What is NC Rule of Civil Procedure 57?
Asked by: Prof. Kathryne Muller | Last update: August 3, 2025Score: 4.3/5 (34 votes)
Rule 57. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a prompt hearing of an action for a declaratory judgment and may advance it on the calendar.
What is the rule 57 of Civil Procedure?
According to Federal Rule of Civil Procedure 57, “[t]he court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.” Rule 57 “recognizes that often times a declaratory judgment action involves 'only an issue of law on undisputed or relatively undisputed facts'” and a ...
What is Federal Civil Rule 57?
Declaratory Judgments. The procedure for obtaining a declaratory judgment pursuant to 28 U.S.C. §2201, shall be in accordance with these rules and the right to trial by jury may be demanded under the circumstances and in the manner prescribed by Rules 38 and 39.
What is the rule of Civil Procedure 53 in NC?
– The referee shall prepare a report upon the matters submitted to him by the order of reference and shall include therein his decision on all matters so submitted. If required to make findings of fact and conclusions of law, he shall set them forth separately in the report.
What is Rule 59 of North Carolina Rules of Civil Procedure?
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.
Rule 56 (c) Federal Rules of Civil Procedure
What is the rule 60 in NC Civil Procedure?
– Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders.
What is NC Rule Civil Procedure 58?
Rule 58. Entry of judgment.
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.
What is the rule 55 of the NC Rules of Civil Procedure?
Rule 55 provides: If, in order to enable the judge to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to take an investigation of any other matter, the judge may conduct such hearings or order ...
What is Rule 63 in NC Rules of Civil Procedure?
Rule 63 of the Rules of Civil Procedure allows a second judge to “perform the duties, including entry of judgment” of another judge “before whom an action has been tried or a hearing has been held.” This applies for all the reasons a judge might become unavailable: “death, sickness or other disability, resignation, ...
What is NC Civil Rule 37?
Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
What is the rule 57 speedy hearing?
According to Federal Rule of Civil Procedure 57, “[t]he court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.” Rule 57 “recognizes that often times a declaratory judgment action involves 'only an issue of law on undisputed or relatively undisputed facts'” and a ...
What is the rule 58 of the Federal Rules of Civil Procedure?
Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and when entered as provided in Rule 79(a).
What is federal civil rule 59?
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's 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.
What is the rule 57 motion?
These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. §2201. Rules 38 and 39 govern a demand for a jury trial.
What is an example of a declaratory judgment?
For example, one party may claim that it performed under a commission agreement and is entitled to payment of his or her commission. The other party may file a declaratory judgment action seeking a declaration that there has not been performance under the agreement and that no commission is owed.
What is Rule 56 Civil Procedure?
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c) Motion and Proceedings Thereon.
What is the rule 52 of the NC Rules of Civil Procedure?
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.
What is Rule 68 North Carolina Rules of Civil Procedure?
Rule 68.
– At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
What is the rule 17 of Civil Procedure in NC?
The Rule Standing Alone
The rule of civil procedure that stands alone under G.S. 28A-2-6 is Rule 17. G.S. 28A-2-6(e). Broadly, Rule 17 prescribes when a guardian ad litem must be appointed to act on behalf of an incompetent person, a minor child, and unborn and unascertained persons in certain proceedings.
What is the rule 57 in NC?
Rule 57.
The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a prompt hearing of an action for a declaratory judgment and may advance it on the calendar.
What is Rule 58 Civil Procedure NC?
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.
What is the 408 rule of the NC Rules of Civil Procedure?
As set forth above, Rule 408 provides that settlement communications are inadmissible to "prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement…." But, settlement communications may be admissible for "another purpose, such as proving a witness's bias or prejudice, ...
What is Rule of Civil Procedure 62 in NC?
(a) Automatic Stay. Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise. (b) Stay by Bond or Other Security.
What is Rule 27 of North Carolina Rules of Civil Procedure?
Depositions before action or pending appeal. (1) Petition. – A person who desires to perpetuate that person's own testimony or the testimony of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.
What is the NC Rule of Civil Procedure 15?
Amending as a Matter of Course: A party may amend its pleading once as a matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is ...