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North Carolina Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

Category:
Civil Actions - Judgment Corrections
State:
Multi-State
Control #:
US-01531BG
Format:
Word; 
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Description

A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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How to fill out Motion To Amend Or Correct Judgment To Include Additional Party Defendant As Real Party In Interest?

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FAQ

Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court. B. Committee Action.

The rule of civil procedure that stands alone under G.S. 28A-2-6 is Rule 17. G.S. 28A-2-6(e). Broadly, Rule 17 prescribes when a guardian ad litem must be appointed to act on behalf of an incompetent person, a minor child, and unborn and unascertained persons in certain proceedings. G.S. 1A-1, Rule 17.

The Rule permits a motion only on a question of law at the very preliminary stage of a proceeding and covers a very narrow scope. The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein.

Rule 27. Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate his own testimony or that of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.

Rule 28 - Briefs-Function and Content (a)Function. The function of all briefs required or permitted by these rules is to define clearly the issues presented to the reviewing court and to present the arguments and authorities upon which the parties rely in support of their respective positions thereon.

(1) When an infant or insane or incompetent person is plaintiff, the appointment shall be made at any time prior to or at the time of the commencement of the action, upon the written application of any relative or friend of said infant or insane or incompetent person or by the court on its own motion.

Rule 31 - Petition for Rehearing (a)Time for Filing; Content. A petition for rehearing may be filed in a civil action within fifteen days after the mandate of the court has been issued.

Rule 28 of the North Carolina Rules of Appellate Procedure requires that an appellant's brief contain ?[a] full and complete statement of the facts,? which ?should be a non-argumentative summary of all material facts underlying the matter in controversy which are necessary to understand all issues presented for review, ...

Issues not presented in a party's brief, or in support of which no reason or argument is stated, will be taken as abandoned.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

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