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NC BLET CIVIL PROCESS EXAM QUESTIONS AND ANSWERS
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NC BLET CIVIL PROCESS EXAM QUESTIONS AND ANSWERS
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NC BLET CIVIL PROCESS EXAMQUESTIONS AND ANSWERS
What civil actions do not require a service fee? - Answer-50B Domestic, 50C Civil No
Contact
What is the purpose of the courts waiving the fees on 50B and 50C actions? - Answer-
To encourage victims of limited financial means in those situations to apply to the court
for necessary protection.
What is a Small Claims action? - Answer--A civil case for *$10,000 or less*
-Plaintiff seeking *money, recovery of personal property, or summary ejectment
(eviction)*.
Who hears small claims actions? - Answer-Magistrate
What does a Summons mean? - Answer-The Summons provides the defendant the
"*Next Step*" to be taken in the legal process, ie. come to trial at this date, and time.
What is a Civil Summons and where are they filed? - Answer--Filed in District or
Superior Courts
-All ordinary civil action (breach of contract, personal injury, vehicle negligence cases,
medical malpractice, divorce)
-All lawsuits involving a child
How long does the defendant have to respond to a Civil Summons? - Answer-*30 days*
to respond in writing or physical appear.
What if a defendant doesn't respond to a Civil Summons? - Answer-A default judgement
in favor of the plaintiff will be entered
Who is the Special Proceeding Summons initially heard by and why? - Answer-Initially
heard by a Clerk of Court because the judgement needs to be fast or expedited
How long does the defendant have to respond to a Special Proceeding Summons? -
Answer-10 Days
In a Special Proceeding, the plaintiff is called ______, and the defendant is called a
________, and the complaint is called the ____________. - Answer-Plaintiff = Petitioner
Defendant = Respondent
Complaint = Petition
What is a Partition Proceeding Summons? - Answer-An action to partition real property.
-respondent has 30 days to respond
, What is a Notice of Hearing - Power of Sale Foreclosure action? - Answer-An action
asking the courts to order sale of that property to regain title over it, (owner of property
kicked out)
What does Notice of Hearing in Foreclosure specify? - Answer-Time and Date for a
hearing before a clerk
When is a Juvenile Summons issued? - Answer--*Delinquent/Undisciplined*-Initiated
against a juvenile for *delinquency*/*undisciplined*, orders the juvenile to appear at a
hearing at a specified time, date, and place
-*Abused/Neglect/Dependent*- initiated against the alleged abuser/parent because a
juvenile is alleged to be abused/neglected or dependant
What does a delinquent/undisciplined Juvenile hearing determine the parent or guardian
to do? - Answer-Whether the parent should be required to pay for the attorney
appointed to represent the juvenile.
What does abused/neglect/dependent Juvenile hearing order the parent to do? -
Answer-Whether the parent should receive counseling, treatment, or should have an
attorney appointed to represent them in the custody hearing.
What is a Summons in Proceeding to Terminate Parental Rights? - Answer-A summons
to a proceeding to terminate a parent's rights about care/custody of a child.
How long does the respondent have to answer a Summons in Proceeding to Terminate
Parental Rights? - Answer-Within 30 days to answer written or in person
What is a Subpoena? - Answer-a writ ordering a person to attend a court.
What are the two types of Subpoena? - Answer-1. Subpoena to testify in court
2. Subpoena to produce evidence in court
What does Duces Tecum refer to? - Answer-Subpoena to produce evidence in court
Who is the petitioner in a Termination of Parental hearing? - Answer-The child
What does Ex Parte mean? - Answer-From 1 side or party only
How long are most Ex Parte orders valid for? - Answer-Since they are temporary, most
last 3 - 7 days
What is the Civil Process for a 50B Domestic Violence Action? - Answer-1. Complaint
and Motion for order
2. Summons
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