N.C. Gen. Stat. § § 42-68
Expedited proceedings.
Operative Text
Where the complaint is filed as a small claim, the expedited process for summary ejectment, as provided in Article 3 of this Chapter and Chapter 7A of the General Statutes, applies. Where the complaint is filed initially in the district court or a judgment by the magistrate is appealed to the district court, the procedure in G.S. 42-34(b) through (g), if applicable, and the following procedures apply: (1) Expedited Hearing. - When a complaint is filed initiating an action pursuant to this Article, the court shall set the matter for a hearing which shall be held on an expedited basis and within the first term of court falling after 30 days from the service of the complaint on all defendants or from service of notice of appeal from a magistrate's judgment, unless either party obtains a continuance. However, where a defendant files a counterclaim, the court shall reset the trial for the first term of court falling after 30 days from the defendant's service of the counterclaim. (2) Standards for Continuances. - The court shall not grant a continuance, nor shall it stay the civil proceedings pending the disposition of any related criminal proceedings, except as required to complete permitted discovery, to have the plaintiff reply to a counterclaim, or for compelling and extraordinary reasons or on application of the district attorney for good cause shown. (3) When Presented. - The defendant in an action brought in district court pursuant to this Article shall serve an answer within 20 days after service of the summons and complaint, or within 20 days after service of the appeal to district court when the action was initially brought in small claims court. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer. (4) Extensions of Time for Filing. - The parties to an action brought pursuant to this Article shall not be entitled to an extension of time for completing an act required by subdivision (3) of this section, except for compelling and extraordinary reasons. (5) Default. - A party to an action brought pursuant to this Article who fails to plead in accordance with the time periods in subdivision (3) of this section shall be subject to the provisions of G.S. 1A-1, Rule 55. (6) Rules of Civil Procedure. - Unless otherwise provided for in this Article, G.S. 1A-1, the Rules of Civil Procedure, shall apply in the district court to all actions brought pursuant to this Article. (1995, c. 419, s. 1.)
North Carolina General Statute § 42-68 establishes an accelerated court process for certain residential disputes, such as those involving retaliatory eviction claims, when they are brought under Article 7 of Chapter 42. When a case is filed as a small claim, the standard summary ejectment process applies; when filed in or appealed to district court, hearings must be scheduled within a specific timeframe, answers must be filed within 20 days, continuances are rarely granted, and default rules apply to parties who miss deadlines. The provision is designed to move these cases through the court system more quickly than ordinary civil litigation, while still applying the Rules of Civil Procedure where the Article does not specify otherwise.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-68, landlords who initiate or respond to district court actions under this Article operate within a compressed timeline: hearings are typically set within the first court term after 30 days from service, and continuances are available only in narrow circumstances such as compelling and extraordinary reasons or permitted discovery needs. Compliant operators generally track service dates carefully, respond to any counterclaims within 20 days, and avoid assuming that extensions of time will be granted, since § 42-68(4) makes such extensions the exception rather than the rule. Familiarity with the summary ejectment procedures in Article 3 and Chapter 7A is also relevant when a matter begins as a small claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-68 gives tenants who are defendants in district court actions under this Article a 20-day window after service of the summons and complaint—or after notice of appeal from a magistrate's judgment—to serve an answer, and the court is required to schedule a hearing on an expedited basis. Tenants who wish to raise a counterclaim should be aware that doing so resets the hearing timeline to the first court term after 30 days from service of that counterclaim. Tenant-rights organizations and legal aid offices can help individuals understand how the expedited procedures under § 42-68 interact with their specific rights and available defenses.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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