Form AOC-CV-101 "Application and Order Extending Time to File Complaint" - North Carolina

What Is Form AOC-CV-101?

This is a legal form that was released by the North Carolina Court System - a government authority operating within North Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2011;
  • The latest edition provided by the North Carolina Court System;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;

Download a fillable version of Form AOC-CV-101 by clicking the link below or browse more documents and templates provided by the North Carolina Court System.

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Download Form AOC-CV-101 "Application and Order Extending Time to File Complaint" - North Carolina

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File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District
Superior Court Division
Name Of Plaintiff
APPLICATION AND ORDER
VERSUS
EXTENDING TIME TO
Name Of Defendant
FILE COMPLAINT
G.S. 1A-1, Rule 3
APPLICATION
The undersigned requests permission to file a complaint in this action within twenty (20) days of any order granting this
Application, as provided in Rule 3 of the Rules of Civil Procedure. The nature and purpose of the action are:
Name And Purpose Of The Action
Date
Signature
Applicant
Attorney For Applicant
ORDER
The Court states that the nature and purpose of this action are as set forth above.
Therefore, it is ORDERED that permission is granted to the applicant to file a complaint in this action up to and including
the date shown below.
File Complaint On Or Before
Date Of Order
Signature
(Date must be within 20 days of date of Order.)
Assistant Clerk Of Superior Court
Clerk Of Superior Court
NOTE:
Under Rule 3 of the Rules of Civil Procedure, upon entry of this Order, a summons shall be issued and the summons and a copy of this Order
must be served in accordance with the provisions of Rule 4. A complaint must be filed in this action within the period provided above and that
complaint must be served in accordance with the provisions of Rule 4 or by registered mail if the plaintiff so elects. If a complaint is not filed
within the above period, the action shall abate.
(Over)
AOC-CV-101, Rev. 7/11
© 2011 Administrative Office of the Courts
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District
Superior Court Division
Name Of Plaintiff
APPLICATION AND ORDER
VERSUS
EXTENDING TIME TO
Name Of Defendant
FILE COMPLAINT
G.S. 1A-1, Rule 3
APPLICATION
The undersigned requests permission to file a complaint in this action within twenty (20) days of any order granting this
Application, as provided in Rule 3 of the Rules of Civil Procedure. The nature and purpose of the action are:
Name And Purpose Of The Action
Date
Signature
Applicant
Attorney For Applicant
ORDER
The Court states that the nature and purpose of this action are as set forth above.
Therefore, it is ORDERED that permission is granted to the applicant to file a complaint in this action up to and including
the date shown below.
File Complaint On Or Before
Date Of Order
Signature
(Date must be within 20 days of date of Order.)
Assistant Clerk Of Superior Court
Clerk Of Superior Court
NOTE:
Under Rule 3 of the Rules of Civil Procedure, upon entry of this Order, a summons shall be issued and the summons and a copy of this Order
must be served in accordance with the provisions of Rule 4. A complaint must be filed in this action within the period provided above and that
complaint must be served in accordance with the provisions of Rule 4 or by registered mail if the plaintiff so elects. If a complaint is not filed
within the above period, the action shall abate.
(Over)
AOC-CV-101, Rev. 7/11
© 2011 Administrative Office of the Courts
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County
District
Superior Court Division
Name Of Complainant(s)
MOTION AND ORDER
EXTENDING STATUTE OF LIMITATIONS
VERSUS
Name Of Prospective Defendant(s)
IN MEDICAL MALPRACTICE ACTION
G.S. 1A-1, Rule 9(j)
MOTION
The complainant(s) named above intends to commence a medical malpractice action against the prospective defendant(s)
named above on a cause of action that arose in the county named above, and, based on the facts listed below, needs
additional time to comply with Rule 9(j) of the North Carolina Rules of Civil Procedure. The applicable statute of limitations
has not yet expired. The complainant(s) moves to extend the statute of limitations for a period not to exceed one hundred
twenty (120) days.
(Specify basis for motion to enable judge to determine good cause exists.)
Date
Signature
Complainant
Attorney
ORDER
The undersigned Resident Superior Court Judge of the county named above
has
has not determined that
good cause exists for granting the above motion and that the ends of justice will be served by an extension.
The Court finds the facts listed in the motion and adopts those as a basis for determining good cause.
It is ORDERED that:
the motion is allowed and the statute of limitations applicable to the complainant(s) cause of action is extended to and
including the date shown below.
the motion is denied.
Statute Of Limitations Extended To:
Date Of Order
Signature Of Resident Superior Court Judge
Name Of Resident Superior Court Judge (Type Or Print)
NOTE:
Rule 9(j) of the Rules of Civil Procedure provides, "Upon motion by the complainant prior to the expiration of the applicable statute of limitations,
a resident judge of the superior court for a judicial district in which venue for the cause of action is appropriate under G.S. 1-82 or, if no resident
judge for that judicial district is physically present in that judicial district, otherwise available, or able or willing to consider the motion, then any
presiding judge of the superior court for that judicial district may allow a motion to extend the statute of limitations for a period not to exceed 120
days to file a complaint in a medical malpractice action in order to comply with this Rule, upon a determination that good cause exists for the
granting of the motion and that the ends of justice would be served by an extension."
AOC-CV-101, Side Two, Rev. 7/11
© 2011 Administrative Office of the Courts
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