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Small claims court is part of the district court division of the North Carolina state court system. Magistrates decide cases in small claims court. The maximum amount of money that can be requested in a small claims case varies by county, from $5,000 to $10,000. What is a magistrate?
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party.
The Motion to Retain must be verified and state specific grounds. The Motion must also state a date by which the case will be ready for trial.
Generally if the party with the burden of proof cannot present evidence that, if accepted by the jury, would be enough to show liability, whether in a civil or criminal trial, the defendant will move the court to dismiss, without allowing the case to go to a jury.
The rules of civil procedure require that a continuance motion be verified: ?No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.? Tex. R.