Concord, NC asked in Civil Litigation, Consumer Law and Contracts for North Carolina

Q: Can I refile my dismissed case as Pro Se and file for Summary Judgment in NC?

I am a plaintiff in North Carolina. A month ago, I dismissed my case without prejudice due to difficulties with upfront attorney fees. The case involves four counts: Unfair Business Practices, Breach of Contract, Fraud, and Money Had and Received. I plan on refiling the case as Pro Se and intend to file for Summary Judgment. Can I refile the same case on my own, and is it possible to file for Summary Judgment immediately even though the case details remain unchanged?

1 Lawyer Answer

A: If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.

Rule 56 is the rule pertaining to summary judgment, and it states you must wait 30 days before you can file a motion for summary judgment.

I would add that the causes of action that you say are involved are very complex. "Money had and received" is not a legal claim, for example. As a pro se, you likely lack the requisite legal knowledge and skills to prepare the necessary Affidavit to win a Motion For Summary Judgment. I'm very sorry that you cannot afford the up front attorneys fees. The attorney must not have much confidence in the strength of your case if they want to be paid up front or else the likelihood of collecting the judgment from the Defendant is very slim. I suggest you do a lot of legal research on the case law (appellate and Supreme Court opinions) on the issues presented, because you likely have no idea exactly what you need to prove in order to win. Copying the complaint that counsel prepared and filed before is not going to do it unless you udnerstand what it means and what else you need to do in order to preare the Motion, the necessary Affidavit(s) with evidence that is admissible, schedule the hearing, argue it and win a judgment.

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