter an order enlarging theperiod of time within which an act is required or permitted by this Article, byany applicable Rules of Civil Procedure or by order of the court, if therequest is made before the expiration of the period originally prescribed, butnot to exceed 10 days, nor more than once. Upon motion made after theexpiration of the specified period, the clerk of superior court may permit theact where the failure to act was the result of excusable neglect.Notwithstanding any other provision of this subsection, the parties to aproceeding may enter into binding stipulations, without approval of the clerkof superior court, enlarging the time within which an act is required orpermitted by this Article, by any applicable Rules of Civil Procedure or byorder of the court, not to exceed 30 days.
(e) Rules of CivilProcedure. Unless the clerk of superior court otherwise directs, Rules 5,6(a), 6(d), 6(e), 18, 19, 20, 21, 24, and 45 of the Rules of Civil Procedureshall apply to trust proceedings. Upon motion of a party or the clerk ofsuperior court, the clerk may further direct that the following Rules of CivilProcedure shall apply: Rules 15, 16, 17, 25, 26, 27, 28, 29, 30, 31, 32, 33,34, 35, 36, and 37; however, nothing in Rule 17 requires the appointment of aguardian ad litem for a party represented except as provided under G.S. 36C‑3‑305.In applying these Rules to a trust proceeding pending before the clerk ofsuperior court, the term "judge" shall be construed as "clerk ofsuperior court."
(f) Consolidation. Whena trust proceeding pending before the clerk of superior court and a civilaction pending before the superior court division of the General Court ofJustice involve a common question of law or fact, upon the court's motion ormotion of a party to either the trust proceeding or the civil action, asuperior court judge may order a consolidation of the trust proceeding andcivil action, and the judge may make orders concerning proceedings therein asmay tend to avoid unnecessary costs or delay. Upon the entry of an orderconsolidating a trust proceeding and civil action, the jurisdiction for allmatters pending in both the trust proceeding and the civil action shall bevested in the superior court.
(g) Joinder. In anycivil action pending before a superior court division of the General Court ofJustice, a party asserting a claim for relief as an original claim,counterclaim, cross‑claim, or third‑party claim, may join, eitheras independent or as alternate claims, as many claims, legal or equitable, asthat party has against an opposing party notwithstanding the fact that theclaims may otherwise be within the exclusive jurisdiction of the clerk ofsuperior court.
(g1) Notice of Transfer. A notice to transfer a trust proceeding brought pursuant to G.S. 36C‑2‑203(a)(9)must be served within 30 days after the moving party is served with a copy ofthe pleading requesting relief pursuant to G.S. 36C‑2‑203(a)(9).Failure to timely serve a notice of transfer of a trust proceeding is a waiverof any objection to the clerk of superior court's exercise of jurisdiction overthe trust proceeding then pending before the clerk. When a notice of transferis duly served and filed, the clerk shall transfer the proceeding to theappropriate court. The proceeding after the transfer is subject to theprovisions of the General Statutes and to the rules that apply to actionsinitially filed in the court to which the proceeding was transferred.
(h) Orders UponConsolidation/Joinder/Transfer. Upon the consolidation of a trust proceedingand a civil action, joinder of claims under subsection (f) or (g) of thissection, or transfer to the Superior Court Division of the General Court ofJustice pursuant to subsection (g1) of this section, the clerk of superiorcourt or the judge may make appropriate orders to protect the interests of theparties and to avoid unnecessary costs or delay. Notwithstanding the consolidation,joinder of claims under subsection (f) or (g) of this section, or transfer tothe Superior Court Division of the General Court of Justice under subsection(g1) of this section, the clerk of superior court's exclusive jurisdiction asset forth in G.S. 36C‑2‑203(a)(1) through (8) shall not be stayedunless so ordered by the court.
(i) Notice to AttorneyGeneral. In every trust proceeding with respect to a charitable trust, theAttorney General shall be notified and given an opportunity to be heard. (2005‑192, s. 2; 2007‑106,ss. 9, 9.1, 10.)
§ 36C‑2‑205. Commencement of proceedings, pleadings, consolidation, and joinder.
(a) ContestedProceedings. Trust proceedings before the clerk of superior court broughtagainst adverse parties shall be commenced as is prescribed for civil actions.Upon the filing of the petition or complaint, the clerk of superior court shalldocket the cause as an estate matter. All parties not joined as petitionersshall be joined as respondents. The clerk of superior court shall issue thesummons for the respondents. The clerk of superior court may order thatadditional persons be joined as respondents and shall issue the summons for theadditional persons. The summons shall notify the respondents to appear andanswer the petition within 10 days after its service upon the respondents. Thesummons shall comply with the requirements set forth in G.S. 1‑394 for aspecial proceeding summons except that the clerk of superior court shallindicate on the summons by appropriate words that the summons is issued in anestate matter and not in a special proceeding or in a civil action and shall beserved upon the respondents in accordance with Rule 4 of the Rules of CivilProcedure. After the time for responding to the petition or complaint hasexpired, any party or the clerk of superior court may give notice to allparties of a hearing.
(b) UncontestedProceedings. Trust proceedings before the clerk of superior court in whichall the parties join in the proceeding shall be commenced by the filing of apetition, setting forth the facts entitling the petitioners to relief and thenature of the relief demanded. In these proceedings, the clerk of superiorcourt may hear and decide the petition summarily.
