This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Complaint Responsibility Filed With The Court In North Carolina
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Primary tabs. A complaint is the pleading that starts a case. Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. A plaintiff starts a civil action by filing a pleading called a complaint.
Settlement: At any time after the filing of the Complaint, the parties may engage in settlement discussions. A settlement occurs when the parties resolve their civil dispute, usually after negotiating among themselves rather than the court or a jury deciding the case.
– A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.
After the defendant has filed an answer or a motion to dismiss the complaint, the judge holds a pretrial conference, sometimes referred to as a case management conference. A schedule for discovery is generally set at this conference, and a trial date is sometimes also scheduled.
The mission of the North Carolina Judicial Branch is to protect and preserve the rights and liberties of all the people, as guaranteed by the Constitution and laws of the United States and North Carolina, by providing a fair, independent, and accessible forum for the just, timely, and economical resolution of their ...
We prefer that you file your complaint via our online form. If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form.
Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.
In essence, a legal complaint initiates a lawsuit, while a lawsuit encompasses the entire process of resolving the dispute in court. The existence of a lawsuit and its course through the judicial process is also referred to as “litigation.”