Summons

What Is A Summons In A North Carolina Civil Case?

Under the summons rule in North Carolina’s Rules of Civil Procedure, a summons is issued when the complaint is filed, immediately and in any event within five days. It runs in the name of the State, is dated and signed by the clerk, and is directed to each defendant. It notifies each defendant to appear and answer within 30 days after service, which matches the answer deadline in N.C. R. Civ. P. 12.

The summons and a copy of the complaint are then delivered for service. Inside North Carolina that is usually the sheriff of the county where the defendant is found, or another person authorized by law.

How Long Does A Plaintiff Have To Serve A Summons In North Carolina?

The rule requires personal service within 60 days after the summons is issued. If service has not been made in time, the case can be kept alive as to that defendant in one of two ways: the plaintiff can get an endorsement on the original summons extending the time, or obtain a new summons, called an alias or pluries summons. Either must be done within 90 days after the last summons was issued or the last endorsement was made.

Why Can A Broken Summons Chain Cost An Injury Claim?

This is where the summons rules meet the statute of limitations. Most North Carolina personal injury claims must be filed within three years under N.C. Gen. Stat. § 1-52(16). Filing the complaint on time is not enough if the summons chain lapses. When there is neither an endorsement nor an alias or pluries summons within the time allowed, the action is discontinued as to any unserved defendant. A later summons can revive it, but the action is then treated as starting on that later date.

If that later date falls after the three-year deadline, the claim against that defendant may be barred. Cases filed close to the deadline need a service plan from day one.

How Is A Summons Served On An Out-of-state Driver After A North Carolina Crash?

North Carolina has a specific statute for this. Under N.C. Gen. Stat. § 1-105, a nonresident who drives a motor vehicle on North Carolina highways is treated as having appointed the Commissioner of Motor Vehicles as his or her agent to receive a summons in any action growing out of an accident or collision in the state. The plaintiff leaves a copy of the process and a $20 fee with the Commissioner, and notice and a copy are sent to the defendant by certified or registered mail. Service is complete on the date shown on the return receipt, with special rules if the letter is refused or unclaimed.

A worked example: a tourist from another state rear-ends a Wilmington driver and goes home. The injured driver files suit in North Carolina, serves the Commissioner under § 1-105, and mails the papers to the tourist’s address. The out-of-state driver must answer in the North Carolina case, where the defense may argue contributory negligence, which it must prove under N.C. Gen. Stat. § 1-139.

What Should You Do If You Are Served With A Summons?

Read it the day it arrives and note the date of service. The answer is generally due 30 days later, and a defendant who does not respond risks a default. If the case arises from a car crash, send the summons and complaint to your liability insurer right away; the policy usually requires it, and the insurer typically provides a defense lawyer.

If you were also hurt in the same crash, talk to your own lawyer too. A claim you have against the plaintiff from the same collision may need to be raised as a counterclaim in that case.