Special proceedings against adverse parties shall be commenced as is prescribed for
civil actions. The summons shall notify the defendant or defendants to appear and answer the complaint,
or petition, of the plaintiff within 10 days after its service upon the defendant
or defendants, and must contain a notice stating in substance that if the defendant
or defendants fail to answer the complaint, or petition, within the time specified,
plaintiff will apply to the court for the relief demanded in the complaint, or petition. The summons must run in the name of the State, and be dated and signed by the clerk,
assistant clerk or deputy clerk of the superior court having jurisdiction in the special
proceeding, and be directed to the defendant or defendants, and be delivered for service
to some proper person, as defined by Rule 4(a) of the Rules of Civil Procedure. The clerk shall indicate on the summons by appropriate words that the summons is
issued in a special proceeding and not in a civil action. The manner of service shall be as is prescribed for summons in civil actions by
Rule 4 of the Rules of Civil Procedure: 1 Provided, in partition proceedings under Chapter 46 of the General Statutes or where the defendant is an agency of the federal government, or an agency of the
State, or a local government, or an agency of a local government, the time for filing
answer or other plea shall be within 30 days after the date of service of summons
or after the final determination of any motion required to be made prior to the filing
of an answer.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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