North Carolina Rules of Civil Procedure
Cited as N.C. R. Civ. P. · 70 active rules
The North Carolina Rules of Civil Procedure set the steps for a civil case in the state's superior and district courts, from complaint through trial and judgment. Unlike most states on this site, they are a statute passed by the General Assembly, not a rule book adopted by the courts. Summaries, FAQs and full rule text are being added rule by rule.
Article 1. Scope of Rules–One Form of Action
Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
Article 3. Pleadings and Motions
- Rule 7 Pleadings allowed; motions.
- Rule 8 General rules of pleadings.
- Rule 9 Pleading special matters.
- Rule 10 Form of pleadings.
- Rule 11 Signing and verification of pleadings.
- Rule 12 Defenses and objections; when and how presented; by pleading or motion; motion for judgment on pleading.
- Rule 13 Counterclaim and crossclaim.
- Rule 14 Third-party practice.
- Rule 15 Amended and supplemental pleadings.
- Rule 16 Pre-trial procedure; formulating issues.
Article 4. Parties
- Rule 17 Parties plaintiff and defendant; capacity.
- Rule 18 Joinder of claims and remedies.
- Rule 19 Necessary joinder of parties.
- Rule 20 Permissive joinder of parties.
- Rule 21 Procedure upon misjoinder and nonjoinder.
- Rule 22 Interpleader.
- Rule 23 Class actions.
- Rule 24 Intervention.
- Rule 25 Substitution of parties upon death, incompetency or transfer of interest; abatement.
Article 5. Depositions and Discovery
- Rule 26 General provisions governing discovery.
- Rule 27 Depositions before action or pending appeal.
- Rule 28 Persons before whom depositions may be taken.
- Rule 29 Stipulations regarding discovery procedure.
- Rule 30 Depositions upon oral examination.
- Rule 31 Depositions upon written questions.
- Rule 32 Use of depositions in court proceedings.
- Rule 33 Interrogatories to parties.
- Rule 34 Production of documents, electronically stored information, and things; entry upon land for inspection and other purposes.
- Rule 35 Physical and mental examination of persons.
- Rule 36 Requests for admission; effect of admission.
- Rule 37 Failure to make discovery; sanctions.
Article 6. Trials
- Rule 38 Jury trial of right.
- Rule 39 Trial by jury or by the court.
- Rule 40 Assignment of cases for trial; continuances.
- Rule 41 Dismissal of actions.
- Rule 42 Consolidation; separate trials.
- Rule 43 Evidence.
- Rule 44 Proof of official record.
- Rule 44.1 Determination of foreign law.
- Rule 45 Subpoena.
- Rule 46 Objections.
- Rule 47 Jurors.
- Rule 48 Juries of less than twelve – majority verdict.
- Rule 49 Verdicts.
- Rule 50 Motion for a directed verdict and for judgment notwithstanding the verdict.
- Rule 51 Instructions to jury.
- Rule 52 Findings by the court.
- Rule 53 Referees.
Article 7. Judgment
- Rule 54 Judgments.
- Rule 55 Default.
- Rule 56 Summary judgment.
- Rule 57 Declaratory judgments.
- Rule 58 Entry of judgment.
- Rule 59 New trials; amendment of judgments.
- Rule 60 Relief from judgment or order.
- Rule 61 Harmless error.
- Rule 62 Stay of proceedings to enforce a judgment.
- Rule 63 Disability of a judge.
Article 8. Miscellaneous
- Rule 64 Seizure of person or property.
- Rule 65 Injunctions.
- Rule 66 Omitted. Omitted
- Rule 67 Omitted. Omitted
- Rule 68 Offer of judgment and disclaimer.
- Rule 68.1 Confession of judgment.
- Rule 69 Omitted. Omitted
- Rule 70 Judgment for specific acts; vesting title.
- Rule 71 Omitted. Omitted
- Rule 72 Omitted. Omitted
- Rule 73 Omitted. Omitted
- Rule 74 Omitted. Omitted
- Rule 75 Omitted. Omitted
- Rule 76 Omitted. Omitted
- Rule 77 Omitted. Omitted
- Rule 78 Omitted. Omitted
- Rule 79 Omitted. Omitted
- Rule 80 Omitted. Omitted
- Rule 81 Omitted. Omitted
- Rule 82 Omitted. Omitted
- Rule 83 Omitted. Omitted
- Rule 84 Forms.
North Carolina numbers its Rules of Civil Procedure 1 through 84, running without a gap from 1-65, with two decimal rules added over time (44.1 and 68.1). Rules 66, 67, 69, and 71 through 83 are labeled “Omitted” in the official compilation and carry no rule text; they are shown here for completeness. Unlike a court-adopted rule set, the North Carolina Rules of Civil Procedure are a statute — enacted and amended by the General Assembly and codified as N.C.G.S. § 1A-1 — so each rule is legally a subsection of that one statute even though it is numbered and cited as a “Rule.”