Brief in Support of Motion to Dismiss - North Carolina Business bb 2025

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Rule 4. Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be Page 2 NC General Statutes - Chapter 1A 2 delivered to some proper person for service.
Service by registered or certified mail, return receipt requested or signature confirmation: You may go to the post office and mail a copy of the Summons and Complaint to the other party by registered or certified mail, return receipt requested or by signature confirmation.
Although personal service is mostly preferred due to its direct and straightforward approach, you can still serve summons using alternative methods such as service by mail, substituted service, service by publication, and electronic service. Each method may have specific legal requirements in different jurisdictions.
Under the Two Dismissal Rule, a second dismissal of a plaintiffs same claims operates as a decision on the merits, prohibiting that plaintiff from raising the same claims for a third time.
Motions to Dispense with Mediation are to be filed within 21 days of the Order to mediate. Thus, the parties have 21 days within which to either select a mediator or to decide that mediation is not appropriate.

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Rule 62(a) provides that no execution shall issue until the time for appeal has expired, and Rule 62(e) says that the taking of an appeal shall stay execution during the pendency of the appeal.

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