Civil Procedure and Scope of Rules

• The North Carolina Rules of Civil Procedure (Rules) tell attorneys and pro se litigants (those without attorneys) how to file lawsuits in the superior and district courts of North Carolina. The Rules also govern which information is needed in certain lawsuits, including beginning an action, service of the action upon the defendant and the time frame relating to lawsuits.
  
  The Rules explain what discovery is needed for certain cases. These rules outline the process for civil suits only---not criminal suits. Civil suits are when a party, whether an individual, business or other entity, files suit against another individual, business or other entity for a wrong, such as breach of contract or personal injury. Family law cases are also civil matters, and the North Carolina Rules of Civil Procedure apply to family law.
  
  

Using the Rules of Civil Procedure

• If you are filing a civil case pro se, read the North Carolina Rules of Civil Procedure. The rules are written so that the average layperson can understand them. The Rules will tell you what pleadings and motions are allowed, the general rules of the pleadings, how to plead special matters and how to sign and verify pleadings filed with the court. The Rules also tell a defendant how and when to file a counterclaim and a cross-claim.
  
  

Discovery

• Discovery is required in all cases. Discovery includes written depositions, oral depositions, interrogatories, production of documents and requests for admission. The North Carolina Rules of Civil Procedure govern when discovery takes place and the deadlines associated with the various forms of discovery. The Rules also govern the use of depositions in court proceedings. Sometimes, cases require expert witnesses to testify. Expert witnesses are also a form of discovery. The North Carolina Rules of Civil Procedure also govern sanctions when a party fails to produce discovery in any of the formats requested.
  
  

Final Hearings, Trials and Judgments

• There are certain rights defendants have regarding trials, final hearings and judgments. The North Carolina Rules of Civil Procedure govern the rights to the defendant and the plaintiff regarding jury trials, a trial by judge, evidence, jurors, verdicts and subpoenas to a trial or final hearing.
  
  If a defendant does not respond to a lawsuit, the plaintiff may be entitled to a default judgment. The Rules also govern the rules for a default judgment, including when and how a default judgment may be entered.