In Livesay, v. Livesay, a North Carolina Court of Appeals case decided February 21, 2012, the Plaintiff failed to sign and verify his Complaint when it was filed. After service of the Complaint and Summons, Plaintiff’s lawyer realized the mistake, then signed and verified a duplicate copy of the Complaint, titled “Amendment to Complaint,” and filed it with the trial court.
The trial judge dismissed the Complaint for lack of subject matter jurisdiction. However, the Court of Appeals reversed the trial court, relying upon a provision in Rule 11 of the North Carolina Rules of Civil Procedure permitting the signature to be added promptly after the admission is called to the attention of the party or attorney.