An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It 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 Order Setting Aside Dismissal for Want of Prosecution
State:
Multi-State
Category:
Control #:
US-02470BG
Format:
Word;
PDF;
Rich Text
106 downloads
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FAQ
Rule 41 of the North Carolina Rules of Civil Procedure allows a judge to grant a motion to dismiss a case without prejudice. Where a judge grants the motion to dismiss without prejudice, the dismissal does not count as a dismissal that the plaintiff has filed, for purposes of the two-limit filing.
Under Rule 60(b)(1) of the North Carolina Rules of Civil Procedure, a judgment may be set aside when it is shown that the judgment from which relief is sought was the result of excusable neglect. N.C. Gen. Stat.
North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.
12(b)(6) tests the legal sufficiency of the complaint. In ruling on the motion the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief may be granted.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
Typically encompassed by these rules, North Carolina Rule of Civil Procedure 60(b) allows a trial court to ?relieve a party or his legal representative from a final judgment, order, or proceeding? for a number of specified reasons based in equity.
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right ...
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
