Rule 84. Forms.

NORTH CAROLINA STATUTES AND CODES

The following forms aresufficient under these rules and are intended to indicate the simplicity andbrevity of statement which the rules contemplate:

(1) Complaint on a Promissory Note.

1. On or about ________,________, defendant executed and delivered to plaintiff a promissory note [inthe following words and figures: (here set out the note verbatim)]; [a copyof which is hereto annexed as Exhibit A]; [whereby defendant promised to pay toplaintiff or order on ____________, ________, the sum of ____________ dollarswith interest thereon at the rate of ______ percent per annum].

2. Defendant owes toplaintiff the amount of said note and interest.

Wherefore, plaintiff demandsjudgment against defendant for the sum of ____________ dollars, interest andcosts.

(2) Complaint on Account.

Defendant owes plaintiff____________ dollars according to the account hereto annexed as Exhibit A.

Wherefore, plaintiff demandsjudgment against defendant for the sum of ____________ dollars, interest andcosts.

(3) Complaint for Negligence.

1. On ________, ________, at[name of place where accident occurred], defendant negligently drove a motorvehicle against plaintiff who was then crossing said street.

2. Defendant was negligent inthat:

(a) Defendant drove atan excessive speed.

(b) Defendant drovethrough a red light.

3. As a result plaintiff wasthrown down and had his leg broken and was otherwise injured, was prevented fromtransacting his business, suffered great pain of body and mind, and incurredexpenses for medical attention and hospitalization [in the sum of one thousanddollars] (or) [in an amount not yet determined].

Wherefore, plaintiff demandsjudgment against defendant in the sum of ________ dollars and costs.

(4) Complaint for Negligence.

(Where Plaintiff Is Unable to Determine DefinitelyWhether

One or the Other of Two Persons Is Responsible or

Whether Both Are Responsible and Where His

Evidence May Justify a Finding of Willfulness

or of Recklessness or of Negligence.

1. On ______, ______, at______, defendant X or defendant Y, or both defendants X and Y, willfully orrecklessly or negligently drove or caused to be driven a motor vehicle againstplaintiff who was then crossing said street.

2. Defendant X or defendantY, or both defendants X and Y were negligent in that:

(a) Either defendant orboth defendants drove at an excessive speed.

(b) Either defendant orboth defendants drove through a red light.

3. As a result plaintiff wasthrown down and had his leg broken and was otherwise injured, was preventedfrom transacting his business, suffered great pain of body and mind, andincurred expenses for medical attention and hospitalization [in the sum of onethousand dollars] (or) [in an amount not yet determined].

Wherefore, plaintiff demandsjudgment against X or against Y or against both in the sum of ____________dollars and costs.

(5) Complaint for Specific Performance.

1. On or about __________,_______, plaintiff and defendant entered into an agreement in writing, a copyof which is hereto annexed as Exhibit A.

2. In accord with theprovisions of said agreement plaintiff tendered to defendant the purchase priceand requested a conveyance of the land, but defendant refused to accept thetender and refused to make the conveyance.

3. Plaintiff now offers topay the purchase price.

Wherefore, plaintiff demands(1) that defendant be required specifically to perform said agreement, (2)damages in the sum of ________ dollars, and (3) that if specific performance isnot granted plaintiff have judgment against defendant in the sum of ________dollars.

(6) Complaint in the Alternative.

Defendant owes plaintiff__________ dollars according to the account hereto annexed as Exhibit A.

II. ALTERNATIVE COUNT

Plaintiff claims in thealternative that defendant owes plaintiff ____________ dollars for goods soldand delivered by plaintiff to defendant between ____________, ________, and____________, ________.

(7) Complaint for Fraud.

1. On __________, ______, at_________, defendant with intent to defraud plaintiff represented to plaintiffthat ____________________.

2. Said representations wereknown by defendant to be and were false. In truth, [what the facts actuallywere].

3. Plaintiff believed andrelied upon the false representations, and thus was induced to ____________.

4. As a result of theforegoing, plaintiff has been damaged [nature and amount of damage].

Wherefore, plaintiff demandsjudgment against defendant for __________ dollars, interest and costs.

(8) Complaint for Money Paid by Mistake.

Defendant owes plaintiff____________ dollars for money paid by plaintiff to defendant by mistake underthe following circumstances:

1. On ________, _____, at________, pursuant to a contract _________, plaintiff paid defendant ________dollars.

(9) Motion for Judgment on the Pleadings.

Plaintiff moves that judgmentbe entered for plaintiff on the pleadings, on the ground that the undisputedfacts appearing therein entitle plaintiff to such judgment as a matter of law.

(10) Motion for More Definite Statement.

Defendant moves for an orderdirecting plaintiff to file a more definite statement of the following matters:[set out]

The ground of this motion isthat plaintiff 's complaint is so [vague] [ambiguous] in respect to thesematters that defendant cannot reasonably be required to frame an answer hereto,in that the complaint __________________.

(11) Answer to Complaint.

First Defense

The complaint fails to state aclaim against defendant upon which relief can be granted.

Second Defense

If defendant is indebted toplaintiff as alleged in the complaint, he is indebted to plaintiff jointly withX. X is alive; is a resident of the State of North Carolina, and is subject tothe jurisdiction of this court as to serve of process; and has not been made aparty.

