PAYIN V. FOY, 2023-NCCOA-______ (2023) A civil lawsuit commences with the filing of a complaint with the court. That is the law in North Carolina. I recall in my first year of law school that my civil procedure professor stressed – and I mean really stressed – the importance of…
Articles Posted in complaint
Rule 4 Service of Summons and Complaint
SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished). Facts: This is a personal injury case. However, the rules for service apply to almost all civil cases. There was an automobile accident in February of 2018. In February of 2021, Plaintiffs filed a lawsuit and attempted to serve defendant by certified mail pursuant…
The Family Law Process, Part 2
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
Playing by the Rules for Dismissal
The Rules of Civil Procedure often have a few points where a case can end. They are there to make sure that all parties to the case are proceeding fairly, timely, and efficiently. Over time, these stopping points have begun to evolve as more and more litigants are utilizing them…