North Carolina General Statutes 1-183.1. Effect on counterclaim of dismissal as to plaintiff’s claim
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Terms Used In North Carolina General Statutes 1-183.1
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plaintiff: The person who files the complaint in a civil lawsuit.
The granting of a motion by the defendant for judgment of dismissal as to the plaintiff‘s cause of action shall not amount to the taking of a voluntary dismissal on any counterclaim which the defendant was required or permitted to plead pursuant to N.C. Gen. Stat. § 1A-1, Rule 13. (1959, c. 77; 1971, c. 1093, s. 3.)