(a)        The parties to an action brought pursuant to this Article shall be entitled to conduct discovery, if the action is filed originally in or appealed to the district court, only in accordance with this section.

(b)        Any defendant must initiate all discovery within the time allowed by this Article for the filing of an answer or counterclaim.

(c)        The plaintiff must initiate all discovery within 20 days of service of an answer or counterclaim by a defendant.

(d)       All parties served with interrogatories, requests for production of documents, and requests for admissions under N.C. Gen. Stat. § 1A-1, Rules 33, 34, and 36 shall serve their responses within 20 days.

(e)        Upon application by the plaintiff, or agreement of the parties, the court shall issue a preliminary injunction against all alleged illegal activity by the defendant or other identified parties who are residents of the individual rental unit or guests of defendants, pending the completion of discovery and any other wait before the trial has occurred. (1995, c. 419, s. 1.)

lease

Need help with a review of a residential lease?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In North Carolina General Statutes 42-70

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Individual rental unit: means an apartment or individual dwelling or accommodation which is leased to a particular tenant, whether or not it is used or occupied or intended to be used or occupied by a single family or household. See North Carolina General Statutes 42-59
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  Previous section
Next section  
 Article 7 Contents