Subject: North Carolina Sample Letter for Motion to Dismiss — Motion of Admission Dear [Recipient's Name], I am writing to submit a motion to dismiss the [case name] currently pending in [court name] in accordance with the North Carolina Rules of Civil Procedure. This motion is filed on behalf of [Defendant's Name] in response to the [Plaintiff's Name]'s complaint. For a better understanding of the circumstances of this motion, let me provide you with a detailed description of North Carolina's legal framework for filing a motion to dismiss. In North Carolina, the Rules of Civil Procedure outline specific procedures that must be followed when filing such a motion. The primary purpose of this motion is to request the court's consideration for dismissing the case based on grounds specified under Rule [insert relevant Rule number]. There are various types of motions to dismiss that can be filed in North Carolina, including a motion for failure to state a claim upon which relief can be granted, a motion for lack of subject jurisdiction, or a motion for lack of personal jurisdiction, among others. When filing a motion to dismiss based on grounds of admission, it means that the party acknowledges the allegations made by the opposing party as true, but argues that those allegations do not establish a cause of action or wrongdoing. By filing this particular motion, [Defendant's Name] intimates their agreement with the facts as presented by [Plaintiff's Name], but believes that these facts are insufficient to warrant continued legal proceedings. In support of this motion, [Defendant's Name] will provide a detailed legal analysis explaining why the facts presented by the plaintiff do not meet the necessary legal requirements for a valid claim. This legal argument will highlight any applicable statutes or case precedents, as well as any relevant provisions in the North Carolina General Statutes that support the requested dismissal. Furthermore, supporting evidence, such as affidavits, declarations, or other relevant documents, may be attached to strengthen the argument for dismissal. These documents will help corroborate the assertion that there is no genuine issue of material fact and that the case should be dismissed based on the admitted facts alone. In conclusion, the purpose of this letter is to file a well-founded Motion to Dismiss — Motion of Admission on behalf of [Defendant's Name]. We firmly believe that the provided facts fail to establish a legitimate basis for the plaintiff's claim and respectfully request the court's consideration of granting this motion. Please feel free to contact our office if any additional information or clarification is required. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Organization] [Contact Information]
North Carolina Sample Letter for Filing of Motion to Dismiss - Motion of Admission
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The continued existence or expiration of a session of court in no way affects the power of a court to do any act or take any proceeding, but no issue of fact shall be submitted to a jury out of session.
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, ...
? When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court shall order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
? Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be ...
Filing the documents THERE IS A $30.00 FEE FOR SERVICE FROM THE SHERIFF'S DEPARTMENT. 1) After you have completed the forms, have them notarized (before coming to the courthouse) and make 2 copies. 2) Take these documents to the Clerk of Superior Court to be filed.
(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.
Rule 3. (a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.
Rule 4. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.
