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 shall be made as provided in G.S. 1A-1, Rule 5.
(c) All written motions must be filed with the court. Proof of service must be made by filing with the court a certificate of service as provided in G.S. 1A-1, Rule 5(b1). (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2021-47, s. 16(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 52 - Motions Practice.
§ 15A-951 - Motions in general; definition, service, and filing.
§ 15A-952 - Pretrial motions; time for filing; sanction for failure to file; motion hearing date.
§ 15A-953 - Motions practice in district court.
§ 15A-955 - Motion to dismiss Grounds applicable to indictments.
§ 15A-956 - Deferral of ruling on motion to dismiss when charge to be reinstituted.
§ 15A-957 - Motion for change of venue.
§ 15A-958 - Motion for a special venire from another county.
§ 15A-959 - Notice of defense of insanity; pretrial determination of insanity.