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- Whenever a party has the right to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Rule 1. Scope of rules. 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.
Rule 3. Commencement of action. (a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.
Commencing an Action. A suit is commenced by the purchase of an index number in the City Court Clerks Office. Once an index number has been purchased, the litigant has 120 days to serve the summons and complaint.
Reporters Notes: Rule 3, substantially enlarges Federal Rule 3, and drastically alters prior Massachusetts practice, by eliminating the trifurcation of delivery to an officer, service, and entry. Henceforth, an action is considered commenced, for all purposes, including the applicable statute of limitations, when
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Rule 7. Pleadings allowed; motions. No other pleading shall be allowed except that the court may order a reply to an answer or a third‑party answer.