North Carolina General Statutes Chapter 1 Civil Procedure

Article 1 - Definitions.

N.C. Gen. Stat. § 1-1. Remedies
Remedies in the courts of justice are divided into - (1) Actions. (2) Special proceedings. (C.C.P., s. 1; Code, s. 125; Rev., s. 346;...
N.C. Gen. Stat. § 1-2. Actions
An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of...
N.C. Gen. Stat. § 1-3. Special proceedings
Every other remedy is a special proceeding. (C.C.P., s. 3; Code, s. 127; Rev., s. 348; C.S., s. 393.)
N.C. Gen. Stat. § 1-4. Kinds of actions
Actions are of two kinds - (1) Civil. (2) Criminal. (C.C.P., s. 4; Code, s. 128; Rev., s. 349; C.S., s. 394.)
N.C. Gen. Stat. § 1-5. Criminal action
A criminal action is - (1) An action prosecuted by the State as a party, against a person charged with a public offense, for...
N.C. Gen. Stat. § 1-6. Civil action
Every other is a civil action. (C.C.P., s. 6; Code, s. 130; Rev., s. 351; C.S., s. 396.)
N.C. Gen. Stat. § 1-7. When court means clerk
In the following sections which confer jurisdiction or power, or impose duties, where the words "superior court," or "court," in reference to a superior...

Article 2 - General Provisions.

N.C. Gen. Stat. § 1-8. Remedies not merged
Where the violation of a right admits both of a civil and a criminal remedy, the right to prosecute the one is not merged...
N.C. Gen. Stat. § 1-9. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-10. Plaintiff and defendant
In civil actions the party complaining is the plaintiff, and the adverse party the defendant. (C.C.P., s. 13; Code, s. 134; Rev., s. 355;...
N.C. Gen. Stat. § 1-11. How party may appear
A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s....
N.C. Gen. Stat. § 1-12. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-13. Jurisdiction of clerk
The clerk of the superior court has jurisdiction to hear and decide all questions of practice and procedure and all other matters over which...

Article 3 - Limitations, General Provisions.

N.C. Gen. Stat. § 1-14. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-15. Statute runs from accrual of action
(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in...
N.C. Gen. Stat. § 1-15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act
(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay...
N.C. Gen. Stat. § 1-16. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-17. Disabilities
(a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his...
N.C. Gen. Stat. § 1-18. Disability of marriage
In any action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include...
N.C. Gen. Stat. § 1-19. Cumulative disabilities
When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation...
N.C. Gen. Stat. § 1-20. Disability must exist when right of action accrues
No person may avail himself of a disability except as authorized in G.S. 1-19, unless it existed when his right of action accrued. (C.C.P.,...
N.C. Gen. Stat. § 1-21. Defendant out of State; when action begun or judgment enforced
If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may...
N.C. Gen. Stat. § 1-22. Death before limitation expires; action by or against personal representative or collector
If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of...
N.C. Gen. Stat. § 1-23. Time of stay by injunction or prohibition
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is...
N.C. Gen. Stat. § 1-24. Time during controversy on probate of will or granting letters
In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate...
N.C. Gen. Stat. § 1-25. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-26. New promise must be in writing
No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in...
N.C. Gen. Stat. § 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor
(a) After a cause of action has accrued on any obligation on which there is more than one obligor, any act, admission, or acknowledgment...
N.C. Gen. Stat. § 1-28. Undisclosed partner
The statutes of limitations apply to a civil action brought against an undisclosed partner only from the time the partnership became known to the...
N.C. Gen. Stat. § 1-29. Cotenants
If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for its detention or injury,...
N.C. Gen. Stat. § 1-30. Applicable to actions by State
The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner...
N.C. Gen. Stat. § 1-31. Action upon a mutual, open and current account
In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the...
N.C. Gen. Stat. § 1-32. Not applicable to bank bills
The limitations prescribed by law do not affect actions to enforce the payment of bills, notes or other evidences of debt, issued or put...
N.C. Gen. Stat. § 1-33. Actions against bank directors or stockholders
The limitations prescribed by law do not affect actions against directors or stockholders of any banking association incorporated under the laws of this State,...
N.C. Gen. Stat. § 1-34. Aliens in time of war
When a person is an alien subject, or a citizen of a country at war with the United States, the time of the continuance...

Article 4 - Limitations, Real Property.

