Short Answer

In North Carolina, summary judgment is granted only if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Before the hearing, build an admissible evidentiary record (affidavits, verified pleadings, authenticated documents), confirm the correct forum (Clerk of Superior Court vs. Superior Court), and identify the specific trust remedies you seek. If key discovery is incomplete, file a Rule 56 affidavit requesting a continuance.

Understanding the Problem

You want to know how to prepare for a North Carolina summary judgment hearing in a trust dispute. As a beneficiary, you allege the trustee took all trust assets, including a significant parcel of land. The decision point is practical: what you must do, now, to be ready for a dispositive hearing that could end your case before trial.

Apply the Law

In North Carolina, summary judgment turns on whether admissible evidence shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law. In trust cases, the proper forum matters: the Clerk of Superior Court handles internal trust affairs, while claims for money damages typically proceed in Superior Court, and matters can be consolidated. Evidence must comply with the Rules of Evidence; affidavits must be based on personal knowledge and attach authenticated exhibits. If you cannot present essential facts yet, you may seek a continuance of the hearing with a Rule 56 affidavit explaining the needed discovery.

Key Requirements

• Confirm the proper forum and claims: Internal trust administration issues can be heard by the Clerk; damages and tort-style claims proceed in Superior Court. Consolidation is available when both are pending.
• Serve a timely, complete Rule 56 record: File and serve the motion, notice of hearing, affidavits, verified pleadings, discovery responses, and authenticated exhibits on all required parties.
• Use admissible, authenticated evidence: Support key facts with sworn statements and properly authenticated documents (trust instrument, deeds, bank and title records, accountings).
• Address trust-specific remedies: Identify relief such as removal or suspension of trustee, constructive trust, tracing, accounting, or restoration of property to the trust.
• Secure necessary parties and representation: Ensure all beneficiaries and representatives (including any guardian ad litem when required) receive proper notice.
• Ask for more time if discovery is incomplete: File a Rule 56 affidavit explaining what facts you need, why you don’t have them, and how discovery will obtain them.

What the Statutes Say

• North Carolina Rules of Civil Procedure, Rule 56 (Summary Judgment) – Governs standards, evidence, and notice for summary judgment.
• N.C. Gen. Stat. § 36C-2-205 (Trust proceedings; procedure) – Sets procedures for trust proceedings and which civil rules apply.
• N.C. Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – Authorizes remedies including restoration, accounting, constructive trust, and tracing.
• N.C. Gen. Stat. § 36C-8-813 (Duty to inform and report) – Requires trustees to provide information and records to qualified beneficiaries.

Analysis

Apply the Rule to the Facts: Allegations that a trustee stole trust land and other assets typically raise factual disputes about authority, transactions, and intent, which can defeat summary judgment. A disputed memorandum claiming full trust rights must be authenticated and admissible; if it lacks evidentiary support, challenge it and submit counter-affidavits, deeds, and accountings. If you still need records (e.g., bank, title, or trust administration data), file a detailed Rule 56 affidavit to continue the hearing until discovery is complete.

Process & Timing

1. Who files: The moving party. Where: Clerk of Superior Court for internal trust proceedings; Superior Court for damages; cases may be consolidated. What: Motion for Summary Judgment, Notice of Hearing, supporting affidavits/exhibits, and any verified pleadings; in trust proceedings, parties are brought in with the Estate Summons for Trust Proceeding (AOC‑E‑150). When: Serve the motion and materials at least 10 days before the hearing.
2. Exchange opposition/reply papers per local practice; ensure all beneficiaries or their representatives receive notice. If essential discovery is outstanding, file a Rule 56 affidavit specifying the facts needed, why they are unavailable, and how discovery will obtain them; ask the court to continue the hearing.
3. Attend the hearing with your witnesses/affiants available if the court permits limited testimony; the court/clerk will enter a written order granting, denying, or partially granting summary judgment. If full relief isn’t available before the Clerk, pursue consolidation in Superior Court.

Exceptions & Pitfalls

• Forum mismatch: The Clerk cannot award money damages for breach; file or consolidate in Superior Court to obtain complete relief.
• Inadmissible evidence: Unsworn or unauthenticated memoranda, hearsay, or unauthenticated deeds and records won’t carry Rule 56. Use sworn affidavits and proper authentication.
• Incomplete discovery: Without a Rule 56 affidavit explaining specific unmet discovery, the court may proceed and decide the motion.
• Notice and representation: Failing to notify all necessary beneficiaries or to secure a guardian ad litem when required can derail the hearing.
• Limitations and defenses: Time limits and trustee defenses (e.g., good‑faith reliance) can narrow relief; raise or rebut them with evidence.
• Transferees of property: If land changed hands, consider recording a notice of lis pendens early; third‑party protections may limit recovery.

Talk to a Estate Planning Attorney

If you’re facing a summary judgment hearing in a North Carolina trust dispute, 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.