N.C. Gen. Stat. § 1-1
Remedies
Remedies. Remedies in the courts of justice are divided into - (1) Actions. (2) Special proceedings. (C.C.P., s. 1; Code, s. 125; Rev., s. 346; C.S., s. 391.)
North Carolina General Statutes Chapter 1 — Chapter 1.
North Carolina · statute · N.C. Gen. Stat. ch. 1 · 707 active provisions
N.C. Gen. Stat. § 1-2
Actions
Actions. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment or prevention of a public offense. (C.C.P., s. 2; 1868-9, c. 277, s. 2; Code, s. 126; Rev., s. 347; C.S., s.…
N.C. Gen. Stat. § 1-3
Special proceedings
Special proceedings. Every other remedy is a special proceeding. (C.C.P., s. 3; Code, s. 127; Rev., s. 348; C.S., s. 393.)
N.C. Gen. Stat. § 1-4
Kinds of actions
Kinds of actions. Actions are of two kinds - (1) Civil. (2) Criminal. (C.C.P., s. 4; Code, s. 128; Rev., s. 349; C.S., s. 394.)
N.C. Gen. Stat. § 1-5
Criminal action
Criminal action. A criminal action is - (1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof. (2) An action prosecuted by the State, at the instance of an individual, to prevent an apprehended crime against his person or property. (Const., art. 4,…
N.C. Gen. Stat. § 1-6
Civil action
Civil action. Every other is a civil action. (C.C.P., s. 6; Code, s. 130; Rev., s. 351; C.S., s. 396.)
N.C. Gen. Stat. § 1-7
When court means clerk
When court means clerk. In the following sections which confer jurisdiction or power, or impose duties, where the words "superior court," or "court," in reference to a superior court are used, they mean the clerk of the superior court, unless otherwise specially stated, or unless reference is made to a regular session…
N.C. Gen. Stat. § 1-8
Remedies not merged
Remedies not merged. Where the violation of a right admits both of a civil and a criminal remedy, the right to prosecute the one is not merged in the other. (C.C.P., s. 7; Code, s. 131; Rev., s. 353; C.S., s. 398.)
N.C. Gen. Stat. § 1-10
Plaintiff and defendant
Plaintiff and defendant. In civil actions the party complaining is the plaintiff, and the adverse party the defendant. (C.C.P., s. 13; Code, s. 134; Rev., s. 355; C.S., s. 400.)
N.C. Gen. Stat. § 1-11
How party may appear
How party may appear. A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s. 109; Rev., s. 356; C.S., s. 401.)
N.C. Gen. Stat. § 1-13
Jurisdiction of clerk
Jurisdiction of clerk. The clerk of the superior court has jurisdiction to hear and decide all questions of practice and procedure and all other matters over which jurisdiction is given to the superior court, unless the judge of the court or the court at a regular session is expressly referred to. (C.C.P., s. 108; Code…
N.C. Gen. Stat. § 1-15
Statute runs from accrual of action
Statute runs from accrual of action. (a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute. (b) Repealed by Session Laws 1979, c. 654, s. 3. (c) Except where otherwise pr…
N.C. Gen. Stat. § 1-15.1
Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act
Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act. (a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution or restitution is imposed as a condition of probation, special pr…
N.C. Gen. Stat. § 1-17
Disabilities
Disabilities. (a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, except in an action for the recovery of real property, or to make an entry or defense found…
N.C. Gen. Stat. § 1-19
Cumulative disabilities
Cumulative disabilities. When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation does not attach until they all are removed. (C.C.P., ss. 28, 49; Code, ss. 149, 170; Rev., s. 364; C.S., s. 409.)
N.C. Gen. Stat. § 1-20
Disability must exist when right of action accrues
Disability must exist when right of action accrues. No person may avail himself of a disability except as authorized in G.S. 1-19, unless it existed when his right of action accrued. (C.C.P., s. 48; Code, s. 169; Rev., s. 365; C.S., s. 410.)
N.C. Gen. Stat. § 1-21
Defendant out of State; when action begun or judgment enforced
Defendant out of State; when action begun or judgment enforced. If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after su…
N.C. Gen. Stat. § 1-22
Death before limitation expires; action by or against personal representative or collector
Death before limitation expires; action by or against personal representative or collector. If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his personal representative or collector after…
N.C. Gen. Stat. § 1-23
Time of stay by injunction or prohibition
Time of stay by injunction or prohibition. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (C.C.P., s. 46; Code, s. 167; Rev., s. 368; C.S., s. 413.)
N.C. Gen. Stat. § 1-24
Time during controversy on probate of will or granting letters
Time during controversy on probate of will or granting letters. In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate of a will or granting letters of administration, unless there is an administrator appointed during the pendency of the…
N.C. Gen. Stat. § 1-26
New promise must be in writing
New promise must be in writing. No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest. (C.C…
N.C. Gen. Stat. § 1-27
Act, admission or acknowledgment by party to obligation, co-obligor or guarantor
Act, admission or acknowledgment by party to obligation, co-obligor or guarantor. (a) After a cause of action has accrued on any obligation on which there is more than one obligor, any act, admission, or acknowledgment by any party to such obligation or guarantor thereof, which removes the bar of the statute of limitat…
N.C. Gen. Stat. § 1-28
Undisclosed partner
Undisclosed partner. The statutes of limitations apply to a civil action brought against an undisclosed partner only from the time the partnership became known to the plaintiff. (1893, c. 151; Rev., s. 373; C.S., s. 418.)
N.C. Gen. Stat. § 1-29
Cotenants
Cotenants. If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for its detention or injury, any of them are barred of their recovery by limitation of time, the rights of the others are not affected thereby, but they may recover according to their right and interest,…
N.C. Gen. Stat. § 1-30
Applicable to actions by State
Applicable to actions by State. The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties. (C.C.P., s. 38; Code, s. 159; Rev., s. 375; C.S., s. 420.)
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