State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-68

§42‑68.  Expedited proceedings.

Where the complaint is filedas a small claim, the expedited process for summary ejectment, as provided inArticle 3 of this Chapter and Chapter 7A of the General Statutes, applies. Where the complaint is filed initially in the district court or a judgment bythe magistrate is appealed to the district court, the procedure in G.S. 42‑34(b)through (g), if applicable, and the following procedures apply:

(1)        Expedited Hearing. –When a complaint is filed initiating an action pursuant to this Article, thecourt shall set the matter for a hearing which shall be held on an expeditedbasis and within the first term of court falling after 30 days from the serviceof the complaint on all defendants or from service of notice of appeal from amagistrate's judgment, unless either party obtains a continuance.  However,where a defendant files a counterclaim, the court shall reset the trial for thefirst term of court falling after 30 days from the defendant's service of thecounterclaim.

(2)        Standards forContinuances. – The court shall not grant a continuance, nor shall it stay thecivil proceedings pending the disposition of any related criminal proceedings,except as required to complete permitted discovery, to have the plaintiff replyto a counterclaim, or for compelling and extraordinary reasons or onapplication of the district attorney for good cause shown.

(3)        When Presented. –The defendant in an action brought in district court pursuant to this Articleshall serve an answer within 20 days after service of the summons andcomplaint, or within 20 days after service of the appeal to district court whenthe action was initially brought in small claims court.  The plaintiff shallserve a reply to a counterclaim in the answer within 20 days after service ofthe answer.

(4)        Extensions of Timefor Filing. – The parties to an action brought pursuant to this Article shallnot be entitled to an extension of time for completing an act required bysubdivision (3) of this section, except for compelling and extraordinaryreasons.

(5)        Default. – A partyto an action brought pursuant to this Article who fails to plead in accordancewith the time periods in subdivision (3) of this section shall be subject tothe provisions of G.S. 1A‑1, Rule 55.

(6)        Rules of CivilProcedure. – Unless otherwise provided for in this Article, G.S. 1A‑1,the Rules of Civil Procedure, shall apply in the district court to all actionsbrought pursuant to this Article. (1995, c. 419, s. 1.)