N.C. Gen. Stat. § 1-35. Title against State
The State will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of...
N.C. Gen. Stat. § 1-36. Title presumed out of State
In all actions involving the title to real property title is conclusively deemed to be out of the State unless it is a party...
N.C. Gen. Stat. § 1-37. Such possession valid against claimants under State
All such possession as is described in G.S. 1-35, under such title as is therein described, is hereby ratified and confirmed, and declared to...
N.C. Gen. Stat. § 1-38. Seven years' possession under color of title
(a) When a person or those under whom he claims is and has been in possession of any real property, under known and visible...
N.C. Gen. Stat. § 1-39. Seizin within twenty years necessary
No action for the recovery or possession of real property shall be maintained, unless it appears that the plaintiff, or those under whom he...
N.C. Gen. Stat. § 1-40. Twenty years adverse possession
No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession...
N.C. Gen. Stat. § 1-41. Action after entry
No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action is commenced thereupon within one year after...
N.C. Gen. Stat. § 1-42. Possession follows legal title; severance of surface and subsurface rights
In every action for the recovery or possession of real property, or damages for a trespass on such possession, the person establishing a legal...
N.C. Gen. Stat. § 1-42.1. Certain ancient mineral claims extinguished in certain counties
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-42.2. Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-42.3. Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-42.4. Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of...
N.C. Gen. Stat. § 1-42.5. Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of...
N.C. Gen. Stat. § 1-42.6. Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-42.7. Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of...
N.C. Gen. Stat. § 1-42.8. Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-42.9. Ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of...
N.C. Gen. Stat. § 1-43. Tenant's possession is landlord's
When the relation of landlord and tenant has existed, the possession of the tenant is deemed the possession of the landlord, until the expiration...
N.C. Gen. Stat. § 1-44. No title by possession of right-of-way
No railroad, plank road, turnpike or canal company may be barred of, or presumed to have conveyed, any real estate, right-of-way, easement, leasehold, or...
N.C. Gen. Stat. § 1-44.1. Presumption of abandonment of railroad right-of-way
Any railroad which has removed its tracks from a right-of-way and has not replaced them in whole or in part within a period of...
N.C. Gen. Stat. § 1-44.2. Presumptive ownership of abandoned railroad easements
(a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned...
N.C. Gen. Stat. § 1-45. No title by possession of public ways
No person or corporation shall ever acquire any exclusive right to any part of a public road, street, lane, alley, square or public way...
N.C. Gen. Stat. § 1-45.1. No adverse possession of property subject to public trust rights
Title to real property held by the State and subject to public trust rights may not be acquired by adverse possession. As used in...

Article 5 - Limitations, Other than Real Property.

N.C. Gen. Stat. § 1-46. Periods prescribed
The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this Article. (C.C.P.,...
N.C. Gen. Stat. § 1-46.1. Twelve years
Within 12 years an action - (1) No action for the recovery of damages for personal injury, death, or damage to property based upon...
N.C. Gen. Stat. § 1-47. Ten years
Within ten years an action - (1) Upon a judgment or decree of any court of the United States, or of any state or...
N.C. Gen. Stat. § 1-48. Transferred to � 1-54, subdivision (6), by Session Laws 1951, c. 837, s. 2
N.C. Gen. Stat. § 1-49. Seven years
Within seven years an action - (1) Repealed by Session Laws 1961, c. 115, s. 1. (2) By a creditor of a deceased person...
N.C. Gen. Stat. § 1-50. Six years
(a) Within six years an action - (1) Repealed by Session Laws 1997-297, s. 1. (2) Against an executor, administrator, collector, or guardian on...
N.C. Gen. Stat. § 1-51. Five years
Within five years - (1) No suit, action or proceeding shall be brought or maintained against a railroad company owning or operating a railroad...
N.C. Gen. Stat. § 1-52. Three years
Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned...
N.C. Gen. Stat. § 1-53. Two years
Within two years - (1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract,...
N.C. Gen. Stat. § 1-54. One year
Within one year an action or proceeding - (1) Repealed by Session Laws 1975, c. 252, s. 5. (2) Upon a statute, for a...
N.C. Gen. Stat. § 1-54.1. Two months
Within two months an action contesting the validity of any ordinance adopting or amending a zoning map or approving a special use, conditional use,...
N.C. Gen. Stat. § 1-55. Six months
Within six months an action - (1) Upon a contract, transfer, assignment, power of attorney or other instrument transferring or affecting unearned salaries or...

Article 5A - Limitations, Actions Not Otherwise Limited.

N.C. Gen. Stat. § 1-56. All other actions, 10 years
An action for relief not otherwise limited by this subchapter may not be commenced more than 10 years after the cause of action has...

