1-75.1. Legislative intent. This Article shall be liberally construed to the end that actions be speedily and finally determined on their merits. The rule that statutes in derogation of the common law must be strictly construed does not apply to this Article. (1967, c. 954, s. 2.)
1-75.10. Proof of service of summons, defendant appearing in action. (a) Where the defendant appears in the action and challenges the service of the summons upon him, proof of the service of process shall be as follows: (1) Personal Service or Substituted Personal Service. – a. If served by the sheriff of the county or […]
1-75.11. Judgment against nonappearing defendant, proof of jurisdiction. Where a defendant fails to appear in the action within apt time the court shall, before entering a judgment against such defendant, require proof of service of the summons in the manner required by G.S. 1-75.10 and, in addition, shall require further proof as follows: (1) Where […]
1-75.12. Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim. (a) When Stay May be Granted. – If, in any action pending in any court of this State, the judge shall find that it would work substantial injustice for the action to be tried in a court […]
1-75.2. Definitions. In this Article the following words have the designated meanings: (1) "Person" means any natural person, partnership, corporation, body politic, and any unincorporated association, organization, or society which may sue or be sued under a common name. (2) "Plaintiff" means the person named as plaintiff in a civil action, and where in this […]
1-75.3. Jurisdictional requirements for judgments against persons, status and things. (a) Jurisdiction of Subject Matter Not Affected by This Article. – Nothing in this Article shall be construed to confer, enlarge or diminish the subject matter jurisdiction of any court. (b) Personal Jurisdiction. – A court of this State having jurisdiction of the subject matter […]
1-75.4. Personal jurisdiction, grounds for generally. A court of this State having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to Rule 4(j), Rule 4(j1), or Rule 4(j3) of the Rules of Civil Procedure under any of the following circumstances: (1) Local Presence or Status. – In any […]
1-75.5. Joinder of causes in the same action. In any action brought in reliance upon jurisdictional grounds stated in subdivisions (2) to (10) of G.S. 1-75.4 there cannot be joined in the same action any other claim or cause against the defendant unless grounds exist under G.S. 1-75.4 for personal jurisdiction over the defendant as […]
1-75.6. Personal jurisdiction – Manner of exercising by service of process. A court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4 may exercise personal jurisdiction over a defendant by service of process in accordance with the provisions of Rule 4(j) or Rule 4(j1) of […]
1-75.7. Personal jurisdiction – Grounds for without service of summons. A court of this State having jurisdiction of the subject matter may, without serving a summons upon him, exercise jurisdiction in an action over a person: (1) Who makes a general appearance in an action; provided, that obtaining an extension of time within which to […]
1-75.8. Jurisdiction in rem or quasi in rem – Grounds for generally. A court of this State having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated in this section. A judgment in rem or quasi in rem may affect the interests of a defendant in […]
1-75.9. Jurisdiction in rem or quasi in rem – Manner of exercising. A court of this State exercising jurisdiction in rem or quasi in rem pursuant to G.S. 1-75.8 may affect the interests of a defendant in such an action only if process has been served upon the defendant in accordance with the provisions of […]
