§ 98-14. Rules for petitions and motions. - North Carolina Statutes

§98‑14.  Rules for petitions and motions.

The following rules shall beobserved in petitions and motions under this Chapter:

(1)        The facts stated inevery petition or motion shall be verified  by affidavit of the petitioner thatthey are true according to the best of his knowledge, information, and belief.

(2)        The instrument orpaper sought to be established by any petition shall be fully set forth in itssubstance, and its precise language shall be stated when the same isremembered.

(3)        All persons interestedin the prayers of the petition or decree shall be made parties.

(4)        Petitions toestablish a record of any court shall be filed in the superior court of thecounty where the record is sought to be established. Other petitions may befiled in the office of the clerk.

(5)        The costs shall bepaid as the court may decree.

(6)        Appeals shall beallowed as in all other cases, and where the error alleged shall be a findingby the superior court of a matter of fact, the same may be removed on appeal tothe appellate division, and the proper judgments directed to be entered below.

(7)        It shall be presumedthat any order or record of the court of pleas and quarter sessions, which wasmade and has been lost or destroyed, was made by a legally constituted court,and the requisite number of justices, without naming said justices. (1865‑6,c. 41, s. 12; 1874‑5, c. 51; c. 254, s. 3; Code, s. 67; 1893, c. 295;Rev., s. 339; C.S., s. 378; 1969, c. 44, s. 64; 1973, c. 108, s. 46.)