Article 6 - Parties.

N.C. Gen. Stat. § 1-57. Real party in interest; grantees and assignees
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided; but this section does not authorize...
N.C. Gen. Stat. § 1-58. Suits for penalties
Where a penalty is imposed by any law, and it is not provided to what person the penalty is given, it may be recovered,...
N.C. Gen. Stat. § 1-59. Suit for penalty, plaintiff may reply fraud to plea of release
If an action be brought in good faith by any person to recover a penalty under a law of this State, or of the...
N.C. Gen. Stat. § 1-60. Suit on bonds; defendant may plead satisfaction
When an action shall be brought on any single bill or on any judgment, if the defendant had paid the money due upon such...
N.C. Gen. Stat. § 1-61. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-62. Action by purchaser under judicial sale
Anyone given possession under a judicial sale confirmed, where the title is retained as a security for the price, is the legal owner of...
N.C. Gen. Stat. § 1-63 through 1-64. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-65 through 1-65.4. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-65.5. Repealed by Session Laws 1969, c. 895, s. 19
N.C. Gen. Stat. § 1-66 through 1-69. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-69.1. Unincorporated associations and partnerships; suit by or against
(a) Except as provided in subsection (b) of this section: (1) All unincorporated associations, organizations or societies, or general or limited partnerships, foreign or...
N.C. Gen. Stat. § 1-70 through 1-71. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-72. Persons jointly liable
In all cases of joint contracts of partners in trade or others, suit may be brought and prosecuted against all or any number of...
N.C. Gen. Stat. § 1-72.1. Procedure to assert right of access
(a) Any person asserting a right of access to a civil judicial proceeding or to a judicial record in that proceeding may file a...
N.C. Gen. Stat. § 1-72.2. Standing of legislative officers
The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State, shall jointly have standing...
N.C. Gen. Stat. § 1-73 through 1-75. Repealed by Session Laws 1967, c. 954, s. 4

Article 6A - Jurisdiction.

N.C. Gen. Stat. § 1-75.1. Legislative intent
This Article shall be liberally construed to the end that actions be speedily and finally determined on their merits. The rule that statutes in...
N.C. Gen. Stat. § 1-75.2. Definitions
In this Article the following words have the designated meanings: (1) "Person" means any natural person, partnership, corporation, body politic, and any unincorporated association,...
N.C. Gen. Stat. § 1-75.3. Jurisdictional requirements for judgments against persons, status and things
(a) Jurisdiction of Subject Matter Not Affected by This Article. - Nothing in this Article shall be construed to confer, enlarge or diminish the...
N.C. Gen. Stat. § 1-75.4. Personal jurisdiction, grounds for generally
A court of this State having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to Rule 4(j),...
N.C. Gen. Stat. § 1-75.5. Joinder of causes in the same action
In any action brought in reliance upon jurisdictional grounds stated in subdivisions (2) to (10) of G.S. 1-75.4 there cannot be joined in the...
N.C. Gen. Stat. § 1-75.6. Personal jurisdiction - Manner of exercising by service of process
A court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4 may exercise personal...
N.C. Gen. Stat. § 1-75.7. Personal jurisdiction - Grounds for without service of summons
A court of this State having jurisdiction of the subject matter may, without serving a summons upon him, exercise jurisdiction in an action over...
N.C. Gen. Stat. § 1-75.8. Jurisdiction in rem or quasi in rem - Grounds for generally
A court of this State having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated...
N.C. Gen. Stat. § 1-75.9. Jurisdiction in rem or quasi in rem - Manner of exercising
A court of this State exercising jurisdiction in rem or quasi in rem pursuant to G.S. 1-75.8 may affect the interests of a defendant...
N.C. Gen. Stat. § 1-75.10. Proof of service of summons, defendant appearing in action
(a) Where the defendant appears in the action and challenges the service of the summons upon him, proof of the service of process shall...
N.C. Gen. Stat. § 1-75.11. Judgment against nonappearing defendant, proof of jurisdiction
Where a defendant fails to appear in the action within apt time the court shall, before entering a judgment against such defendant, require proof...
N.C. Gen. Stat. § 1-75.12. Stay of proceeding to permit trial in a foreign jurisdiction
(a) When Stay May be Granted. - If, in any action pending in any court of this State, the judge shall find that it...

Article 7 - Venue.

