Civil Litigation

What is subject matter jurisdiction?

A court’s authority to hear a particular type of case (e.g., NC Superior Court for claims > $25,000, District Court for ≤ $25,000)

Where is venue proper in NC civil actions?

In the county where any defendant resides, or where the cause of action arose.

What must a Summons in NC contain?

Name of the court, parties, directive to the defendant, and clerk’s signature/seal.

What rule governs service of process in NC?

Rule 4, NC Rules of Civil Procedure.

What is a Rule 12(b)(6) motion?

A motion to dismiss for failure to state a claim upon which relief can be granted.

What is a Rule 56 motion?

A motion for summary judgment, granted if no genuine issue of material fact exists.

What are the main discovery tools under NC law?

Interrogatories, Requests for Production, Depositions, Requests for Admission, Physical/Mental Exams.

What is the limit for interrogatories in NC civil cases?

50 interrogatories per party, including subparts.

What rule governs discovery in NC?

Rule 26, NC Rules of Civil Procedure.

What is the standard burden of proof in NC civil cases?

Preponderance of the evidence

What is a JNOV (Judgment Notwithstanding the Verdict)?

A request that the judge enter judgment contrary to the jury’s verdict.

How many days does a party have to file an appeal in NC civil cases?

30 days after entry of judgment.

What is the statute of limitations for a breach of contract action in NC?

3 years (N.C.G.S. § 1-52)

What is the statute of limitations for personal injury in NC?

3 years (N.C.G.S. § 1-52)

What is the statute of limitations for wrongful death in NC?

2 years (N.C.G.S. § 1-53)

How long does a Summons remain valid in NC?

60 days from issuance

When must an Answer be filed in NC?

Within 30 days after service (plus one 30-day extension allowed)

What is a Request for Admission?

Written request to admit the truth of facts or documents.

What sanctions may be imposed for discovery violations?

Fines, exclusion of evidence, dismissal, or default judgment.

What is voir dire?

Jury selection process

What is the statute of limitations for contracts under seal in NC?

10 years