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.
North Carolina Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal motion filed by the defendant in a civil case to request the court to dismiss the plaintiff's claim permanently due to the expiration of the statute of limitations. In North Carolina, there are different types of motions to dismiss an action with prejudice based on the statute of limitations. These may include: 1. Time-barred claim: This is the most common type of motion to dismiss based on the statute of limitations. It argues that the plaintiff's cause of action is barred because the applicable statute of limitations has expired. The motion asserts that the plaintiff failed to initiate legal proceedings within the prescribed time limit, and therefore, their claim should be dismissed with prejudice. 2. Discovery rule exception: In some cases, the defendant may argue that even if the statute of limitations has expired, an exception applies. The discovery rule is one such exception. It allows a plaintiff to file a claim after the statutory time limit has passed if they could not have reasonably discovered the harm or cause of action earlier. However, the defendant may still file a motion to dismiss with prejudice if they can prove that the discovery rule does not apply in the given circumstances. 3. Tolling or suspension of the statute of limitations: Under certain circumstances, the statute of limitations may be temporarily suspended or "tolled." This means that the statutory clock is stopped from running for a specific period. For instance, if the plaintiff is a minor or the defendant is out of state, the statute of limitations may not begin or may pause until certain conditions are met. However, the defendant can file a motion to dismiss with prejudice arguing that the plaintiff's claim is still time-barred, even with the tolling exception. 4. Equitable estoppel: Equitable estoppel is another potential ground for a motion to dismiss with prejudice based on the statute of limitations. It asserts that the plaintiff is "stopped" from pursuing their claim due to their actions or conduct that led the defendant to believe that the claim would not be brought. The defendant may argue that they detrimentally relied on the plaintiff's actions or inaction, resulting in prejudice. In summary, the North Carolina Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations can be filed under various circumstances. These may include the expiration of the statutory time limit, lack of applicability of the discovery rule exception, absence of any tolling exceptions, or the invocation of equitable estoppel. It is important for defendants to carefully analyze the specific circumstances of their case and consult with legal experts to determine the most appropriate grounds for filing a motion to dismiss.
