(a) Pleadings. – There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. If the answer alleges contributory negligence, a party may serve a reply alleging last clear chance. No other pleading shall be allowed except that the court may order a reply to an answer or a third-party answer.
Rule 7.Pleadings allowed; motions.
Last amended 2011 · Last verified July 3, 2026
In one sentenceRule 7 lists the pleadings a North Carolina civil action allows — complaint, answer, and a handful of others tied to counterclaims, crossclaims, and third-party practice — abolishes demurrers and similar common-law pleas, and requires every motion to be in writing and state its grounds unless made during a hearing.
Full Text of Rule 7
(b) Motions and other papers. –
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial or at a session at which a cause is on the calendar for that session, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) A motion to transfer under G.S. 7A-258 shall comply with the directives therein specified but the relief thereby obtainable may also be sought in a responsive pleading pursuant to Rule 12(b).
(4) A motion in a civil action in a county that is part of a multicounty judicial district may be heard in another county which is part of that same judicial district with the permission of the senior resident superior court judge of that district or of that judge's designee. Except for emergencies as determined by the senior resident superior court judge or that judge's designee, a motion in a civil action to be heard outside the county in which the case is filed shall be heard at a civil session of court.
(c) Demurrers, pleas, etc., abolished. – Demurrers, pleas, and exceptions for insufficiency shall not be used.
(d) Pleadings not read to jury. – Unless otherwise ordered by the judge, pleadings shall not be read to the jury.
Amendment History
(1967, c. 954, s. 1; 1971, c. 1156, s. 1; 2000-127, s. 2; 2005-163, s. 1; 2011-317, s. 1.)
Plain-English Summary
Rule 7(a) names the only pleadings a civil action permits: a complaint and an answer; a reply to a counterclaim that is labeled as such; an answer to a crossclaim; a third-party complaint when someone not an original party is brought in under Rule 14; and a third-party answer once a third-party complaint is served. If the answer pleads contributory negligence, the plaintiff may reply with an allegation of last clear chance. No other pleading is allowed unless the court orders a reply to an answer or a third-party answer — parties cannot invent new pleadings on their own.
Rule 7(b) governs motions: an application for a court order must be in writing, state its grounds with particularity, and set out the relief sought, unless it is made during a hearing, trial, or a session where the case is already calendared. A motion follows the same rules on captions, signing, and form that apply to pleadings. A motion to transfer a case between trial divisions may also be raised in a responsive pleading, and a motion in a multicounty superior court district may generally be heard anywhere within that district.
Finally, Rule 7(c) abolishes demurrers, pleas, and exceptions for insufficiency outright — motions and the answer are now the only tools for raising a defense — and Rule 7(d) keeps the pleadings themselves from being read to the jury unless the judge orders otherwise.
Frequently Asked Questions
What pleadings can be filed in a North Carolina civil case?
Only those Rule 7(a) lists: a complaint, an answer, a reply to a counterclaim labeled as such, an answer to a crossclaim, and third-party pleadings under Rule 14. No other pleading is allowed unless the court specifically orders one.
Do demurrers still exist in North Carolina civil procedure?
No. Rule 7(c) abolished demurrers, pleas, and exceptions for insufficiency; a motion or an answer is now the only way to raise those defenses.
Does a motion have to be in writing?
Generally yes, unless it is made during a hearing, trial, or a session at which the case is already on the calendar. A written motion must state its grounds with particularity and the relief sought.
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. 7). 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
Also known as: pleadings allowedtypes of pleadingsreply to a counterclaimanswer to a crossclaimform of motionswritten motion requirementsdemurrers abolishedmotion to transfer trial divisionlast clear chance reply