Rule 4. Process.

NORTH CAROLINA STATUTES AND CODES

(a) Summons Issuance;who may serve. Upon the filing of the complaint, summons shall be issuedforthwith, and in any event within five days. The complaint and summons shallbe delivered to some proper person for service. In this State, such properperson shall be the sheriff of the county where service is to be made or someother person duly authorized by law to serve summons. Outside this State, suchproper person shall be anyone who is not a party and is not less than 21 yearsof age or anyone duly authorized to serve summons by the law of the place whereservice is to be made. Upon request of the plaintiff separate or additionalsummons shall be issued against any defendants. A summons is issued when, afterbeing filled out and dated, it is signed by the officer having authority to doso. The date the summons bears shall be prima facie evidence of the date ofissue.

(b) Summons Contents. The summons shall run in the name of the State and be dated and signed by theclerk, assistant clerk, or deputy clerk of the court in the county in which theaction is commenced. It shall contain the title of the cause and the name ofthe court and county wherein the action has been commenced. It shall bedirected to the defendant or defendants and shall notify each defendant toappear and answer within 30 days after its service upon him and further that ifhe fails so to appear, the plaintiff will apply to the court for the reliefdemanded in the complaint. It shall set forth the name and address of plaintiff's attorney, or if there be none, the name and address of plaintiff. If arequest for admission is served with the summons, the summons shall so state.

(c) Summons Return. Personal service or substituted personal service of summons as prescribed byRule 4(j)(1) a and b must be made within 60 days after the date of the issuanceof summons. When a summons has been served upon every party named in thesummons, it shall be returned immediately to the clerk who issued it, withnotation thereon of its service.

Failure to make service withinthe time allowed or failure to return a summons to the clerk after it has beenserved on every party named in the summons shall not invalidate the summons. Ifthe summons is not served within the time allowed upon every party named in thesummons, it shall be returned immediately upon the expiration of such time bythe officer to the clerk of the court who issued it with notation thereon ofits nonservice and the reasons therefor as to every such party not served, butfailure to comply with this requirement shall not invalidate the summons.

(d) Summons Extension;endorsement, alias and pluries. When any defendant in a civil action is notserved within the time allowed for service, the action may be continued inexistence as to such defendant by either of the following methods of extension:

(1) The plaintiff maysecure an endorsement upon the original summons for an extension of time withinwhich to complete service of process. Return of the summons so endorsed shallbe in the same manner as the original process. Such endorsement may be securedwithin 90 days after the issuance of summons or the date of the last priorendorsement, or

(2) The plaintiff maysue out an alias or pluries summons returnable in the same manner as theoriginal process. Such alias or pluries summons may be sued out at any timewithin 90 days after the date of issue of the last preceding summons in thechain of summonses or within 90 days of the last prior endorsement.

Provided, in tax and assessmentforeclosures under G.S. 47‑108.25 and G.S. 105‑374, the firstendorsement may be made at any time within two years after the issuance of theoriginal summons, and subsequent endorsements may thereafter be made as inother actions; or an alias or pluries summons may be sued out at any timewithin two years after the issuance of the original summons, and after theissuance of such alias or pluries summons, the chain of summonses may be keptup as in any other action.

Provided, for service upon adefendant in a place not within the United States, the first endorsement may bemade at any time within two years after the issuance of the original summons,and subsequent endorsements may thereafter be made at least once every twoyears; or an alias or pluries summons may be sued out at any time within twoyears after the issuance of the original summons, and after the issuance ofsuch alias or pluries summons, the chain of summonses may be kept up as in anyother action if sued out within two years of the last preceding summons in thechain of summonses or within two years of the last prior endorsement.

Provided, further, the methodsof extension may be used interchangeably in any case and regardless of the formof the preceding extension.

(e) Summons Discontinuance. When there is neither endorsement by the clerk nor issuance of alias orpluries summons within the time specified in Rule 4(d), the action isdiscontinued as to any defendant not theretofore served with summons within thetime allowed. Thereafter, alias or pluries summons may issue, or an extensionbe endorsed by the clerk, but, as to such defendant, the action shall be deemedto have commenced on the date of such issuance or endorsement.

