N.C. Gen. Stat. § 1-2
Actions
Find cases:
SyfertCases citing this section
NCLEGncleg.gov (official)
JustiaChapter 1
CornellLII Search
CasesGoogle Scholar
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. 392.)
Notes of Decisions
Cited in 70
cases (15 in the last 5 years), 1886–2026 · leading case: State v. Tutt
State v. Tutt (2005)
“101, §§ 1-2. The language of the amendment is verbatim with Rule 103 of the Federal Rules of Evidence and Rule 103 of the Uniform Rules of Evidence.”
In Re the Investigation of the Death of Miller (2003)
“The parties agree that the State has initiated this matter as a cause in the nature of a special proceeding, N.C.G.S. § 1-2 (2001); N.C.G.S. § 1-3 (2001), and we note that while this action was not commenced in strict accord with the usual process as set forth in the North…”
Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources (1993)
“An "action" as defined in N.C.G.S. § 1-2 "is an ordinary proceeding in a court of justice .”
In Re the Investigation Into the Injury of Brooks (2001)
“” N.C. Gen. Stat. § 1-2 (1999); see also N.”
Internet East, Inc. v. Duro Communications, Inc. (2001)
“Therefore, the trial court concluded that plaintiffs had a common law right to litigation pursuant to the *405 North Carolina Constitution and Section 1-2 of the North Carolina General Statutes.”
Keith v. Wallerich (2009)
“” N.C. Gen. Stat. § 1-2 (2007). “Special proceedings” are defined as “[e]very other remedy.”
In re T.R.P. (2006)
“Gray Wilson, North Carolina Civil Procedure § 1-2, at 2 (2d ed. 1995) (“It was the intent of the General Statutes Commission that drafted the civil rules to develop a scheme under which cases could be disposed of on the merits and not on the basis of procedural errors.”
In Re the Summons Issued to Ernst & Young, LLP (2009)
“§ 1-2. Indeed, it is only after conducting the investigation that the Secretary is able to identify any violations of the tax laws, as well as the persons potentially liable for such violations, and determine whether to pursue civil or criminal penalties.”
In Re Twin County Motorsports, Inc. (2014)
“The definition of “action” encompasses “ordinary” proceedings while a “special proceeding” includes every other remedy in a court of justice.”
State v. Santifort (2017)
“N.C. Gen. Stat. § 1-2 defines an "action" as "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.”
In Re Clark (1981)
“A proceeding to terminate parental rights is clearly not a criminal action, thus it is either a civil action or a special proceeding, G.S. 1-2, G.S. 1-3, G.S. 1-4. If this is a civil action, the Rules apply, G.”
Cole v. N.C. Dep't of Pub. Safety (2017)
“3 N.C. Gen. Stat. § 1-2 provides: "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.”
— N.C. Gen. Stat. § 1-2(A) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.