“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts that lawyers are faced with on a day-to-day basis.
A special trait that all attorneys must possess is the ability to guide their clients through the litigation process. Rule 7 is one of the most basic, yet vitally important rules in structuring a case and proceeding through various twists and turns that are encountered along the path to favorable outcomes. Rule 7 is technical and provides guidelines that in some instances, even the Court does not have the power to manipulate. North Carolina Attorneys involved in all areas of litigation are strongly advised to take special heed regarding Rule 7 as failure to do so can bog down your case proceedings.
When meeting with your attorney, you will often hear common phrases such as “complaints,” “answers,” “replies,” etc. This very well may be one of the few times that common English meaning of words are directly applicable to the words your attorney is saying. Legal lingo can be confusing, but rest assured, a complaint consists of your actual complaint (aka how you have been harmed/wronged). Rule 7 defines these documents as “Pleadings” and there are six “required” pleadings that you may encounter during the litigation process. Rule 7 flexes its proverbial muscles here as the Court does not have the power to waive or enforce their filing, nor can the court create “new” pleadings. Each of the “required” pleadings are not necessarily required in all instances of litigation, but luckily the process progresses in sequential order, meaning – one must be filed before another becomes required. Despite the seemingly straightforward nature of Rule 7, having an attorney handy is necessary in the drafting, execution, and submission of these documents because a failure to properly file a required pleading can be very harmful to your case.