(f) Summons Date ofmultiple summonses. If the plaintiff shall cause separate or additionalsummonses to be issued as provided in Rule 4(a), the date of issuance of suchseparate or additional summonses shall be considered the same as that of theoriginal summons for purposes of endorsement or alias summons under Rule 4(d).

(g) Summons Docketingby clerk. The clerk shall keep a record in which he shall note the day andhour of issuance of every summons, whether original, alias, pluries, orendorsement thereon. When the summons is returned, the clerk shall note on therecord the date of the return and the fact as to service or non‑service.

(h) Summons Whenproper officer not available. If at any time there is not in a county aproper officer, capable of executing process, to whom summons or other processcan be delivered for service, or if a proper officer refuses or neglects toexecute such process, or if such officer is a party to or otherwise interestedin the action or proceeding, the clerk of the issuing court, upon the factsbeing verified before him by written affidavit of the plaintiff or his agent orattorney, shall appoint some suitable person who, after he accepts such processfor service, shall execute such process in the same manner, with like effect,and subject to the same liabilities, as if such person were a proper officerregularly serving process in that county.

(h1) Summons Whenprocess returned unexecuted. If a proper officer returns a summons or otherprocess unexecuted, the plaintiff or his agent or attorney may cause service tobe made by anyone who is not less than 21 years of age, who is not a party tothe action, and who is not related by blood or marriage to a party to theaction or to a person upon whom service is to be made. This subsection shallnot apply to executions pursuant to Article 28 of Chapter 1 or summaryejectment pursuant to Article 3 of Chapter 42 of the General Statutes.

(i) Summons Amendment. At any time, before or after judgment, in its discretion and upon such termsas it deems just, the court may allow any process or proof of service thereofto be amended, unless it clearly appears that material prejudice would resultto substantial rights of the party against whom the process issued.

(j) Process Mannerof service to exercise personal jurisdiction. In any action commenced in acourt of this State having jurisdiction of the subject matter and grounds forpersonal jurisdiction as provided in G.S. 1‑75.4, the manner of serviceof process within or without the State shall be as follows:

(1) Natural Person. Exceptas provided in subdivision (2) below, upon a natural person by one of thefollowing:

a. By delivering a copyof the summons and of the complaint to the natural person or by leaving copiesthereof at the defendant's dwelling house or usual place of abode with someperson of suitable age and discretion then residing therein.

b. By delivering a copyof the summons and of the complaint to an agent authorized by appointment or bylaw to be served or to accept service of process or by serving process uponsuch agent or the party in a manner specified by any statute.

c. By mailing a copy ofthe summons and of the complaint, registered or certified mail, return receiptrequested, addressed to the party to be served, and delivering to theaddressee.

d. By depositing with adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) acopy of the summons and complaint, addressed to the party to be served,delivering to the addressee, and obtaining a delivery receipt. As used in thissub‑subdivision, "delivery receipt" includes an electronic orfacsimile receipt.

e. By mailing a copy ofthe summons and of the complaint by signature confirmation as provided by theUnited States Postal Service, addressed to the party to be served, anddelivering to the addressee.

(2) Natural Person underDisability. Upon a natural person under disability by serving process in anymanner prescribed in this section (j) for service upon a natural person and, inaddition, where required by paragraph a or b below, upon a person thereindesignated.

a. Where the personunder disability is a minor, process shall be served separately in any mannerprescribed for service upon a natural person upon a parent or guardian havingcustody of the child, or if there be none, upon any other person having thecare and control of the child. If there is no parent, guardian, or other personhaving care and control of the child when service is made upon the child, thenservice of process must also be made upon a guardian ad litem who has beenappointed pursuant to Rule 17.

b. If the plaintiffactually knows that a person under disability is under guardianship of anykind, process shall be served separately upon his guardian in any mannerapplicable and appropriate under this section (j). If the plaintiff does notactually know that a guardian has been appointed when service is made upon aperson known to him to be incompetent to have charge of his affairs, thenservice of process must be made upon a guardian ad litem who has been appointedpursuant to Rule 17.

