North Carolina Rules of Civil Procedure (NCGS Section 1A-1) Practice Test

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• Service by publication is used when a party cannot be served by personal delivery, registered/certified mail, or designated delivery service.
• Which of the following are pleadings under the rules?
• What must a party include in its responsive pleading regarding defenses and denials?
• Which discovery method involves production of documents or things?
• What does adoption by reference (Rule 10c) allow with respect to exhibits?
• Under Rule 12e, the motion for more definite statement is appropriate when which condition exists?
• Which rule governs service of process in North Carolina civil actions?
• Under Rule 59, a motion for a new trial must be served not later than how many days after entry of judgment?
• Which of the following is a listed ground that may support relief from judgment under NC rules?
• What is the plaintiff's burden of proof in a typical civil action?
• Under Rule 9b, malice, intent, and knowledge may be averred in which manner?
• What is the time for a defendant to answer after service?
• The real party in interest must have the correct name or include the appropriate legal form such as LLC or Inc.
• Under Rule 4j2, if a minor has no parent/guardian, service should be made on which of the following?
• When service by publication is used, what must the serving party file prior to default judgment?
• An alias or pluries summons may be issued within how many days after the date of the last preceding summons or last endorsement?
• For service on a state agency, to whom should the process be delivered?
• How can a judgment be enforced when immediate payment is not made?
• Under Rule 33, interrogatories to parties must be answered with what timeframe?
• What is the purpose of compulsory joinder of parties in NC civil cases?
• Under Rule 60, the time limit for filing a motion for relief from judgment is which of the following?
• Under Rule 5d, all orders issued by the court must be filed within 5 days after service.
• Under Rule 33, no more than how many questions may be asked in one or more sets unless granted by court?
• Under Rule 68, if the offer of judgment is accepted within 10 days, what action does the clerk take?
• What is an interlocutory appeal?
• If the court orders a reply, within what time must it be served?
• For a default judgment entered by a judge, how many days' notice is required before a hearing?
• Under Rule 30, attendance at a deposition can be compelled by what?
• Under Rule 60, the motion for relief from judgment must be made within not more than how many years after judgment or order?
• A default judgment cannot be entered against the state or a state officer in official capacity without what?
• How many days after service must the answers to interrogatories be served?
• Which items are typically disclosed about expert witnesses?
• What two jurisdictional requirements must support service of process for an action?
• Which of the following is a recognized ground for a new trial under Rule 59?
• Failure to comply with Rule 11 can result in sanction.
• If a party is served with a pleading stating a crossclaim, when must the defendant serve an answer?
• Who may request a written statement of relief sought, and what timeframe applies?
• Which method is valid for serving a natural person at their dwelling under Rule 4j1?
• Within what time must the defendant serve an answer after service of the summons and complaint?
• What is a class action and when may it be appropriate?
• Under Rule 12h, by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court will dismiss action. What triggers this dismissal?
• A defendant may bring in a third party not currently a party who is or may be liable to him for all or part of the plaintiff's claim.
• Which rule addresses insufficiency of service of process?
• Under Rule 68.1, a confession of judgment may be entered without action at any time; the judgment may be for money due or for money that may become due.
• Which statement describes Rule 70 regarding execution of conveyances?
• How does a default differ from a default judgment?
• A motion for summary judgment is proper when what is shown?
• How is the right to jury trial asserted in NC civil cases?
• May a plaintiff demand relief in alternative or multiple forms?
• Which of the following is not listed as an affirmative defense in the material?
• Which of the following is an accepted method of service when serving and returning under Rule 5b?
• What steps help preserve issues for appeal in a NC civil case?
• Under Rule 23, when is a class action proper?
• Under Rule 30, when may depositions upon oral examination be taken?
• After service of a production request, how many days does the served party have to provide a written response?
• What is required to preserve issues for appellate review?
• When pleading fraud, duress, mistake, or a person's condition of mind, what level of detail is required?
• What is the purpose of a scheduling order and pretrial conference?
