North Carolina General Statutes 15A-951. Motions in general; definition, service, and filing
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(a) A motion must:
(1) Unless made during a hearing or trial, be in writing;
Terms Used In North Carolina General Statutes 15A-951
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- filed: means :
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) State the grounds of the motion; and
(3) Set forth the relief or order sought.
(b) Each written motion must be served upon the attorney of record for the opposing party or upon the defendant if he is not represented by counsel. Service upon the attorney or upon a party shall be made as provided in N.C. Gen. Stat. § 1A-1, Rule 5.
(c) All written motions must be filed with the court. Proof of service must be made by filing with the court a certificate of service as provided in N.C. Gen. Stat. § 1A-1, Rule 5(b1). (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2021-47, s. 16(a).)