The granting of a motion by the defendant for judgment of dismissal as to the plaintiff‘s cause of action shall not amount to the taking of a voluntary dismissal on any counterclaim which the defendant was required or permitted to plead pursuant to N.C. Gen. Stat. § 1A-1, Rule 13. (1959, c. 77; 1971, c. 1093, s. 3.)

Terms Used In North Carolina General Statutes 1-183.1

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Plaintiff: The person who files the complaint in a civil lawsuit.