Page:North Carolina General Statutes (2018) - Chapter 1.pdf/2

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Article 2.

General Provisions.

§ 1-8. Remedies not merged

Where the violation of a right admits both of the civil and a criminal remedy, the right to prosecute the one is not merged in the other. (C.C.P., s. 7; Code, S. 131; Rev., s. 353; C.S., s. 398)

§ 1-9. Repealed by Session Laws 1967, c. 954, s. 4.

§ 1-10. Plaintiff and defendant.

In civil actions the party complaining is the plaintiff, and the adverse party the defendant. (C.C.P., s. 13; Code, s. 134; Rev., 355; C.S., s. 400.)

§ 1-11. How party may appear.

A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s. 109; Rev., s. 356; C.S., s. 401.)

§ 1-12. Repealed by Session Laws 1967, c. 954, s. 4.

§ 1-13. Jurisdiction of clerk.

The clerk of the superior court has jurisdiction to hear and decide all questions of practice and procedure and all other matters over which jurisdiction is given to the superior court, unless the judge of the court or the court at a regular session is expressly referred to. (C.C.P., s. 108; Code, s. 251; Rev., s. 358; C.S., s. 403; 1971, c. 381, s. 12.)


Article 3.

Limitations, General Provisions.

§ 1-14. Repealed by Session Laws 1967, c. 954, s. 4.

§ 1-15. Statute runs from accrual of action.

(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitations is prescribed by statute.
(b) Repealed by Session Laws 1979, c. 654, s. 3.
(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last at of the defendant giving rise to the cause of action; Provided that whenever there is bodily injury to the person, economic or monetary loss, or a defect in or damage to property with originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be
NC General Statutes - Chapter 1