• In NC civil cases, what must the plaintiff prove to prevail on a claim?
• Infants and incompetents must sue or defend by a guardian or guardian ad litem.
• How should a plaintiff plead that all conditions precedent have occurred?
• Which of the following is a valid method of service on a domestic or foreign corporation?
• In NC civil procedure, intervention is a procedural mechanism that allows:
• What constitutes a final judgment?
• Before expiration, can a court enlarge the deadline for a response for good cause shown if requested?
• After a sheriff returns a summons unexecuted, who may serve it?
• Which of the following is a ground for relief from judgment under NC rules?
• Under signing and verification, what is required for every pleading, motion, and other paper?
• Amendments may respond to new facts after the original pleading by doing what?
• Which Rule 12(b) addresses failure to state a claim upon which relief can be granted?
• Voluntary dismissal without court order is true to say which of the following?
• When funds are subject to competing claims by parties to an action, the court may order the party in possession of funds to deposit in an interest accruing account.
• Where can an NC action be filed, and what determines proper venue?
• A matter admitted via a request for admission becomes conclusively established unless what occurs?
• Under Rule 5a, service of orders applies to which items?
• Which Rule 12(b) basis corresponds to insufficiency of process?
• Involuntary dismissal for failure of the plaintiff to prosecute or to comply; who may move for dismissal?
• The plaintiff must serve a reply to a counterclaim within how many days after service?
• Default proceedings involve two steps: entry of default and entry of judgment.
• If an answer contains a crossclaim, the other party must file an answer to the crossclaim.
• Those united in interest must be joined as plaintiffs or defendants.
• Which Rule 12(b) basis corresponds to lack of jurisdiction over the person?
• Opposing affidavits should be served at least two days prior to the hearing.
• Which of the following is included in the subpoena contents?
• Motions for which two remedies are recognized for post-trial relief?
• Which statement accurately describes the effect of a final judgment on subsequent actions?
• Which statement best describes permissive joinder of claims or parties?
• Lack of subject matter jurisdiction is colloquially described as what?
• A judgment is characterized as either which?
• What is contained in the appellate record?
• In negligence actions or claims for punitive damages, how should the relief sought be stated?
• Under Rule 65, which statement about temporary restraining orders (TROs) is correct?
• A physical or mental examination may be ordered only for good cause shown and upon notice to the person to be examined. Which is required?
• Under Rule 26(b), which statement is true about discovery limits?
• If service is not completed, what is the effect on the summons?
• How is service effected on nonresident or foreign defendants?
• What is the typical deadline to file an appeal after final judgment?
• Which statement best describes a typical outcome of the pretrial conference?
• Under default entry procedures, relief is sought because the defendant failed to plead. What filing is typically used to obtain the clerk's entry of default?
• Under signing rules, a party not represented by an attorney will sign.
• Under the rules, a compulsory counterclaim must be pleaded at the time of service if it arises out of the transaction or occurrence that is the basis of the opposing party's claim.
• A third party complaint is appropriate if the person summoned is not in the original party.
• For time computation, when service is effected on a weekend, on which day does the clock begin?
• In the caption of a pleading, which element is included?
• Additional parties may be brought in when their presence is required to grant relief, and jurisdiction can be obtained.
• Judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk, establishing a 30-day window to appeal.
• Are parties allowed to set forth two or more statements of claim or defense alternatively, regardless of consistency?
• A crossclaim is a claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter.
• Which procedural mechanism is used to dispose of a case without a trial if there is no genuine issue of material fact?
• When serving a minor under disability, if there is a parent or guardian with custody, service should be made upon whom?
• Under Rule 8(b), which term best describes the two recognized forms of denial?
• Under Rule 61, harmless error is recognized only if the error results in denial of a substantial right.
• What does a motion to strike target?
• For service on the State, to whom should the process be delivered by registered or certified mail, return receipt requested?
