Default proceedings involve two steps: entry of default and entry of judgment.

Prepare for the North Carolina Rules of Civil Procedure Exam. Study with in-depth flashcards and multiple-choice questions. Each question has detailed explanations and hints to ensure a thorough understanding of NCGS Section 1A-1. Get ready for your exam today!

Multiple Choice

Default proceedings involve two steps: entry of default and entry of judgment.

Explanation:
Default proceedings in North Carolina unfold in two steps. First, when a defendant has been properly served and fails to plead within the time allowed, the clerk can enter an order of default. Only after that default is entered can the plaintiff move for and obtain a default judgment from the court. The damages in a default judgment may be fixed by affidavit if the claim is for a sum certain, or may require a hearing to prove damages if not. This sequence—entry of default, followed by entry of a default judgment—is the essence of the correct choice. The other options describe parts of the pre-default process (filing and service), generic court actions (motion and ruling), or initial pleadings (complaint and answer), none of which capture the two-step default procedure.

Default proceedings in North Carolina unfold in two steps. First, when a defendant has been properly served and fails to plead within the time allowed, the clerk can enter an order of default. Only after that default is entered can the plaintiff move for and obtain a default judgment from the court. The damages in a default judgment may be fixed by affidavit if the claim is for a sum certain, or may require a hearing to prove damages if not.

This sequence—entry of default, followed by entry of a default judgment—is the essence of the correct choice. The other options describe parts of the pre-default process (filing and service), generic court actions (motion and ruling), or initial pleadings (complaint and answer), none of which capture the two-step default procedure.

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