North Carolina Civil Procedure Forms


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Affidavit Stating Facts on Information and Belief

This form is an affidavit in which the affiant is swearing to facts based on information and belief. This form is an affidavit in which the affiant is swearing to facts based on information and belief.

Civil Procedure Categories

We offer many different types of Civil Procedure forms. Some of them offered are listed by area below. For others, please use our search engine.

Civil Procedure Forms FAQ

What is civil procedure? 

Civil procedure is the body of law governing the methods and practices used in civil litigation. It can be enacted by the legislature or the courts. It can be the rules that are used in handling a civil case from the time the initial complaint is filed through the pretrial discovery, the trial and any subsequent appeal. In a nutshell, it can taken as the methods, procedures, and practices used in civil cases.

How do I know which rules apply to my case? 

State and federal courts have different procedure codes. Each state has its own rules of civil procedure which is set out in a separate code of civil procedure. Many of the state civil procedure codes are modeled on the Federal Rules of Civil Procedure. Generally, if the claim is brought in a state court, state procedural rules apply, and federal procedural rules apply to claims brought in federal court.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.

What happens if I fail to follow a rule of civil procedure? 

Failure to follow the requirements of the applicable rules can result in the case being dismissed on procedural grounds. Such failure may also lead to rulings and denials which can harm your case, such as the exclusion of important evidence or the inability to file an important pleading in a case. A failure to comply with the rules may even lead to the imposition of attorney and court fees and sanctions.  

Top Questions about North Carolina Civil Procedure Forms

  • What is a stay of enforcement?

    A stay of enforcement is a court order that temporarily halts the enforcement of a judgment. This means that while the stay is in effect, a party does not have to comply with the judgment until the court makes a final decision. It is important to consider this option when dealing with legal matters in North Carolina, and using the correct North Carolina Civil Procedure Forms can help facilitate this process effectively.

  • What is the Federal Rule of Civil Procedure 62?

    Federal Rule of Civil Procedure 62 addresses the procedure for stays of execution at the federal level. Similar to North Carolina's rule, it allows parties to postpone the enforcement of a judgment pending appeal. Understanding this rule can be beneficial if you are dealing with cases across state and federal systems, enabling a proper handling of your North Carolina Civil Procedure Forms.

  • How do I file a Motion in NC court?

    Filing a Motion in North Carolina court involves several steps. First, you must prepare the required North Carolina Civil Procedure Forms, ensuring they align with the specific type of motion you're filing. Next, submit the completed forms to the court clerk along with any necessary fees. Lastly, serve the motion to involved parties, allowing them time to respond.

  • What is Rule 62 of the North Carolina Rules of Civil Procedure?

    Rule 62 of the North Carolina Rules of Civil Procedure outlines the procedures for obtaining a stay of execution on a judgment. This rule allows a party to delay the enforcement of a judgment pending appeal. It is crucial to understand this rule when completing North Carolina Civil Procedure Forms, as it helps ensure that your rights are protected during the appeals process.

  • What is Rule 3 of NC Rules of Civil Procedure?

    Rule 3 of the North Carolina Rules of Civil Procedure addresses the commencement of actions. It specifies how to properly initiate a lawsuit by filing a complaint and serving it to the defendant. Understanding Rule 3 is essential when dealing with North Carolina Civil Procedure Forms, as it sets the foundation for your case moving forward.

  • What is the maximum amount that can be awarded in small claims court in NC?

    In North Carolina, the maximum claim amount for small claims court is $10,000. Small claims court offers a streamlined process for individuals seeking to resolve disputes without the complexities of higher courts. When preparing your North Carolina Civil Procedure Forms, ensure you stay within this limit to utilize small claims court effectively.

  • What is the most you can sue for in civil court?

    In North Carolina, the general limit for civil claims varies by the nature of the case. For district court, you can typically sue for up to $25,000. If your claim exceeds this amount, you should prepare to file in superior court, where there are no specific monetary limits. Utilizing North Carolina Civil Procedure Forms effectively will help you structure your claim appropriately based on the court’s jurisdiction.

  • What is Rule 68 of North Carolina Rules of Civil Procedure?

    Rule 68 is a crucial provision regarding offers of judgment in North Carolina. It incentivizes settlement by allowing a party to propose a settlement offer before trial, potentially influencing court costs if the case proceeds. Understanding this rule can enhance your approach to North Carolina Civil Procedure Forms, equipping you with strategies to save on litigation costs.

  • What is the rule 62 of the NC Rules of Civil Procedure?

    Rule 62 of the North Carolina Rules of Civil Procedure pertains to the stay of proceedings to enforce a judgement. This rule allows a judgment to be stayed for a specific period post-trial, ensuring that the losing party has time to appeal. Familiarizing yourself with Rule 62 can be crucial when completing your North Carolina Civil Procedure Forms, allowing you to navigate the legal process more smoothly.

  • What is the statute of limitations for a civil lawsuit in NC?

    In North Carolina, the statute of limitations for most civil lawsuits is three years, which means you must file your claim within that time frame. This period begins when the cause of action occurs, so it's important to act promptly. If you're handling a case involving North Carolina Civil Procedure Forms, understanding this timeframe can help you prepare effectively.