NC BLET CIVIL PROCESS EXAM
QUESTIONS AND ANSWERS
What does the term process refer to? - Answer-To writs or summonses, especially to
appear or respond in court filed or issued by the civil courts to help them in carrying out
their functions assigned by law
Can a citizen serve a summons to another citizen in person? - Answer-No
What is Criminal Action? - Answer--An action prosecuted by the State as a party,
against a person charged with a public offense, for the punishment thereof, OR
-An action prosecuted by the State, at the instance of an individual to prevent an
apprehended crime against his person or property.
How does the law define Civil Action? - Answer-Simply as every action other than
criminal action.
What are the Primary Functions of the Civil Process? - Answer-1. Giving Notice
2. Preserving the Status Quo
3. Providing Remedies for parties
4. Enforcing decisions of the courts
What is Status Quo? - Answer-the existing state of affairs (Preserving the Status Quo)
What is 50B in the General Statutes? - Answer-Domestic Violence
What is 50C in the General Statutes? - Answer-Civil No Contact orders
What are the fees to file a civil action in each court, and who pays them? - Answer-
Small Claims: $96.00
District Court: $150.00
Superior Court: $200.00
The Plaintiff pays the fee
Which civil actions do not require the plaintiff to pay a filing fee? - Answer-50B Domestic
Violence
50C Civil No Contact Orders
What is another name for a lawsuit? - Answer-Complaint or Petition
Who is responsible for issuing a Summons? - Answer-The Clerk of Court
, The summons is not valid unless... - Answer-The Clerk or Court, Assistant Clerk, or a
Deputy Clerk sign and date it.
What does "CV" stand for on a AOC form? - Answer-Civil
What is the service fee for having LEOs serve items of civil process? - Answer-$30.00
per party served
What civil actions do not require a service fee? - Answer-50B Domestic, 50C Civil No
Contact
What is the purpose of the courts waiving the fees on 50B and 50C actions? - Answer-
To encourage victims of limited financial means in those situations to apply to the court
for necessary protection.
What is a Small Claims action? - Answer--A civil case for *$10,000 or less*
-Plaintiff seeking *money, recovery of personal property, or summary ejectment
(eviction)*.
Who hears small claims actions? - Answer-Magistrate
What does a Summons mean? - Answer-The Summons provides the defendant the
"*Next Step*" to be taken in the legal process, ie. come to trial at this date, and time.
What is a Civil Summons and where are they filed? - Answer--Filed in District or
Superior Courts
-All ordinary civil action (breach of contract, personal injury, vehicle negligence cases,
medical malpractice, divorce)
-All lawsuits involving a child
How long does the defendant have to respond to a Civil Summons? - Answer-*30 days*
to respond in writing or physical appear.
What if a defendant doesn't respond to a Civil Summons? - Answer-A default judgement
in favor of the plaintiff will be entered
Who is the Special Proceeding Summons initially heard by and why? - Answer-Initially
heard by a Clerk of Court because the judgement needs to be fast or expedited
How long does the defendant have to respond to a Special Proceeding Summons? -
Answer-10 Days
In a Special Proceeding, the plaintiff is called ______, and the defendant is called a
________, and the complaint is called the ____________. - Answer-Plaintiff = Petitioner
Defendant = Respondent
Complaint = Petition
QUESTIONS AND ANSWERS
What does the term process refer to? - Answer-To writs or summonses, especially to
appear or respond in court filed or issued by the civil courts to help them in carrying out
their functions assigned by law
Can a citizen serve a summons to another citizen in person? - Answer-No
What is Criminal Action? - Answer--An action prosecuted by the State as a party,
against a person charged with a public offense, for the punishment thereof, OR
-An action prosecuted by the State, at the instance of an individual to prevent an
apprehended crime against his person or property.
How does the law define Civil Action? - Answer-Simply as every action other than
criminal action.
What are the Primary Functions of the Civil Process? - Answer-1. Giving Notice
2. Preserving the Status Quo
3. Providing Remedies for parties
4. Enforcing decisions of the courts
What is Status Quo? - Answer-the existing state of affairs (Preserving the Status Quo)
What is 50B in the General Statutes? - Answer-Domestic Violence
What is 50C in the General Statutes? - Answer-Civil No Contact orders
What are the fees to file a civil action in each court, and who pays them? - Answer-
Small Claims: $96.00
District Court: $150.00
Superior Court: $200.00
The Plaintiff pays the fee
Which civil actions do not require the plaintiff to pay a filing fee? - Answer-50B Domestic
Violence
50C Civil No Contact Orders
What is another name for a lawsuit? - Answer-Complaint or Petition
Who is responsible for issuing a Summons? - Answer-The Clerk of Court
, The summons is not valid unless... - Answer-The Clerk or Court, Assistant Clerk, or a
Deputy Clerk sign and date it.
What does "CV" stand for on a AOC form? - Answer-Civil
What is the service fee for having LEOs serve items of civil process? - Answer-$30.00
per party served
What civil actions do not require a service fee? - Answer-50B Domestic, 50C Civil No
Contact
What is the purpose of the courts waiving the fees on 50B and 50C actions? - Answer-
To encourage victims of limited financial means in those situations to apply to the court
for necessary protection.
What is a Small Claims action? - Answer--A civil case for *$10,000 or less*
-Plaintiff seeking *money, recovery of personal property, or summary ejectment
(eviction)*.
Who hears small claims actions? - Answer-Magistrate
What does a Summons mean? - Answer-The Summons provides the defendant the
"*Next Step*" to be taken in the legal process, ie. come to trial at this date, and time.
What is a Civil Summons and where are they filed? - Answer--Filed in District or
Superior Courts
-All ordinary civil action (breach of contract, personal injury, vehicle negligence cases,
medical malpractice, divorce)
-All lawsuits involving a child
How long does the defendant have to respond to a Civil Summons? - Answer-*30 days*
to respond in writing or physical appear.
What if a defendant doesn't respond to a Civil Summons? - Answer-A default judgement
in favor of the plaintiff will be entered
Who is the Special Proceeding Summons initially heard by and why? - Answer-Initially
heard by a Clerk of Court because the judgement needs to be fast or expedited
How long does the defendant have to respond to a Special Proceeding Summons? -
Answer-10 Days
In a Special Proceeding, the plaintiff is called ______, and the defendant is called a
________, and the complaint is called the ____________. - Answer-Plaintiff = Petitioner
Defendant = Respondent
Complaint = Petition
