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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37060
Experience:  30 years in civil, probate, real estate, elder law
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What is the proper procedure to follow to file a motion to

Customer Question

What is the proper procedure to follow to file a motion to to dismiss before a hearing in a civil procedure in NC?
Submitted: 23 days ago.
Category: Legal
Expert:  Ray replied 23 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 23 days ago.

Here is a sample motion to dismiss you will have to modify it.

motion to dismiss

Expert:  Ray replied 23 days ago.

Rules

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/ByArticle/Chapter_15A/Article_52.pdf

I appreciate the chance to help you today.You file it here once you have filed answer.Court will set this and any other pretrial motions for hearing here.

Thanks again.

Customer: replied 23 days ago.
Must the motion be file stamped by the clerk of court before presenting to the opposing attorney and judge at the beginning of a hearing. Do you have a simpler example of a motion other than the one for the pyscho? What other rules of civil procedure apply here?
Expert:  Ray replied 23 days ago.

You would have clerk file stamp original and a copy for your file.You can hand or mail the copy to the other party or their lawyer.No separate copy for the judge because he has court file with original in it.

Customer: replied 23 days ago.
Can the the motion be entered in the court room and delivered to the opposing attorney or must is be file stamped before presenting to the opposing attorney in person in the courtroom. I.e what is the requred notice period, I present the motion to the opposing attorney without a file stamp, will this motion be accepted. The rule states that except at the time of trial it must be in writing.
Expert:  Ray replied 23 days ago.

You want to walk it by the clerk and have it stamped, usually the clerk is present in the court room but the clerk has file and it has to be filed.Go a few minutes early file it with clerk, you can ask if you are able to take file to the judge in the court room here.

The other party here is going to get time to respond.If you file it at the time court hearing is set you can file it but the other party will get at least 10 days to respond.

Thanks for the follow up.

Customer: replied 23 days ago.
Please point to a motion form similar to the plumber form that originates and follows NC district court conventions Thanks
Expert:  Ray replied 23 days ago.

I am going to opt out here for an NC lawyer, I gave you what I could find.Stand by please don't reply or rate,a new expert will pick it up.