AOC-CV-100 State of North Carolina Civil Summons also serves as a subpoena to the defendant to answer the complaint of the plaintiff in the District or Superior Court Division of the General Court of Justice of the North Carolina State.
The summons is served under the G.S. 1A-1, Rules 3, 4 provisions of North Carolina General Statutes. Plaintiff can endorse defendants using the spaces provided in this legal instrument. The defendant can respond within thirty days of serving the summons to the plaintiff, his/her attorney, and to the court by submitting the original answer with the Clerk of Superior Court.
Mandatory Arbitration may apply to the hearing and the court provides further orders and directives for the same if applicable. The plaintiff may demand relief upon the failure of the defendant/s to respond to the summons.
Prior to Commencement
- Read this document thoroughly to understand its nature and obligation upon all the parties involved.
- Selecting the court type accurately between the District and Superior Court Division of General Court of Justice is necessary.
- Type or print all fields for the legibility.
- Read the provisions for serving the summons to the defendant/s carefully and use the most suited method provided the circumstances permit.
- Furnishing information in all fields truthfully is necessary.
Type the name of the county, then the file number and select between the right type of the court from two choices given. Mark the box to specify if this summons is Alias and Pluries Summons. Continue by furnishing the information about the date on which the original summons was issued and the date of any subsequent summons issued thereafter. Enter the name of the plaintiff followed by address, city, state, and zip code. Provide the name/s of defendant/s in the space for the same. Specify name and addresses of each defendant in separate boxes. Furnish city, state, and zip code for all defendants in the respective spaces.
Next portion of the summons has space for specifying the name and address of the attorney for the plaintiff. Mention the name and address of the plaintiff in the absence of the attorney of the plaintiff. Continue by providing the date of the issuance, time with AM or PM, signature, and the mode from Deputy CSC, Assistant CSC, or Clerk of Superior Court. Select the box Endorsement if applicable and provide details of date of the endorsement, time, select if AM or PM, and sign in the space provided. Specify between the choices of Deputy CSC, Assistant CSC, or Clerk of Superior Court.
Page 2 of the summons Return of Service has spaces for providing details for serving the summons to defendant/s. Fill in the details for defendant/s as applicable in the space provided for Defendant 1 and Defendant 2. Details required are date and time of serving the summons, including specifications of AM or PM followed by the name of the defendant. Continue by selecting between the three choices and furnish details of the person to whom the copies of the summons are left. Mention the person’s name, address, and title if the person is working for a corporation. Furnish the same details for the other defendant to complete the AOC-CV-100 State of North Carolina Civil Summons.
Text version of this Form
———————– Page 1———————–
File No.
STATE OF NORTH CAROLINACounty In The General Court Of Justice
District Superior Court DivisionName Of Plaintiff
Address
CIVIL SUMMONS
City, State, Zip ALIAS AND PLURIES SUMMONS (ASSESS FEE)VERSUS G.S. 1A-1, Rules 3, 4
Name Of Defendant(s) Date Original Summons Issued
Date(s) Subsequent Summons(es) Issued
To Each Of The Defendant(s) Named Below:
Name And Address Of Defendant 1 Name And Address Of Defendant 2
A Civil Action Has Been Commenced Against You!
You are notified to appear and answer the complaint of the plaintiff as follows:
1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff’s attorney within thirty (30) days after
you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiff’s
last known address, and2. File the original of the written answer with the Clerk of Superior Court of the county named above.
If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.
Name And Address Of Plaintiff’s Attorney (If None, Address Of Plaintiff) Date Issued Time AM
PM
Signature
Deputy CSC Assistant CSC Clerk Of Superior Court
Date Of Endorsement Time AM
ENDORSEMENT (ASSESS FEE)
This Summons was originally issued on the date PM
Signature
indicated above and returned not served. At the request
of the plaintiff, the time within which this Summons must
be served is extended sixty (60) days. Deputy CSC Assistant CSC Clerk Of Superior CourtNOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000 or
less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if
so, what procedure is to be followed.AOC-CV-100, Rev. 6/11 (Over)
© 20 11 Administrative Office of the Courts
———————– Page 2———————–
RETURN OF SERVICE
I certify that this Summons and a copy of the complaint were received and served as follows:
DEFENDANT 1
Date Served Time Served Name Of Defendant
AM PMBy delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)
Other manner of service (specify)
Defendant WAS NOT served for the following reason:
DEFENDANT 2
Date Served Time Served Name Of Defendant
AM PMBy delivering to the defendant named above a copy of the summons and complaint.
By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)
Other manner of service (specify)
Defendant WAS NOT served for the following reason.
Service Fee Paid Signature Of Deputy Sheriff Making Return
$
Date Received Name Of Sheriff (Type Or Print)
Date Of Return County Of Sheriff
AOC-CV-100, Side Two, Rev. 6/11
© 20 11 Administrative Office of the Courts