(3) The State. Uponthe State by personally delivering a copy of the summons and of the complaintto the Attorney General or to a deputy or assistant attorney general; bymailing a copy of the summons and of the complaint, registered or certifiedmail, return receipt requested, addressed to the Attorney General or to adeputy or assistant attorney general; or by depositing with a designateddelivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) a copy of thesummons and complaint, addressed to the Attorney General or to a deputy orassistant attorney general, delivering to the addressee, and obtaining adelivery receipt. As used in this subdivision, "delivery receipt"includes an electronic or facsimile receipt.

(4) An Agency of theState.

a. Upon an agency ofthe State by personally delivering a copy of the summons and of the complaintto the process agent appointed by the agency in the manner hereinafterprovided; by mailing a copy of the summons and of the complaint, registered orcertified mail, return receipt requested, addressed to said process agent; orby depositing with a designated delivery service authorized pursuant to 26U.S.C. § 7502(f)(2) a copy of the summons and complaint, addressed to theprocess agent, delivering to the addressee, and obtaining a delivery receipt.As used in this sub‑subdivision, "delivery receipt" includes anelectronic or facsimile receipt.

b. Every agency of theState shall appoint a process agent by filing with the Attorney General the nameand address of an agent upon whom process may be served.

c. If any agency of theState fails to comply with paragraph b above, then service upon such agency maybe made by personally delivering a copy of the summons and of the complaint tothe Attorney General or to a deputy or assistant attorney general; by mailing acopy of the summons and of the complaint, registered or certified mail, returnreceipt requested, addressed to the Attorney General, or to a deputy orassistant attorney general; or by depositing with a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons andcomplaint, addressed to the Attorney General or to a deputy or assistantattorney general, delivering to the addressee, and obtaining a deliveryreceipt. As used in this sub‑subdivision, "delivery receipt"includes an electronic or facsimile receipt.

d. For purposes of thisrule, the term "agency of the State" includes every agency,institution, board, commission, bureau, department, division, council, memberof Council of State, or officer of the State government of the State of NorthCarolina, but does not include counties, cities, towns, villages, othermunicipal corporations or political subdivisions of the State, county or cityboards of education, other local public districts, units, or bodies of anykind, or private corporations created by act of the General Assembly.

(5) Counties, Cities,Towns, Villages and Other Local Public Bodies.

a. Upon a city, town,or village by personally delivering a copy of the summons and of the complaintto its mayor, city manager or clerk; by mailing a copy of the summons and ofthe complaint, registered or certified mail, return receipt requested,addressed to its mayor, city manager or clerk; or by depositing with adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) acopy of the summons and complaint, addressed to the mayor, city manager, orclerk, delivering to the addressee, and obtaining a delivery receipt. As usedin this sub‑subdivision, "delivery receipt" includes anelectronic or facsimile receipt.

b. Upon a county bypersonally delivering a copy of the summons and of the complaint to its countymanager or to the chairman, clerk or any member of the board of commissionersfor such county; by mailing a copy of the summons and of the complaint,registered or certified mail, return receipt requested, addressed to its countymanager or to the chairman, clerk, or any member of this board of commissionersfor such county; or by depositing with a designated delivery service authorizedpursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons and complaint,addressed to the county manager or to the chairman, clerk, or any member of theboard of commissioners of that county, delivering to the addressee, andobtaining a delivery receipt. As used in this sub‑subdivision,"delivery receipt" includes an electronic or facsimile receipt.

c. Upon any otherpolitical subdivision of the State, any county or city board of education, orother local public district, unit, or body of any kind (i) by personallydelivering a copy of the summons and of the complaint to an officer or directorthereof, (ii) by personally delivering a copy of the summons and of thecomplaint to an agent or attorney‑in‑fact authorized by appointmentor by statute to be served or to accept service in its behalf, (iii) by mailinga copy of the summons and of the complaint, registered or certified mail,return receipt requested, addressed to the officer, director, agent, or attorney‑in‑factas specified in (i) and (ii), or (iv) by depositing with a designated deliveryservice authorized pursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons andcomplaint, addressed to the officer, director, agent, or attorney‑in‑factas specified in (i) and (ii), delivering to the addressee, and obtaining adelivery receipt. As used in this sub‑subdivision, "deliveryreceipt" includes an electronic or facsimile receipt.

