North Carolina Special Proceedings Summons

State:
North Carolina
Control #:
NC-SP-100
Format:
PDF
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Description

Special Proceedings Summons (Alias and Pluries Summons): 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.

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FAQ

A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.

What is an Article 78 Proceeding? An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts.

The 1997 Rules of Civil Procedures define a special proceeding as a remedy by which a party seeks to establish a status, a right, or a particular fact. It is distinct from an ordinary legal action where one party files a suit against another party to seek redress for a wrong or an injury, or to protect his (the

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.

(m) Time Limit for Service. If a defendant is not served within 90 days after the complaint is filed, the courton motion or on its own after notice to the plaintiffmust dismiss the action without prejudice against that defendant or order that service be made within a specified time.

The 1997 Rules of Civil Procedures define a special proceeding as a remedy by which a party seeks to establish a status, a right, or a particular fact. It is distinct from an ordinary legal action where one party files a suit against another party to seek redress for a wrong or an injury, or to protect his (the

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.

Special proceedings are not lawsuits. The clerk of court resolves special proceedings. When a lender forecloses under the power of sale provision in a deed of trust, it engages in a non-judicial foreclosure.

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North Carolina Special Proceedings Summons