pleading complies rule (North Carolina) · Go Syfert
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pleading complies rule in North Carolina

20 North Carolina opinions name it 2 courts 1970–2025 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Sutton v. Dukegreen
nc · 1970 · cited in 17 North Carolina opinions naming this issue, 1972–2025
2 sentences

1985Sutton, 277 N.C. 94 , 176 S.E. 2d 161 , provides a standard for measuring sufficiency of pleadings under G.S. 1A-1, Rule 8(a)(1): A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and —by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.

1985Sutton, 277 N.C. 94 , 176 S.E. 2d 161 , provides a standard for measuring sufficiency of pleadings under G.S. 1A-1, Rule 8(a)(1): A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and —by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.

817
Roberts v. William N. & Kate B. Reynolds Mem. Parkgreen
nc · 1972 · cited in 3 North Carolina opinions naming this issue, 1972–1973
2 sentences

1972“Under G.S. 1A-1, Rule 8(a), detailed fact-pleading is not required. ‘A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.’ Sutton v. Duke, 277 N.C. 94, 104 , 176 S.E. 2d 161, 167 . ‘Under “notice pleading” a statement of claim is adequate if it gives sufficient notice of the claim as

1972“Under G.S. 1A-1, Rule 8(a), detailed fact-pleading is not required. ‘A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.’ Sutton v. Duke, 277 N.C. 94, 104 , 176 S.E. 2d 161, 167 . ‘Under “notice pleading” a statement of claim is adequate if it gives sufficient notice of the claim as

13
Vernon v. Cristgreen
nc · 1977 · cited in 1 North Carolina opinions naming this issue, 2004–2004
2 sentences

2004Vernon v. Crist, 291 N.C. 646, 653 , 231 S.E.2d 591, 595 (1977) (quoting Accord Rose v. Motor Sales, 288 N.C. 53 , 215 S.E.2d 573 (1975)).

2004Vernon v. Crist, 291 N.C. 646, 653 , 231 S.E.2d 591, 595 (1977) (quoting Accord Rose v. Motor Sales, 288 N.C. 53 , 215 S.E.2d 573 (1975)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Rose v. Epley Motor Sales green
nc · 1975
2 sentences

1977In Sutton v. Duke, supra at 104, 176 S.E. 2d at 167 , this Court, speaking through Justice Sharp (now Chief Justice), said: “A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.” Accord Rose v. Motor Sales, 288 N.C. 53 , 215 S.E. 2d 573 (1975).

1977In Sutton v. Duke, supra at 104, 176 S.E. 2d at 167 , this Court, speaking through Justice Sharp (now Chief Justice), said: “A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.” Accord Rose v. Motor Sales, 288 N.C. 53 , 215 S.E. 2d 573 (1975).

21977–2004
Lewis v. Gastonia Air Service, Inc. green
ncctapp · 1972
2 sentences

2016Lewis v. Gastonia Air Service, Inc. , 16 N.C.App. 317 , 318, 192 S.E.2d 6 , 7 (1972) (citations and quotation marks omitted).

2016Lewis v. Gastonia Air Service, Inc. , 16 N.C.App. 317 , 318, 192 S.E.2d 6 , 7 (1972) (citations and quotation marks omitted).

12016–2016
Newton v. Standard Fire Insurance green
nc · 1976
2 sentences

1983Any recovery for punitive damages must be based on aggravated, intentional, wanton or grossly negligent conduct, Newton v. Insurance Co., 291 N.C. 105 , 229 S.E.2d 297 (1976), and the pleading must allege sufficient facts to place a defendant on notice of the aggravating factors which would justify the awarding of punitive damages.

1983Any recovery for punitive damages must be based on aggravated, intentional, wanton or grossly negligent conduct, Newton v. Insurance Co., 291 N.C. 105 , 229 S.E.2d 297 (1976), and the pleading must allege sufficient facts to place a defendant on notice of the aggravating factors which would justify the awarding of punitive damages.

11983–1983
REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. Grimes green
nc · 1971
2 sentences

1975In Sutton v. Duke, 277 N.C. 94, 104 , 176 S.E. 2d 161 , speaking through Justice Sharp, now Chief Justice, we said, “A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the - adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.” See also: Redevelopment Commission v. Grimes, 277 N.C. 634, 645 , 178 S.E. 2d 345 . *59 Even under the old Code

1975In Sutton v. Duke, 277 N.C. 94, 104 , 176 S.E. 2d 161 , speaking through Justice Sharp, now Chief Justice, we said, “A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the - adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and — by using the rules provided for obtaining pretrial discovery — to get any additional information he may need to prepare for trial.” See also: Redevelopment Commission v. Grimes, 277 N.C. 634, 645 , 178 S.E. 2d 345 . *59 Even under the old Code

11975–1975
North American Acceptance Corp. v. Samuels green
ncctapp · 1971
1 sentence

1973See also Roberts v. Memorial Park, 281 N.C. 48 , 187 S.E. 2d 721 ; Acceptance Corp. v. Samuels, 11 N.C.

11973–1973
Myrtle S. Shull and Walter G. Shull v. Pilot Life Insurance Company green
ca5 · 1963
1 sentence

1970As pointed out in Shull v. Pilot Life Insurance Company, 313 F. 2d 445 (5th Cir. 1963), the notice theory of pleading does not necessarily mean that there must be a full-blown trial.

11970–1970

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (12)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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