These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature except when a differing procedure is prescribed by statute. They shall also govern the procedure in tort actions brought before the Industrial Commission except when a differing procedure is prescribed by statute.
Rule 1.Scope of rules.
Last amended 1971 · Last verified July 3, 2026
In one sentenceRule 1 makes the Rules of Civil Procedure the default procedure for every civil action and proceeding in North Carolina’s superior and district courts, gives way only when a specific statute prescribes a different procedure, and extends that same default to tort claims heard by the Industrial Commission.
Full Text of Rule 1
Amendment History
(1967, c. 954, s. 1; 1971, c. 818.)
Plain-English Summary
Rule 1 sets the boundary of the entire rule book. It reaches every action and proceeding of a civil nature filed in a North Carolina superior or district court, without regard to the kind of claim or the relief sought. That reach is not absolute: whenever a separate statute lays out its own procedure for a particular kind of case, that statute controls and the civil rules step aside.
The drafters built the rules around one goal: deciding cases on their merits rather than on procedural missteps. Courts read every rule that follows with that goal in mind, favoring substance over technical forfeiture and construing the rules to work together rather than at cross purposes.
A 1971 amendment extended Rule 1’s reach beyond the courts to tort actions brought before the Industrial Commission, again subject to any differing procedure a statute supplies. That extension covers only tort claims heard by the Commission — it does not pull ordinary workers’ compensation claims, which follow their own separate procedures, into the civil rules.
Frequently Asked Questions
Does Rule 1 apply in both superior court and district court?
Yes. Rule 1 draws no line between the two trial divisions; it governs civil procedure in whichever court a case is filed, superior or district.
What happens when a specific statute conflicts with the civil rules?
The specific statute controls. Rule 1 defers to any differing procedure a statute prescribes for a particular kind of action, and the civil rules fill in wherever no such statute exists.
Does Rule 1 cover workers’ compensation claims?
Not the ordinary kind. The 1971 amendment reaches tort actions filed with the Industrial Commission, not routine workers’ compensation claims, which proceed under their own separate procedures.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 1). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
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