NORTH CAROLINA RULES OF CIVIL PROCEDURE — RULE 8 / RULE 12

Answer and Affirmative Defenses

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01ATTORNEY INFORMATION
02CASE INFORMATION
03RESPONSES TO COMPLAINT PARAGRAPHS
04AFFIRMATIVE DEFENSES
05DEMAND FOR JURY TRIAL
06PRAYER FOR RELIEF
07CERTIFICATE OF SERVICE

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RULE 8 / RULE 12 CHECKLIST

  • Answer must be filed within 30 days of service of the complaint (Rule 12(a))
  • Each paragraph of the complaint must be admitted, denied, or disclaimed for lack of knowledge
  • Affirmative defenses not raised in the answer may be waived
  • Rule 12(b)(2)–(5) defenses must be raised in the first responsive pleading or are waived
  • A general denial is not sufficient — each averment must be specifically addressed
  • Jury demand must be served no later than 10 days after the last pleading directed to the issue (Rule 38(b))

STATUTORY REFERENCE

Rule 8General rules of pleading
Rule 8(b)Defenses; form of denials
Rule 8(c)Affirmative defenses
Rule 12(a)30-day answer deadline
Rule 12(b)Defenses by motion
Rule 38(b)Jury demand
G.S. 1-523-year statute of limitations
G.S. 1-5610-year catch-all limitations

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