North Carolina Operations by Less Than All Parties
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The party designated by the judge or, if the judge does not otherwise designate, the party who prepares the judgment, shall serve a copy of the judgment upon all other parties within three days after the judgment is entered.
Findings by the court. (1) In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
(1) The court may in furtherance of convenience or to avoid prejudice and shall for considerations of venue upon timely motion order a separate trial of any claim, cross?claim, counterclaim, or third?party claim, or of any separate issue or of any number of claims, cross?claims, counterclaims, third?party claims, or ...
? For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim therein against him.
No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a partys motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
Typically encompassed by these rules, North Carolina Rule of Civil Procedure 60(b) allows a trial court to ?relieve a party or his legal representative from a final judgment, order, or proceeding? for a number of specified reasons based in equity.
Rule 27. Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate his own testimony or that of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.
