2005 North Carolina Code - General Statutes § 15A-951. Motions in general; definition, service, and filing.

Article 52.

Motions Practice.

§ 15A‑951.  Motions in general; definition, service, and filing.

(a)       A motion must:

(1)       Unless made during a hearing or trial, be in writing;

(2)       State the grounds of the motion; and

(3)       Set forth the relief or order sought.

(b)       Each written motion must be served upon the attorney of record for the opposing party or upon the defendant if he is not represented by counsel. Service upon the attorney or upon a party may  be made by delivering a copy of the motion to him or by mailing it to him at his address of record. Delivery of a copy within the meaning of this Article means handing it to the attorney or to the party or leaving it at the attorney's office with an associate or employee. Service by mail is complete upon deposit of the motion enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the Postal Service of the United States.

(c)       All written motions must be filed with the court. Proof of service must be made by filing with the court a certificate:

(1)       By the prosecutor, attorney, or defendant making the motion that the paper was served in the manner prescribed; or

(2)       Of acceptance of service by the prosecutor, attorney, or defendant to be served.

The certificate must show the date and method of service or the date of acceptance of service. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)