Timing

Front 1

Adverse Possession SOL

Back 1

20 years

Front 2

Adverse Possession under Color of Title SOL

Back 2

7 years

Front 3

Damages for personal injury, death, or damage to property based on alleged product defect SOL

Back 3

12 years from date of initial purchase

Front 4

Action for foreclosure of a mortgage of real property SOL

Back 4

10 years

Front 5

Action upon court judgment SOL

Back 5

10 years

Front 6

Breach of Contracts for Sale of Goods SOL

Back 6

4 years

Front 7

Negligence, generally SOL

Back 7

3 years

Front 8

Intentional torts SOL

Back 8

3 years

Front 9

Defamation SOL

Back 9

1 year

Front 10

Application for widow's year allowance SOL

Back 10

1 year

Front 11

Action for deficiency judgment after disclosure SOL

Back 11

1 year

Front 12

Action for professional malpractice after discovery of latent injury SOL

Back 12

1 year from discovery or should have discovered (but no less than 3 years, and no longer than 4 years from last negligent act)

Front 13

New action based on claim dismissed without prejudice SOL

Back 13

1 year after dismissal unless judges or parties specify a shorter time.

Relates back to original filing.

Front 14

General negligence action where injury is latent SOL

Back 14

3 years from time injury discovered or reasonably should have been discovered

(but no more than 10 years from last negligent act)

Front 15

Action for injury from foreign object left in the body by professional SOL

Back 15

1 year from discovery, but no more than10 years from last negligent act

Front 16

How long do you have to effectuate service after issuance of the summons?

Back 16

60 days, but can be continued

Front 17

If service of the original summons is not timely effectuated, how do you have time extended? For how long can you extend it?

Back 17

Seek endorsement or alias or pluries summons from clerk of court. Issuance of either extends action 90 days; timing relates back to original filing.

Front 18

When can you file a motion to remove to federal court?

Back 18

Within 30 days from service of complaint. If it doesn't become removable until later, 30 days from that time, but never more than 1 year after it was commenced (unless bad faith).

Front 19

What is the deadline for filing an Answer or Preanswer Motion?

Back 19

30 days. If you file a Presanswer Motion, you have an additional 20 days from ruling.

Front 20

How long do you have to respond to a Request for Admissions?

Back 20

30 days. Failure to respond deemed admission.

Front 21

If your claim is dismissed without prejudice, how long do you have to re-file?

Back 21

1 year. Timing relates back to original filing.

Front 22

How and when must you demand a jury trial?

Back 22

In writing w/in 10 days of service of last pleading directed to that issue.

Front 23

When should you move for a Directed Verdict?

Back 23

At close of evidence.

NOTE: required to preserve JNOV.

Front 24

When must you move for Judgment Notwithstanding the Verdict?

Back 24

Within 10 days of entry of judgment.

NOTE: FRCP require 28 days after judgment.

Front 25

When must you move for a New Trial?

Back 25

Within 10 days of entry of judgment.

NOTE: FRCP require 28 days after judgment.

Front 26

When must you file a Notice of Appeal?

Back 26

Within 30 days from entry of judgment, or, if you filed a Motion for New Trial or JNOV, 30 days from entry of order on motion.

Front 27

When can you file for Relief from Judgment?

Back 27

If based on mistake, newly discovered evidence, or fraud, you must file w/in 1 year from entry of judgment.

Otherwise, within a reasonable time.

Front 28

When can you move for Summary Judgment?

Back 28

Claimant has to wait 30 days after action commences.

Defendant may move at any time after action commences.

NOTE: FRCP requires 30 days after close of discovery.

Front 29

When must an action be brought under Chapter 99B?

Back 29

within 3 years from time when injury or propery damages becomes or should've become apparent, but never more than 12 years from purchase.

Front 30

Action for damages to property or for injury or wrongful death resulting from an unsafe condition of an improvement of real property, if brought against persons who performed or furnished design, planning, supervision, or construction of the improvements.

Back 30

6 years. Note: cannot be used as a defense by someone who commits fraud, willful and wanton negligence, or covers up the same

Front 31

Under NC law, when do possibilities of reverter, rights of entry, or executory interests become invalid?

Back 31

When (1) future interests right to vest in possession depends on an event affecting the use of land; and

(2) future interest does not actually vest in possession within 60 years.

Front 32

When do options and rights of first refusal become invalid in NC?

Back 32

If it is not actually exercised within 30 years after creation.

Front 33

In general, when do nonvested property interests become invalid in NC?

Back 33

NC adopted USRAP.

If (1) it would violate the common law RAP; and

(2) it fails to vest within 90 years after its creation.

Front 34

In NC, how much notice is required to terminate a year-to-year periodic tenancy?

Back 34

1 month

Front 35

In NC, how much notice is required to terminate a month-to-month periodic tenancy?

Back 35

1 week

Front 36

In NC, how much notice is required to terminate a week-to-week periodic tenancy?

Back 36

2 days.

Front 37

In NC, how much notice is required to terminate the lease of a space for a manufactured home?

Back 37

60 days, regardless of term

Front 38

To what length of term does NC's Vacation Rental Act apply?

Back 38

residential property for vacation for fewer than 90 days

Front 39

In NC, what are the SOL periods for obtaining state-owned land by adverse possession?

Back 39

21 years under COL; 30 years under possession

Front 40

In NC, when must a grantee/donee record a deed of gift?

Back 40

Within 2 years after its making or it becomes absolutely void.