• Which rule governs a motion for judgment on the pleadings after the pleadings are closed but w/in such time as not to delay trial?
• Which statement about protective orders is true?
• For service on counties, cities, towns, villages, or other local public bodies, to whom should service be delivered?
• Under Rule 26(b), which statement best describes discovery scope?
• Process may be issued only if the action has what two jurisdictional elements?
• Parties may stipulate to an extension not to exceed 30 days without court approval; if the extension is requested after expiration, the judge must sign.
• How does permissive joinder of parties or claims work in North Carolina?
• Dismissal by order of a judge is typically without prejudice. Choices:
• Which Rule 12(b) is insufficiency of service of process?
• What are the essential elements for entry of judgment?
• In voluntary dismissal without prejudice, what does that mean for a plaintiff's rights to pursue the claim again?
• Which Rule 12(b) addresses failure to join a necessary party?
• Which rule governs lack of jurisdiction over the person?
• Infants and incompetents must sue or defend by guardian or guardian ad litem.
• Which description best fits a complaint under North Carolina notice pleading?
• Under Rule 5d, pleadings subsequent to the complaint must be filed within 5 days after service.
• Which statement about discovering disputes is true?
• Time after service by mail: 3 days shall be added to the prescribed time when service is by mail.
• Under NC rules, amendments to pleadings may be allowed as a matter of course for what purpose?
• Which Rule 12(b) basis corresponds to improper venue or division?
• Under NC rules, when may a court dismiss an action for lack of jurisdiction?
• What is the purpose of a motion for judgment on the pleadings?
• Which service method is expressly permitted for subpoenas, including return receipt requested?
• Which option best describes how garnishment functions after a judgment?
• What standards are used to grant a preliminary injunction?
• Pleadings need not be verified or have affidavit unless rule or statute requires.
• Which of the following is a ground explicitly listed for a new trial?
• What is the primary means to commence a civil action in North Carolina?
• What does 'relation back' mean in amendments?
• A crossclaim may be asserted by one party against a coparty if it arises out of the transaction or occurrence that is the subject matter of the action.
• When may protective orders and privileges limit discovery?
• How does the appellate court view questions of law?
• In NC civil procedure, what is a counterclaim?
• What is the purpose of stipulations in trial?
• For libel and slander claims, what level of detail is required in the pleading?
• Under Rule 26(d), discovery methods may be used in any sequence.
• What is the standard for granting summary judgment?
• Under the form requirements, the claims or defenses must be presented in which structure?
• Under the rule governing production of documents and entry of land, who may serve a request to produce documents or permit entry to land?
• Under Rule 26(c), protective orders may affect that?
• If an offer of judgment is not accepted within 10 days after service, what happens to the offer?
• When must a defendant respond to a North Carolina complaint by filing an answer or motion?
• Are weekends and holidays included in the allotted time?
• What is a writ of execution used to do?
• Which of the following is identified as an affirmative defense in the pleading rules?
• Regarding motions, a written motion and notice of hearing must be served not later than how many days before the hearing?
• In NC civil cases, which statement best describes how costs are allocated?
• A person having a claim against the plaintiff may be joined as a defendant when their claims expose the plaintiff to double or multiple liability.
• If a defendant does not respond after being served, what may the court issue?
• What is the nature of a bench trial?
• Under Rule 68, an offer of judgment may be served more than how many days before trial begins?
• If notice is mailed via USPS, how many extra days are added to the prescribed time?
• Which of the following is not a permissible motion under the standard post-trial procedure for resolving disputes?
• A defendant may bring a third party who is not currently a party if that person is or may be liable for all or part of the plaintiff's claim.
• What document is typically served along with the complaint to start a civil action?
• Which statement accurately describes the grounds for a new trial under the rules?
• Under Rule 33, interrogatories to parties must be answered how?
• Which practice helps ensure issues are preserved for appellate review?
• Who may order a party to submit to a physical or mental examination?
• A party may amend his pleading once as a matter of course at any time before a responsive pleading is served.
