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 filing a complaint through trial and judgment. Unlike most states on this site, North Carolina's rules are a statute passed by the General Assembly, not a rule book adopted by the courts. Browse the full set below, organized by Article. Plain-English 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.”