Third Defense

1. Defendant admits theallegations contained in paragraphs ________ and ________ of the complaint.

2. Defendant alleges that heis without knowledge or information sufficient to form a belief as to the truthof the allegations contained in paragraph ________ of the complaint.

3. Defendant denies each andevery other allegation contained in the complaint.

Fourth Defense

The right of action set forthin the complaint did not accrue within ________ year next before thecommencement of this action.

Counterclaim

[Here set forth any claim as acounterclaim in the manner in which a claim is pleaded in acomplaint.]Crossclaim Against Defendant Y

[Here set forth the claimconstituting a crossclaim against defendant Y in the manner in which a claim ispleaded in a complaint.]

Dated: ____________.

_________________

Attorneyfor Defendant

(12) Motion to Bring in Third‑Party Defendant.

Defendant moves for leave tomake X a party to this action and that there be served upon him summons andthird‑party complaint as set forth in Exhibit A attached.

(13) Third‑Party Complaint.

__________________,

Plaintiff,

______________________,

Defendant and Third‑PartyComplaint

Third‑Party Plaintiff,

____________________

Third‑Party Defendant.

Civil Action No. ________

1. Plaintiff ______ has filedagainst defendant ________ a complaint, a copy of which is attached as"Exhibit C."

2. [Here state the groundsupon which the defendant and third‑party plaintiff is entitled to recoverfrom the third‑party defendant all or part of what plaintiff may recoverfrom the defendant and third‑party plaintiff.]

Wherefore, plaintiff demandsjudgment against third‑party defendant ________ for all sums that may beadjudged against defendant ________ in favor of plaintiff.

(14) Complaint for Negligence Under Federal Employer'sLiability

Act.

1. During all the timesherein mentioned defendant owned and operated in interstate commerce a railroadwhich passed through a tunnel located at _________ and known as Tunnel No.________.

2. On or about June 1,________, defendant was repairing and enlarging the tunnel in order to protectinterstate trains and passengers and freight from injury and in order to makethe tunnel more conveniently usable for interstate commerce.

3. In the course of thusrepairing and enlarging the tunnel on said day defendant employed plaintiff asone of its workmen, and negligently put plaintiff to work in a portion of thetunnel which defendant had left unprotected and unsupported.

4. By reason of defendant'snegligence in thus putting plaintiff to work in that portion of the tunnel,plaintiff was, while so working pursuant to defendant's orders, struck andcrushed by a rock which fell from the unsupported portion of the tunnel, andwas (here describe plaintiff's injuries).

5. Prior to these injuries,plaintiff was a strong, able‑bodied man, capable of earning and actuallyearning ________ dollars per day. By these injuries he has been made incapableof any gainful activity, has suffered great physical and mental pain, and hasincurred expense in the amount of _________ dollars for medicine, medicalattendance, and hospitalization.

Wherefore, plaintiff demandsjudgment against defendant in the sum of _________ dollars and costs.

(15) Complaint for Interpleader and DeclaratoryRelief.

1. On or about June 1,________, plaintiff issued to G. H. a policy of life insurance wherebyplaintiff promised to pay to K. L. as beneficiary the sum of ________ dollarsupon the death of G. H. The policy required the payment by G. H. of astipulated premium on June 1, ________, and annually thereafter as a conditionprecedent to its continuance in force.

2. No part of the premium dueJune 1, ________, was ever paid and the policy ceased to have any force ofeffect on July 1, ________.

3. Thereafter, on September1, ________, G. H. and K. L. died as the result of a collision between alocomotive and the automobile in which G. H. and K. L. were riding.

4. Defendant C. D. is theduly appointed and acting executor of the will of G. H.; defendant E. F. is theduly appointed and acting executor of the will of K. L.; defendant X. Y. claimsto have been duly designed as beneficiary of said policy in place of K. L.

5. Each of defendants, C. D.,E. F., and X. Y. is claiming that the above‑mentioned policy was in fullforce and effect at the time of the death of G. H.; each of them is claiming tobe the only person entitled to receive payment of the amount of the policy andhas made demand for payment thereof.

6. By reason of theseconflicting claims of the defendants, plaintiff is in great doubt as to whichdefendant is entitled to be paid the amount of the policy, if it was in forceat the death of G. H.

Wherefore plaintiff demandsthat the court adjudge:

(1) That none of thedefendants is entitled to recover from plaintiff the amount of said policy orany part thereof.

(2) That each of thedefendants be restrained from instituting any action against plaintiff for therecovery of the amount of said policy or any part thereof.

(3) That, if the courtshall determine that said policy was in force at the death of G. H., thedefendants be required to interplead and settle between themselves their rightsto the money due under said policy, and that plaintiff be discharged from allliability in the premises except to the person whom the court shall adjudge entitledto the amount of said policy.

(4) That plaintiffrecover its costs.

(16) Averment of Capacity Under Rule 9(a).

(North Carolina Corporation)

Plaintiff is a corporationincorporated under the law of North Carolina having its principal office in[address].

(Foreign Corporation)

Plaintiff is a corporationincorporated under the law of the State of Delaware having [not having] aregistered office in the State of North Carolina.

(Unincorporated Association)

Plaintiff is an unincorporatedassociation organized under the law of the State of New York having itsprincipal office in [address] and (if applicable) having a principal office inthe State of North Carolina at [address], and as such has the capacity to suein its own name in North Carolina. (1967, c. 954, s. 1; 1999‑456,s. 59.)