North Carolina Divorce Lawyers Blog

Articles Tagged with complaint

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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 Notice and the Opportunity to be Heard. The bedrock of the legal system is upon that notice and that opportunity to be heard. Below is a published case the neatly discusses what happens when just a complaint is filed, and no summons issued. Continue reading →

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SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished). 

  1. 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 to Rule 4 of the North Carolina Rules of Civil Procedure. Plaintiffs mailed the summons and complaint to a Ridge Lane Road address in Charlotte. USPS delivered the envelope, but marked “C-19” on the return receipt, as part of the contactless delivery policy the USPS enacted during Covid. Defendant filed a motion to dismiss for failure to serve, stating that Defendant did not receive the summons and complaint, did not sign the certified mail receipt, and had not lived at the Ridge Lane Road property since May of 2018 when it was sold. Trial court granted. 

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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. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 2:  The Complaint Continue reading →

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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 to “win” cases. One such rule is Rule 41(b). Rule 41 is about dismissal of actions. Part (a) is about voluntary dismissals by the plaintiff or by order of the judge. These voluntary dismissals are typically without prejudice, meaning that the plaintiff may file a lawsuit again, usually within a year. Part (b) is about involuntary dismissals. Typically, a defendant would file a motion to dismiss a case or claim based upon Rule 41(b). The grounds for dismissal under this Rule are failure of the plaintiff to prosecute or to comply with these rules or any order of court. Distinct case law has fleshed out the operation of the Rule, and what is required to be shown unto the court in order to have a Rule 41 motion to dismiss granted. Continue reading →