# N.C. R. Civ. P. 7: Rule 7. Pleadings allowed; motions

> North Carolina · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R7

## Section

- **Citation:** N.C. R. Civ. P. 7
- **Heading:** Rule 7. Pleadings allowed; motions
- **Jurisdiction:** North Carolina
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** North Carolina Court Rules / North Carolina Rules of Civil Procedure / N.C. R. Civ. P. 7

## Text

(a) Pleadings. - There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. If the answer alleges contributory negligence, a party may serve a reply alleging last clear chance. No other pleading shall be allowed except that the court may order a reply to an answer or a third-party answer.
(b) Motions and other papers. -
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial or at a session at which a cause is on the calendar for that session, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) A motion to transfer under G.S. 7A-258 shall comply with the directives therein specified but the relief thereby obtainable may also be sought in a responsive pleading pursuant to Rule 12(b).
(4) A motion in a civil action in a county that is part of a multicounty judicial district may be heard in another county which is part of that same judicial district with the permission of the senior resident superior court judge of that district or of that judge's designee. Except for emergencies as determined by the senior resident superior court judge or that judge's designee, a motion in a civil action to be heard outside the county in which the case is filed shall be heard at a civil session of court.
(c) Demurrers, pleas, etc., abolished. - Demurrers, pleas, and exceptions for insufficiency shall not be used.
t judge of that district or of that judge's designee. Except for emergencies as determined by the senior resident superior court judge or that judge's designee, a motion in a civil action to be heard outside the county in which the case is filed shall be heard at a civil session of court.
(c) Demurrers, pleas, etc., abolished. - Demurrers, pleas, and exceptions for insufficiency shall not be used.
(d) Pleadings not read to jury. - Unless otherwise ordered by the judge, pleadings shall not be read to the jury. (1967, c. 954, s. 1; 1971, c. 1156, s. 1; 2000-127, s. 2; 2005-163, s. 1; 2011-317, s. 1.)

## Nearby sections

- [N.C. R. Civ. P. 1 Rule 1. Scope of rules](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R1.md)
- [N.C. R. Civ. P. 2 Rule 2. One form of action](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R2.md)
- [N.C. R. Civ. P. 3 Rule 3. Commencement of action](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R3.md)
- [N.C. R. Civ. P. 4 Rule 4. Process](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R4.md)
- [N.C. R. Civ. P. 5 Rule 5. Service and filing of pleadings and other papers](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R5.md)
- [N.C. R. Civ. P. 6 Rule 6. Time](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R6.md)
- [N.C. R. Civ. P. 7 Rule 7. Pleadings allowed; motions](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R7.md)
- [N.C. R. Civ. P. 8 Rule 8. General rules of pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R8.md)
- [N.C. R. Civ. P. 9 Rule 9. Pleading special matters](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R9.md)
- [N.C. R. Civ. P. 10 Rule 10. Form of pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R10.md)
- [N.C. R. Civ. P. 11 Rule 11. Signing and verification of pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R11.md)
- [N.C. R. Civ. P. 12 Rule 12. Defenses and objections; when and how presented; by pleading or motion; motion for judgment on pleading](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R12.md)
- [N.C. R. Civ. P. 13 Rule 13. Counterclaim and crossclaim](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R13.md)
- [N.C. R. Civ. P. 14 Rule 14. Third-party practice](https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_NC_NCRCP_R7. Check the current official text before relying on it. Not legal advice.
