Which of the following is a post-judgment remedy available in NC rules?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Which of the following is a post-judgment remedy available in NC rules?

Explanation:
Post-judgment remedies in NC start with relief from judgment under Rule 60. This remedy is specifically intended for situations where a final judgment should be set aside or modified due to factors like mistake, newly discovered evidence, fraud or other misconduct, a void judgment, or other justifying reasons. It provides a way to address injustices after a judgment has been entered, when an appeal or a new trial isn’t the appropriate vehicle. The other options don’t operate as post-judgment remedies. A motion for summary judgment is filed before or during trial to obtain judgment on the merits; a writ of mandamus is an extraordinary writ to compel action by a governmental official or body; a motion to strike is a pleading-stage tool used to strike parts of pleadings or evidence, not something aimed at altering a judgment. Therefore, relief from judgment is the post-judgment remedy available under NC rules.

Post-judgment remedies in NC start with relief from judgment under Rule 60. This remedy is specifically intended for situations where a final judgment should be set aside or modified due to factors like mistake, newly discovered evidence, fraud or other misconduct, a void judgment, or other justifying reasons. It provides a way to address injustices after a judgment has been entered, when an appeal or a new trial isn’t the appropriate vehicle.

The other options don’t operate as post-judgment remedies. A motion for summary judgment is filed before or during trial to obtain judgment on the merits; a writ of mandamus is an extraordinary writ to compel action by a governmental official or body; a motion to strike is a pleading-stage tool used to strike parts of pleadings or evidence, not something aimed at altering a judgment. Therefore, relief from judgment is the post-judgment remedy available under NC rules.

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