§ 7A-216. Form of complaint. - North Carolina Statutes

§ 7A‑216.  Form ofcomplaint.

The complaint in a small claim action shall be in writing, signed bythe party or his attorney, except the complaint in an action for summaryejectment may be signed by an agent for the plaintiff. It need be in noparticular form, but is sufficient if in a form which enables a person ofcommon understanding to know what is meant. In any event, the forms prescribedin this Article are sufficient under this requirement, and are intended toindicate the simplicity and brevity of statement contemplated. Demurrers andmotions to challenge the legal and formal sufficiency of a complaint in anassigned small claim action shall not be used. But at any time after itsfiling, the clerk, the chief district judge, or the magistrate to whom such anaction is assigned may, on oral or written ex parte motion of the defendant, oron his own motion, order the plaintiff to perfect the statement of his claimbefore proceeding to its determination, and shall grant extensions of time toplead and continuances of trial pending any perfecting of statement ordered. (1965, c. 310, s. 1; 1971, c. 377, s. 10.)