d. In any case wherenone of the officials, officers or directors specified in paragraphs a, b and ccan, after due diligence, be found in the State, and that fact appears byaffidavit to the satisfaction of the court, or a judge thereof, such court orjudge may grant an order that service upon the party sought to be served may bemade by personally delivering a copy of the summons and of the complaint to theAttorney General or any deputy or assistant attorney general of the State ofNorth Carolina; by mailing a copy of the summons and of the complaint,registered or certified mail, return receipt requested, addressed to theAttorney General or any deputy or assistant attorney general of the State ofNorth Carolina; or by depositing with a designated delivery service authorizedpursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons and complaint,addressed to the Attorney General or any deputy or assistant attorney generalof the State of North Carolina, delivering to the addressee, and obtaining adelivery receipt. As used in this sub‑subdivision, "deliveryreceipt" includes an electronic or facsimile receipt.

(6) Domestic or ForeignCorporation. Upon a domestic or foreign corporation by one of the following:

a. By delivering a copyof the summons and of the complaint to an officer, director, or managing agentof the corporation or by leaving copies thereof in the office of such officer,director, or managing agent with the person who is apparently in charge of theoffice.

c. By mailing a copy ofthe summons and of the complaint, registered or certified mail, return receiptrequested, addressed to the officer, director or agent to be served asspecified in paragraphs a and b.

d. By depositing with adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) acopy of the summons and complaint, addressed to the officer, director, or agentto be served as specified in paragraphs a. and b., delivering to the addressee,and obtaining a delivery receipt. As used in this sub‑subdivision,"delivery receipt" includes an electronic or facsimile receipt.

(7) Partnerships. Upona general or limited partnership:

a. By delivering a copyof the summons and of the complaint to any general partner, or to any attorney‑in‑factor agent authorized by appointment or by law to be served or to accept serviceof process in its behalf; by mailing a copy of the summons and of thecomplaint, registered or certified mail, return receipt requested, addressed toany general partner, or to any attorney‑in‑fact or agent authorizedby appointment or by law to be served or to accept service of process in itsbehalf; or by depositing with a designated delivery service authorized pursuantto 26 U.S.C. § 7502(f)(2) a copy of the summons and complaint, addressed to anygeneral partner or to any attorney‑in‑fact or agent authorized byappointment or by law to be served or to accept service of process in itsbehalf, delivering to the addressee, and obtaining a delivery receipt; or byleaving copies thereof in the office of such general partner, attorney‑in‑factor agent with the person who is apparently in charge of the office. As used inthis sub‑subdivision, "delivery receipt" includes an electronicor facsimile receipt.

b. If relief is soughtagainst a partner specifically, a copy of the summons and of the complaint mustbe served on such partner as provided in this section (j).

(8) Other UnincorporatedAssociations and Their Officers. Upon any unincorporated association,organization, or society other than a partnership by one of the following:

a. By delivering a copyof the summons and of the complaint to an officer, director, managing agent ormember of the governing body of the unincorporated association, organization orsociety, or by leaving copies thereof in the office of such officer, director,managing agent or member of the governing body with the person who isapparently in charge of the office.

c. By mailing a copy ofthe summons and of the complaint, registered or certified mail, return receiptrequested, addressed to the officer, director, agent or member of the governingbody to be served as specified in paragraphs a and b.

d. By depositing with adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) acopy of the summons and complaint, addressed to the officer, director, agent,or member of the governing body to be served as specified in paragraphs a. andb., delivering to the addressee, and obtaining a delivery receipt. As used inthis sub‑subdivision, "delivery receipt" includes an electronicor facsimile receipt.

(9) Foreign States andTheir Political Subdivisions, Agencies, and Instrumentalities. Upon a foreignstate or a political subdivision, agency, or instrumentality thereof, pursuantto 28 U.S.C. § 1608.

