Short Answer

In North Carolina civil cases, including quiet title suits, the case typically goes forward on the trial date unless the court enters a stay or continuance. If your pretrial fraud motion (for example, a motion to dismiss or for summary judgment) has not been decided, the judge may hear it at calendar call, carry it with the case, or effectively moot it once the trial begins. Preserve your position by making the right motions during trial and asking for a continuance in advance if a ruling is critical.

Understanding the Problem

In North Carolina, you’re in a quiet title case in Superior Court and you filed a pretrial motion tied to your fraud claim. You want to know: if the judge doesn’t rule on that motion before the scheduled trial date, can you delay or must you proceed? One salient fact: you’re waiting on a ruling on the fraud issue before trial.

Apply the Law

North Carolina trial courts control their calendars. A pending dispositive or evidentiary motion does not automatically stop a trial from going forward. If no written order continues the case, expect to proceed to trial. Unresolved summary judgment issues are typically moot once full evidence is taken at trial, but you can and should preserve legal issues during trial using the proper procedural tools. Fraud claims must be pleaded with particularity, and if the case reaches trial, you must be prepared to prove each element. The main forum is the Superior Court in the county where the property is located. Summary judgment hearings have specific notice timelines.

Key Requirements

• Trial proceeds absent a stay/continuance: If the court hasn’t continued the case, be prepared to try it and renew any unresolved issues at calendar call.
• Preserve at trial: In a jury trial, make Rule 50 directed verdict motions at the close of the opponent’s evidence and at the close of all evidence; in a bench trial, move for involuntary dismissal under Rule 41(b).
• Summary judgment timing: A summary judgment hearing requires advance notice; once trial starts, that motion is generally overtaken by the evidence.
• Plead fraud precisely: Fraud must be alleged with particularity; if your motion targets pleading defects, the court may rule pretrial or defer until evidence, but defects can be outcome-determinative.
• Continuance standards: You may request a continuance for good cause; procedures and local practices vary by county and judge.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 56 (Summary Judgment) – Governs summary judgment practice, including hearing and timing mechanics.
• North Carolina Rules of Civil Procedure, Rule 50 (Directed Verdict/JNOV) – Requires directed verdict at trial to preserve a later JNOV motion.
• North Carolina Rules of Civil Procedure, Rule 9(b) (Pleading Fraud) – Requires fraud to be pleaded with particularity.
• North Carolina Rules of Civil Procedure, Rule 40 (Calendaring/Continuances) – Addresses assignment of cases and continuances, subject to local practice.

Analysis

Apply the Rule to the Facts: Your quiet title case will generally proceed on the set trial date unless the court grants a continuance. If your summary-judgment-type fraud motion isn’t decided beforehand, expect the judge to take it up at calendar call or proceed to trial. To protect your position, make a Rule 50 motion (jury) or Rule 41(b) motion (bench) at the proper times, and be prepared to try the fraud issues if the court declines to rule pretrial.

Process & Timing

1. Who files: The party seeking relief. Where: Superior Court, Civil Division, in the county where the property sits. What: Motion to Continue (if you need a ruling first), and any unresolved dispositive motion (e.g., Rule 56). When: Serve and notice any Rule 56 hearing at least 10 days before the hearing; opposing affidavits are due 2 days before the hearing. File the continuance request as early as possible and set it before trial.
2. At calendar call, ask the judge to hear and decide your pending motion before jury selection/opening. If denied, note your objection and be ready to proceed while preserving issues at the appropriate evidentiary checkpoints.
3. During trial, make Rule 50 motions (jury) at the close of the opponent’s evidence and again at the close of all evidence, or a Rule 41(b) motion (bench). After a verdict, consider a timely JNOV under Rule 50(b) if preserved.

Exceptions & Pitfalls

• If the court denies a continuance, the trial will proceed; unresolved summary judgment arguments are often mooted by a full trial on the merits.
• Failing to move for a directed verdict at the proper times waives a later JNOV request.
• Fraud not pleaded with particularity can lead to denial of relief; fix pleading issues early.
• Service or notice defects on motions can derail a hearing; follow Rule 5/Rule 56 timing.
• Interlocutory appeals are limited; they rarely stay trial unless a judge orders otherwise.

Talk to a Real Estate Attorney

If you’re facing a quiet title trial date with an undecided fraud motion, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.