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Terms Used In North Carolina General Statutes 1-396

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.

The complaint or petition of the plaintiff must be filed in the clerk’s office at or before the time of the issuance of the summons, unless time for filing said complaint or petition is extended as provided by N.C. Gen. Stat. § 1-398 (C.C.P., s. 76; 1876-7, c. 241, s. 4; Code, s. 281; Rev., s. 714; C.S., s. 755; 1943, c. 543.)