(c) Pleadings. Thepetition or complaint filed in a trust proceeding before the clerk of superiorcourt shall contain a short and plain statement of the claim which issufficiently particular to give the court and the parties notice of thetransactions, occurrences, or series of transactions, intended to be provedshowing that the pleaders entitled to relief, and a demand for judgment for therelief to which the pleader is entitled. Each averment of a pleading should besimple, concise, and direct. No technical forms of pleadings or motions arerequired. A party may set forth two or more statements of a claim or defensealternatively or hypothetically. The signature of an attorney or partyconstitutes a certificate by that attorney or party that (i) the attorney orparty has read the pleading, motion, or other paper; (ii) to the best of theattorney's or party's knowledge, information, and belief formed afterreasonable inquiry, it is well grounded in fact and is warranted by existinglaw or a good faith argument for the extension, modification, or reversal ofexisting law; and (iii) it is not interposed for any improper purpose, such asto harass or to cause unnecessary delay or needless increase in the cost oflitigation. All pleadings shall be so construed as to do substantial justice.
(d) Extensions of Time. The clerk of superior court, for cause shown at any time in the clerk'sdiscretion, with or without motion or notice, may enter an order enlarging theperiod of time within which an act is required or permitted by this Article, byany applicable Rules of Civil Procedure or by order of the court, if therequest is made before the expiration of the period originally prescribed, butnot to exceed 10 days, nor more than once. Upon motion made after theexpiration of the specified period, the clerk of superior court may permit theact where the failure to act was the result of excusable neglect.Notwithstanding any other provision of this subsection, the parties to aproceeding may enter into binding stipulations, without approval of the clerkof superior court, enlarging the time within which an act is required orpermitted by this Article, by any applicable Rules of Civil Procedure or byorder of the court, not to exceed 30 days.
(e) Rules of CivilProcedure. Unless the clerk of superior court otherwise directs, Rules 5,6(a), 6(d), 6(e), 18, 19, 20, 21, 24, and 45 of the Rules of Civil Procedureshall apply to trust proceedings. Upon motion of a party or the clerk ofsuperior court, the clerk may further direct that the following Rules of CivilProcedure shall apply: Rules 15, 16, 17, 25, 26, 27, 28, 29, 30, 31, 32, 33,34, 35, 36, and 37; however, nothing in Rule 17 requires the appointment of aguardian ad litem for a party represented except as provided under G.S. 36C‑3‑305.In applying these Rules to a trust proceeding pending before the clerk ofsuperior court, the term "judge" shall be construed as "clerk ofsuperior court."
(f) Consolidation. Whena trust proceeding pending before the clerk of superior court and a civilaction pending before the superior court division of the General Court ofJustice involve a common question of law or fact, upon the court's motion ormotion of a party to either the trust proceeding or the civil action, asuperior court judge may order a consolidation of the trust proceeding andcivil action, and the judge may make orders concerning proceedings therein asmay tend to avoid unnecessary costs or delay. Upon the entry of an orderconsolidating a trust proceeding and civil action, the jurisdiction for allmatters pending in both the trust proceeding and the civil action shall bevested in the superior court.
(g) Joinder. In anycivil action pending before a superior court division of the General Court ofJustice, a party asserting a claim for relief as an original claim,counterclaim, cross‑claim, or third‑party claim, may join, eitheras independent or as alternate claims, as many claims, legal or equitable, asthat party has against an opposing party notwithstanding the fact that theclaims may otherwise be within the exclusive jurisdiction of the clerk ofsuperior court.
(g1) Notice of Transfer. A notice to transfer a trust proceeding brought pursuant to G.S. 36C‑2‑203(a)(9)must be served within 30 days after the moving party is served with a copy ofthe pleading requesting relief pursuant to G.S. 36C‑2‑203(a)(9).Failure to timely serve a notice of transfer of a trust proceeding is a waiverof any objection to the clerk of superior court's exercise of jurisdiction overthe trust proceeding then pending before the clerk. When a notice of transferis duly served and filed, the clerk shall transfer the proceeding to theappropriate court. The proceeding after the transfer is subject to theprovisions of the General Statutes and to the rules that apply to actionsinitially filed in the court to which the proceeding was transferred.
(h) Orders UponConsolidation/Joinder/Transfer. Upon the consolidation of a trust proceedingand a civil action, joinder of claims under subsection (f) or (g) of thissection, or transfer to the Superior Court Division of the General Court ofJustice pursuant to subsection (g1) of this section, the clerk of superiorcourt or the judge may make appropriate orders to protect the interests of theparties and to avoid unnecessary costs or delay. Notwithstanding the consolidation,joinder of claims under subsection (f) or (g) of this section, or transfer tothe Superior Court Division of the General Court of Justice under subsection(g1) of this section, the clerk of superior court's exclusive jurisdiction asset forth in G.S. 36C‑2‑203(a)(1) through (8) shall not be stayedunless so ordered by the court.
(i) Notice to AttorneyGeneral. In every trust proceeding with respect to a charitable trust, theAttorney General shall be notified and given an opportunity to be heard. (2005‑192, s. 2; 2007‑106,ss. 9, 9.1, 10.)
