§ 15A-951. Motions in general; definition, service, and filing. - North Carolina Statutes

Article52.

Motions Practice.

§ 15A‑951.  Motions ingeneral; definition, service, and filing.

(a)        A motion must:

(1)        Unless made during ahearing or trial, be in writing;

(2)        State the grounds ofthe motion; and

(3)        Set forth the reliefor order sought.

(b)        Each written motionmust be served upon the attorney of record for the opposing party or upon thedefendant if he is not represented by counsel. Service upon the attorney orupon a party may  be made by delivering a copy of the motion to him or by mailingit to him at his address of record. Delivery of a copy within the meaning ofthis Article means handing it to the attorney or to the party or leaving it atthe attorney's office with an associate or employee. Service by mail iscomplete upon deposit of the motion enclosed in a postpaid, properly addressedwrapper in a post office or official depository under the exclusive care andcustody of the Postal Service of the United States.

(c)        All written motionsmust be filed with the court. Proof of service must be made by filing with thecourt a certificate:

(1)        By the prosecutor,attorney, or defendant making the motion that the paper was served in themanner prescribed; or

(2)        Of acceptance ofservice by the prosecutor, attorney, or defendant to be served.

The certificate must show thedate and method of service or the date of acceptance of service. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)