• Which statement about pretrial activities is true?
• When may pleadings be amended in NC, and what is the general rule?
• What is the effect if an indispensable party is not joined in a civil action?
• What is the burden of proof in a civil case?
• Under Rule 5b, is email service subject to a 5 PM cutoff?
• In a bench trial, who decides the issues of fact and law?
• Which rule describes the purpose of the motion for more definite statement?
• How are exhibits incorporated into pleadings under the referenced rule?
• Relation back may apply to adding a new defendant in which scenario?
• Which of the following is a discovery method listed in Rule 26(a)?
• Which item must be included on the summons?
• An application to court for an order must be by motion, in writing, with grounds and relief sought, and served with notice of hearing.
• In NC civil procedure, what is a crossclaim?
• To obtain an order compelling discovery under Rule 37(a), what must the requesting party show?
• Who may endorse an extension of time for summons?
• According to the form of pleadings, how should the claim or defense be presented?
• If an averment is not denied in a responsive pleading, what is its effect?
• Under Rule 4j1, which of the following constitutes a valid delivery method for a natural person?
• Which description best reflects the standard used to review questions of law on appeal?
• Which discovery device enables a party to obtain written responses under oath admitting or denying facts?
• What is the effect of compulsory joinder as it relates to parties?
• What is the time window to obtain an endorsement of extension after issuance?
• An interlocutory order can be appealed only with what?
• What governs admissibility of evidence at trial in NC?
• Within how many days must the plaintiff secure an endorsement of extension?
• What is the time limit for service after issuance?
• What must a complaint contain to satisfy pleading requirements in North Carolina?
• Who issues subpoenas and what form?
• If a statute requires exactly 12 jurors, can the parties stipulate to a smaller jury?
• Discovery protective orders are designed to protect what?
• Besides filing an answer, what other action may a defendant take in response to a complaint in North Carolina?
• Under Rule 12h, which defenses are waived if omitted a motion or it is neither made by motion?
• Which rule describes the timing for filing a motion for judgment on the pleadings?
• Subpoena service is performed by which of the following?
• An admission may be withdrawn or amended only how?
• When a plaintiff files a voluntary dismissal, what is the typical effect?
• How may amendments respond to new legal standards or facts that arise after the original pleading?
• What is the scope of discovery in NC civil actions?
• A permissive counterclaim may be stated even if it does not arise from the transaction or occurrence that is the subject matter of the opposing party's claim.
• What is the purpose of temporary restraining orders and preliminary injunctions?
• Summons must be issued within how many days after filing the complaint?
• After expiration, may a judge enlarge the period if the delay was due to excusable neglect?
• Under Rule 65, which statement is true regarding injunctions?
• Which discovery method involves requests for admissions?
• Which of the following is a post-judgment remedy available in NC rules?
• Which elements must be included in the caption of a civil pleading?
• Under Rule 5b, is mail service beholden to a 5 PM cutoff?
• Under Rule 70, what may a judge do if a party fails to execute the conveyance ordered?
• What is the purpose of final judgments in civil litigation?
• When a jury consists of fewer than 12 members, what may the parties stipulate about jury composition or the verdict?
• The time to appeal after entry of final judgment typically runs within how many days?
• Pleadings will not be read to the jury unless ordered by the judge.
• How may discovery abuses be addressed?
• What is the term used to describe the North Carolina pleading standard?
• What is a protective order in discovery?
• What is the purpose of a pretrial conference?
• Which description correctly describes what the appellate record contains?
• Interpleader may apply to a defendant with cross or counterclaims.
• Do the rules governing pleadings apply to the form of all motions and other papers?
• Which of the following is NOT a ground for a new trial under Rule 59?
• Under Rule 5b, which statement describes the requirement for a counterclaim or cross-claim?
• Under Rule 26(c), protective orders may provide that discovery
• Which rule governs sanctions for failure to make discovery?
• When is an action discontinued as to a defendant not served?
• What discovery devices are commonly available?