What is Rule 58 of the North Carolina Rules of Civil Procedure?
Asked by: Mr. Fred DuBuque PhD | Last update: September 11, 2023Score: 4.1/5 (30 votes)
Rule 58. Entry of judgment. Subject to the provisions of Rule 54(b), a judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court pursuant to Rule 5.
What is Rule 68.1 of the North Carolina Rules of Civil Procedure?
Confession of judgment. (a) For present or future liability. – A judgment by confession may be entered without action at any time in accordance with the procedure prescribed by this rule.
What is Rule 60 of Civil Procedure in NC?
– 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 Rule 54 North Carolina Rules of Civil Procedure?
– When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third-party claim, or when multiple parties are involved, the court may enter a final judgment as to one or more but fewer than all of the claims or parties only if there is no just reason for delay and it ...
What is Rule 52 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.
Rule 58; Preliminary Injunction; CIVIL PROCEDURE [AUDIO CODAL]
What is the rule 59 in NC?
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.
What is Rule 40 in NC Rules of Civil Procedure?
Two or more actions that involve common issues of law may be consolidated for hearing upon motion of a party to any of the actions made to the appellate court wherein all are docketed, or upon the initiative of that court.
What is Rule 31 in NC Rules of Civil Procedure?
Rule 31-Depositions Upon Written Questions. (a) Serving Questions; Notice. (1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2).
What is Rule 33 and 34 of NC Rules of Civil Procedure?
Rule 33. Interrogatories to parties. Rule 34. Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
What is Rule 35 NC Rules of Civil Procedure?
- When the mental or physical condition (including the blood group) of a party, or of an agent or a person in the custody or under the legal control of a party, is in controversy, a judge of the court in which the action is pending as defined by Rule 30(h) may order the party to submit to a physical or mental ...
What is Rule 37 in NC Rules of Civil Procedure?
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 Rule 50 North Carolina Rules of Civil Procedure?
– A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made.
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 the rule 34 of the NC Rules of Civil Procedure?
- (a) In General. A party may serve on any other party a request within the scope of Rule 26(b): ...
- (b) Procedure. (1) Contents of the Request. ...
- (c) Nonparties.
What is the rule 36 of the NC Rules of Civil Procedure?
Pursuant to Rule 36 of the North Carolina Rules of Civil Procedure, any party to a lawsuit may serve written “Requests for Admissions” on any other party. Many Plaintiffs' attorneys will serve Requests for Admissions with the Complaint and Summons.
What is Rule 36 in NC Civil Procedure?
An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.
What is NC Rule of Civil Procedure 57?
Declaratory judgments. The procedure for obtaining a declaratory judgment pursuant to Article 26, Chapter 1, General Statutes of North Carolina, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39.
What is Rule 32 North Carolina Rules of Civil Procedure?
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
What is Rule 38 NC Rules of Civil Procedure?
– Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to such issue.
What is Rule 41 B of the North Carolina Rules of Civil Procedure?
(b) Involuntary dismissal; effect thereof. - 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.
What is NC Civil Rule 65?
R 65 Temporary Restraining Orders (TRO's) and Injunctions
Rule 65 of the North Carolina Rules of Civil Procedure is extremely similar to 50C's, in that emergency “ex parte” temporary orders may be granted without the other party being notified only after the court is satisfied: 1.
What is Rule 45 D of the North Carolina Rules of Civil Procedure?
Rule 45(d1) of the N.C. Rules of Civil Procedure states that within five business days of receipt of materials produced in compliance with a subpoena duces tecum, the party who was responsible for issuing the subpoena must serve all other parties with “notice of receipt.” On request, the party receiving the material ...
What is Rule 26 of NC Rules of Civil Procedure?
A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.
What is Rule of Civil Procedure 27 in NC?
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.
What is Rule 18 of NC Rules of Civil Procedure?
Joinder of claims and remedies. (a) Joinder of claims. - A party asserting a claim for relief as an original claim, counterclaim, cross claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.