Special proceedings against adverse parties shall be commenced as is prescribed for civil actions. The summons shall notify the defendant or defendants to appear and answer the complaint or petition of the plaintiff within 10 days after its service upon the defendant or defendants, and must contain a notice stating in substance that if the defendant or defendants fail to answer the complaint or petition, within the time specified, the plaintiff will apply to the court for the relief demanded in the complaint or petition. The summons must run in the name of the State, be dated and signed by the clerk, assistant clerk, or deputy clerk of the superior court having jurisdiction in the special proceeding, be directed to the defendant or defendants, and be delivered for service to some proper person, as defined by G.S. 1A-1, Rule 4(a). The clerk shall indicate on the summons by appropriate words that the summons is issued in a special proceeding and not in a civil action. The manner of service is as prescribed for summons in civil actions by G.S. 1A-1, Rule 4. In partition proceedings under Chapter 46A of the General Statutes or where the defendant is an agency of the federal government, an agency of the State, a local government, or an agency of a local government, the time for filing an answer or other pleading is within 30 days after the date of service of summons or after the final determination of any motion required to be made prior to the filing of an answer. (1868-9, c. 93, s. 4; Code, ss. 279, 287; Rev., ss. 711, 712; C.S., s. 753; 1927, c. 66, s. 5; 1929, c. 50; c. 237, s. 3; 1939, c. 49, s. 2; c. 143; 1951, c. 783; 1961, c. 363; 1967, c. 954, s. 3; 1971, c. 1093, s. 17; 2009-362, s. 2; 2020-23, ss. 5, 8.)
Notes of Decisions
In Re the Investigation Into the Injury of Brooks, 548 S.E.2d 748 (N.C. Ct. App. 2001).
· cites it 2× “2d at 821 (quoting N.C. Gen. Stat. § 1-394 ). The Court noted that although the DA failed to follow the Rules of Civil Procedure, it was not fatal to his motion requesting disclosure.”
In the Matter of Legitimation of Locklear by Jones, 334 S.E.2d 46 (N.C. 1985).
· cites it 2× “See N.C. Gen. Stat. § 1-394 . The requirement that a summons be served upon the man to whom the child’s mother was married when the child was conceived and born would further be governed by G.”
Charns v. Brown, 502 S.E.2d 7 (N.C. Ct. App. 1998).
· cites it 2× “See N.C. Gen. Stat. § 1-394 (1996). Having determined that actions under G.”
In re Est. of Newton, 619 S.E.2d 571 (N.C. Ct. App. 2005).
“The summons shall comply with the requirements set forth in G.S. 1-394 for a special proceeding summons except that the clerk shall indicate on the summons by appropriate words that the summons is issued in an estate matter and not in a special proceeding or in a civil action.”
In Re Albemarle Mental Health Ctr., 256 S.E.2d 818 (N.C. Ct. App. 1979).
“” Moreover, G.S. 1-394 provides in part that “Special proceedings against adverse parties shall be commenced as is prescribed for civil actions.”
Matter of Adoption of Spinks, 232 S.E.2d 479 (N.C. Ct. App. 1977).
“Respondent contends that under G.S. 1-394, the natural parents, as adverse parties in this special proceeding, should have been served with summons and notice of the motion.”
In Re Adoption of Searle, 327 S.E.2d 315 (N.C. Ct. App. 1985).
“” Clearly, this adoption proceeding involves respondent as an adverse party; petitioner and respondent here are in the same relative position as a plaintiff and defendant would be in a civil action.”
Burlington City Bd. of Educ. v. Allen, 91 S.E.2d 180 (N.C. 1956).
“Thus it is that this proceeding is not instituted before the clerk as a judicial officer but as an agent designated by the General Assembly to perform certain specific duties in connection with the condemnation of land for public school use.”
Boring v. Mitchell, 169 S.E.2d 79 (N.C. Ct. App. 1969).
“G.S. 1-394. A civil action is commenced by the issuance of summons.”
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