Motion to dismiss appeal north carolina


Aug 24, 2015 · No, the motion was unnecessary because Rule 15(a) of the North Carolina Rules of Civil Procedure says that "a party may amend his pleading once as a matter of course at any time before a responsive pleading is served. . . ." N.C.R.Civ. P. 15(a)(emphasis added). Weren’t the Motions to Dismiss a "responsive pleading"? An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. NO. COA12-349 NORTH CAROLINA COURT OF APPEALS Filed: 6 November 2012 MICHAEL JOSEPH ... If, on a motion asserting the defense numbered (6), to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56. Motion to Dismiss United States District Court District of South Carolina. Timing. Before Responsive Pleading. A Rule 12(b) motion must be made before pleading if a responsive pleading is allowed.