Magistrate Summons Revised 3-98: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Magistrate Summons
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State:
North Carolina
Control #:
NC-CVM-100
Format:
PDF
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FAQ
In general, a summons is the beginning of a legal case. It signals the issue that needs to be adjudicated (tried in court). A summons can be used in either a civil or a criminal case. Specifically, a summons is a document that is an order by a court requiring someone to appear in court.
Strictly speaking, a Pluries Summons is a substitute for an Alias Summons that has been defaced or damaged. It is sometimes used as a synonym for "alias summons" although that is technically incorrect.
1feff In civil lawsuits, a summons is issued to the defendant in the lawsuit, requiring his or her presence to defend a case. For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time.
A summons is a paper issued by a court informing a person that a complaint has been filed against her.An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful. It is also sometimes called a pluries summons, which more generally refers to an additional summons.
An alias summons is just the name for an summons when the defendant could not be served the first time. To serve the defendant with an alias summons, you will follow the same steps as you did with the sheriff's office or the clerk's office.
Rule 4(d). The deadline to extend the summons is 90 days after issuance of the summons. If a summons has already been extended by either method, it may be extended again and again, and the deadline each time is 90 days after the most recent extension.
The issuance of a magistrate summons commences the action.The notice of assignment identifies the action, designates the magistrate to whom the assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting.
If the plaintiff fails to serve the defendant within 60 days, they may seek an extension of time to serve their lawsuit via issuance of an Alias and Pluries Summons, which is essentially an extended or renewed Civil Summons.
Definition from Nolo's Plain-English Law Dictionary A name used that is not the given name of a person (such as Harry for Harold, initials, or a maiden name, or a criminal's false name). family & personal matters. divorce.
