A motion asks a court to decide a specified procedural or legal issue. The motion, response, supporting materials, rule, and court order must be read together.

Different motions do different work

North Carolina Rule 12 lists certain defenses that may be presented by motion. Rule 55 addresses entry of default and default judgment, and Rule 56 addresses summary judgment. The labels do not establish what a court will decide in a particular action.

Read the procedural record

  • The complaint, answer, counterclaims, motion, response, and certificate of service
  • The rule or statute cited, court deadline, scheduling order, and local requirements
  • Affidavits, exhibits, discovery materials, or other record evidence identified in the filing
  • The court’s written order and any instructions about amendment, further proceedings, or appeal

Do not rely on a general label

A dismissed claim, a default-related filing, or a summary-judgment request can have different consequences depending on the rule, order, and posture. The related guide to North Carolina legal sources explains why the current text and case-specific documents matter.

Sources