North Carolina Motion to Transfer for Amount in Excess of Court's Jurisdiction
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How to fill out Motion To Transfer For Amount In Excess Of Court's Jurisdiction?
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FAQ
Once any item of evidence has been introduced, the clerk (not the court reporter) is the official custodian thereof and is responsible for its safekeeping and availability for use as needed at all adjourned sessions of the court and for appeal.
(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. (2) The court makes an order stating the nature and purpose of the action and granting the requested permission.
? 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.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.
The rule differentiates counterclaims and crossclaims: While they are both independent actions, a counterclaim is only brought by the defendant against the plaintiff. Crossclaims can be brought by the defendant against a co-party or by a plaintiff against a co-party.
In North Carolina, Section 1-52.1 of the North Carolina Rules of Civil Procedure explains the statute of limitations for debts is 3 years for auto and installment loans, promissory notes, and credit cards. The statute of limitations in North Carolina for private student loans is also three years.
Under Rule 13(a) of the Federal Rules of Civil Procedure, a counterclaim is compulsory if it arises from the same transaction or occurrence comprising the subject matter of the original claim. 1 A party who fails to assert a compulsory counterclaim is barred from raising the claim in any subsequent, independent action.