(j1) Service bypublication on party that cannot otherwise be served. A party that cannotwith due diligence be served by personal delivery, registered or certifiedmail, or by a designated delivery service authorized pursuant to 26 U.S.C. §7502(f)(2) may be served by publication. Except in actions involvingjurisdiction in rem or quasi in rem as provided in section (k), service ofprocess by publication shall consist of publishing a notice of service ofprocess by publication once a week for three successive weeks in a newspaperthat is qualified for legal advertising in accordance with G.S. 1‑597 andG.S. 1‑598 and circulated in the area where the party to be served isbelieved by the serving party to be located, or if there is no reliableinformation concerning the location of the party then in a newspaper circulatedin the county where the action is pending. If the party's post‑office addressis known or can with reasonable diligence be ascertained, there shall be mailedto the party at or immediately prior to the first publication a copy of thenotice of service of process by publication. The mailing may be omitted if thepost‑office address cannot be ascertained with reasonable diligence. Uponcompletion of such service there shall be filed with the court an affidavitshowing the publication and mailing in accordance with the requirements of G.S.1‑75.10(a)(2), the circumstances warranting the use of service bypublication, and information, if any, regarding the location of the partyserved.

The notice of service ofprocess by publication shall (i) designate the court in which the action hasbeen commenced and the title of the action, which title may be indicatedsufficiently by the name of the first plaintiff and the first defendant; (ii)be directed to the defendant sought to be served; (iii) state either that apleading seeking relief against the person to be served has been filed or hasbeen required to be filed therein not later than a date specified in thenotice; (iv) state the nature of the relief being sought; (v) require thedefendant being so served to make defense to such pleading within 40 days aftera date stated in the notice, exclusive of such date, which date so stated shallbe the date of the first publication of notice, or the date when the complaintis required to be filed, whichever is later, and notify the defendant that uponhis failure to do so the party seeking service of process by publication willapply to the court for the relief sought; (vi) in cases of attachment, statethe information required by G.S. 1‑440.14; (vii) be subscribed by theparty seeking service or his attorney and give the post‑office address ofsuch party or his attorney; and (viii) be substantially in the following form:

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA ____________COUNTY

In the __________________ Court

[Titleof action or special proceeding] [To Person to be served]:

Take notice that a pleadingseeking relief against you (has been filed) (is required to be filed not laterthan ___________, ____) in the above‑entitled (action) (specialproceeding). The nature of the relief being sought is as follows:

(State nature.)

You arerequired to make defense to such pleading not later than (__________, ____) andupon your failure to do so the party seeking service against you will apply tothe court for the relief sought.

This,the _______ day of ____________, ____

(Attorney)(Party)

(Address)

(j2) Proof of service. Proof of service of process shall be as follows:

(1) Personal Service. Beforejudgment by default may be had on personal service, proof of service must beprovided in accordance with the requirements of G.S. 1‑75.10(a)(1).

(2) Registered orCertified Mail, Signature Confirmation, or Designated Delivery Service. Beforejudgment by default may be had on service by registered or certified mail,signature confirmation, or by a designated delivery service authorized pursuantto 26 U.S.C. § 7502(f)(2) with delivery receipt, the serving party shall filean affidavit with the court showing proof of such service in accordance withthe requirements of G.S. 1‑75.10(a)(4), 1‑75.10(a)(5), or 1‑75.10(a)(6),as appropriate. This affidavit together with the return receipt, copy of theproof of delivery provided by the United States Postal Service, or deliveryreceipt, signed by the person who received the mail or delivery if not theaddressee raises a presumption that the person who received the mail ordelivery and signed the receipt was an agent of the addressee authorized byappointment or by law to be served or to accept service of process or was aperson of suitable age and discretion residing in the addressee's dwellinghouse or usual place of abode. In the event the presumption described in thepreceding sentence is rebutted by proof that the person who received thereceipt at the addressee's dwelling house or usual place of abode was not aperson of suitable age and discretion residing therein, the statute oflimitation may not be pleaded as a defense if the action was initiallycommenced within the period of limitation and service of process is completedwithin 60 days from the date the service is declared invalid. Service shall becomplete on the day the summons and complaint are delivered to the address. Asused in this subdivision, "delivery receipt" includes an electronicor facsimile receipt provided by a designated delivery service.

