An application to court for an order must be by motion, in writing, with grounds and relief sought, and served with notice of hearing.

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Multiple Choice

An application to court for an order must be by motion, in writing, with grounds and relief sought, and served with notice of hearing.

Explanation:
In North Carolina practice, requesting a court to issue an order is done through a written motion that sets out the grounds for the relief and the exact relief sought, and that motion must be served with notice of the hearing on all parties. This structure matters because it creates a clear basis for the court to evaluate the request and gives the other side a fair opportunity to respond. The written motion provides the formal record of what is being asked and why. Stating the grounds ties the request to legal and factual support, so the court can assess whether the relief is warranted. Specifying the relief sought tells the court precisely what action is being requested. Serving the motion with notice of the hearing ensures due process—everyone who could be affected has a chance to prepare, oppose, or present arguments at the hearing. An oral request at a hearing without notice would bypass these safeguards and deprive the other side of the opportunity to participate. Saying grounds are not required or that the filing should be made as a separate petition also conflicts with the standard approach for obtaining court orders in ordinary civil practice, which relies on a written motion with noticed hearing rather than informal or petition-based routes.

In North Carolina practice, requesting a court to issue an order is done through a written motion that sets out the grounds for the relief and the exact relief sought, and that motion must be served with notice of the hearing on all parties. This structure matters because it creates a clear basis for the court to evaluate the request and gives the other side a fair opportunity to respond.

The written motion provides the formal record of what is being asked and why. Stating the grounds ties the request to legal and factual support, so the court can assess whether the relief is warranted. Specifying the relief sought tells the court precisely what action is being requested. Serving the motion with notice of the hearing ensures due process—everyone who could be affected has a chance to prepare, oppose, or present arguments at the hearing.

An oral request at a hearing without notice would bypass these safeguards and deprive the other side of the opportunity to participate. Saying grounds are not required or that the filing should be made as a separate petition also conflicts with the standard approach for obtaining court orders in ordinary civil practice, which relies on a written motion with noticed hearing rather than informal or petition-based routes.

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