(3) Publication. Beforejudgment by default may be had on service by publication, the serving partyshall file an affidavit with the court showing the circumstances warranting theuse of service by publication, information, if any, regarding the location ofthe party served which was used in determining the area in which service bypublication was printed and proof of service in accordance with G.S. 1‑75.10(a)(2).

(j3) Service in aforeign country. Unless otherwise provided by federal law, service upon adefendant, other than an infant or an incompetent person, may be effected in aplace not within the United States:

(1) By anyinternationally agreed means reasonably calculated to give notice, such asthose means authorized by the Hague Convention on the Service Abroad of Judicialand Extrajudicial Documents; or

(2) If there is nointernationally agreed means of service or the applicable internationalagreement allows other means of service, provided that service is reasonablycalculated to give notice:

a. In the mannerprescribed by the law of the foreign country for service in that country in anaction in any of its courts of general jurisdiction;

b. As directed by theforeign authority in response to a letter rogatory or letter of request; or

c. Unless prohibited bythe law of the foreign country, by

1. Delivery to theindividual personally of a copy of the summons and the complaint and, upon acorporation, partnership, association or other such entity, by delivery to anofficer or a managing or general agent;

2. Any form of mailrequiring a signed receipt, to be addressed and dispatched by the clerk of thecourt to the party to be served; or

(3) By other means notprohibited by international agreement as may be directed by the court.

Service under subdivision(2)c.1. or (3) of this subsection may be made by any person authorized bysubsection (a) of this Rule or who is designated by order of the court or bythe foreign court.

On request, the clerk shalldeliver the summons to the plaintiff for transmission to the person or the foreigncourt or officer who will make the service. Proof of service may be made asprescribed in G.S. 1‑75.10, by the order of the court, or by the law ofthe foreign country.

Proof of service by mail shallinclude an affidavit or certificate of addressing and mailing by the clerk ofcourt.

(j4) Process or judgmentby default not to be attacked on certain grounds. No party may attack serviceof process or a judgment of default on the basis that service should or couldhave been effected by personal service rather than service by registered orcertified mail. No party that receives timely actual notice may attack ajudgment by default on the basis that the statutory requirement of duediligence as a condition precedent to service by publication was not met.

(j5) Personaljurisdiction by acceptance of service. Any party personally, or through thepersons provided in Rule 4(j), may accept service of process by notation ofacceptance of service together with the signature of the party acceptingservice and the date thereof on an original or copy of a summons, and suchacceptance shall have the same force and effect as would exist had the processbeen served by delivery of copy and summons and complaint to the person signingsaid acceptance.

(j6) Service by electronicmailing not authorized. Nothing in subsection (j) of this section authorizesthe use of electronic mailing for service on the party to be served.

(k) Process Manner ofservice to exercise jurisdiction in rem or quasi in rem. In any action commencedin a court of this State having jurisdiction of the subject matter and groundsfor the exercise of jurisdiction in rem or quasi in rem as provided in G.S. 1‑75.8,the manner of service of process shall be as follows:

(1) Defendant Known. Ifthe defendant is known, he may be served in the appropriate manner prescribedfor service of process in section (j), or, if otherwise appropriate section(j1); except that the requirement for service by publication in (j1) shall besatisfied if made in the county where the action is pending and proof ofservice is made in accordance with section (j2).

(2) Defendant Unknown. If the defendant is unknown, he may be designated by description and processmay be served by publication in the manner provided in section (j1), exceptthat the requirement for service by publication in (j1) shall be satisfied ifmade in the county where the action is pending and proof of service is made inaccordance with section (j2). (1967, c. 954, s. 1; 1969, c. 895, ss. 1‑4;1971, c. 962; c. 1156, s. 2; 1975, cc. 408, 609; 1977, c. 910, ss. 1‑3;1981, c. 384, s. 3; c. 540, ss. 1‑8; 1983, c. 679, ss. 1, 2; 1989, c.330; c. 575, ss. 1, 2; 1995, c. 275, s. 1; c. 389, ss. 2, 3; c. 509, s.135.1(e), (f); 1997‑469, s. 1; 1999‑456, s. 59; 2001‑379, ss.1, 2, 2.1, 2.2; 2005‑221, ss. 1, 2; 2008‑36, ss. 1‑3, 5.)