N.C. Gen. Stat. § 1-76. Where subject of action situated
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated,...
N.C. Gen. Stat. § 1-76.1. Where deficiency debtor resides or where loan was negotiated
Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains...
N.C. Gen. Stat. § 1-77. Where cause of action arose
Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the power of...
N.C. Gen. Stat. § 1-78. Official bonds, executors and administrators
All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and all actions upon official bonds must be...
N.C. Gen. Stat. § 1-79. Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships
(a) For the purpose of suing and being sued the residence of a domestic corporation, limited partnership, limited liability company, or registered limited liability...
N.C. Gen. Stat. § 1-80. Foreign corporations
An action against a corporation created by or under the law of any other state or government may be brought in the appropriate trial...
N.C. Gen. Stat. § 1-81. Actions against railroads
In all actions against railroads the action must be tried either in the county where the cause of action arose or where the plaintiff...
N.C. Gen. Stat. § 1-81.1. Venue in apportionment or redistricting cases
(a) Venue in any action concerning any act of the General Assembly apportioning or redistricting State legislative or congressional districts lies exclusively with the...
N.C. Gen. Stat. § 1-82. Venue in all other cases
In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside...
N.C. Gen. Stat. § 1-83. Change of venue
If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein,...
N.C. Gen. Stat. § 1-84. Removal for fair trial
In all civil actions in the superior and district courts, when it is suggested on oath or affirmation on behalf of the plaintiff or...
N.C. Gen. Stat. § 1-85. Affidavits on hearing for removal; when removal ordered
No action, civil or criminal, shall be removed, unless the affidavit sets forth particularly and in detail the ground of the application. It is...
N.C. Gen. Stat. § 1-86. Repealed by Session Laws 1967, c. 218, s. 4
N.C. Gen. Stat. § 1-87. Transcript of removal; subsequent proceedings; depositions
(a) When a cause is directed to be removed, the clerk shall transmit to the court to which it is removed a transcript of...
N.C. Gen. Stat. § 1-87.1. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-87.2. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.3. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.4. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.5. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.6. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.7. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.8. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.9. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.10. Reserved for future codification purposes
N.C. Gen. Stat. § 1-87.11. Reserved for future codification purposes

Article 7A - Application of Foreign Law.

N.C. Gen. Stat. § 1-87.12. Definitions
The following definitions apply in this Article: (1) Foreign law. - A law, rule, resolution, legal code, legal system, or any component of a...
N.C. Gen. Stat. § 1-87.13. Public policy
In recognition that the United States Constitution and the Constitution of North Carolina constitute the supreme law of this State, the General Assembly hereby...
N.C. Gen. Stat. § 1-87.14. Nonapplication of foreign law that would violate fundamental constitutional rights
A court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of State law shall not apply a foreign law...
N.C. Gen. Stat. § 1-87.15. Interpretation of contracts providing for choice of foreign law
(a) In the interpretation or enforcement by a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of State...
N.C. Gen. Stat. § 1-87.16. Interpretation of contracts providing for choice of foreign venue or forum
If the enforcement of any provision in a contract or other agreement providing for a choice of a foreign venue or forum would result...
N.C. Gen. Stat. § 1-87.17. Motions to transfer proceedings to a foreign venue or forum
If a natural person subject to personal jurisdiction in this State seeks to maintain a litigation proceeding, arbitration proceeding, or other similarly binding proceeding...
N.C. Gen. Stat. § 1-87.18. Contracts not capable of modification to preserve fundamental constitutional rights void
Any provision in a contract or other agreement incapable of being modified or amended pursuant to this Article in order to preserve the fundamental...
N.C. Gen. Stat. § 1-87.19. Strict construction of waivers of constitutional rights
Nothing in this Article shall be interpreted to limit the right of natural persons voluntarily to restrict or limit their own constitutional rights by...
N.C. Gen. Stat. § 1-87.20. Application
The provisions in this act shall apply only to proceedings or matters under Chapter 50 and Chapter 50A of the General Statutes. (2013-416, s.

Article 8 - Summons.

N.C. Gen. Stat. § 1-88 through 1-91. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-92 through 1-93. Repealed by Session Laws 1971, c. 268, s. 34
N.C. Gen. Stat. § 1-94 through 1-98. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-98.1 through 1-98.4. Repealed by Session Laws 1971, c. 1093, s. 19
N.C. Gen. Stat. § 1-99. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-99.1 through 1-99.4. Repealed by Session Laws 1971, c. 1093, s. 19
N.C. Gen. Stat. § 1-100 through 1-104. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-105. Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles
The acceptance by a nonresident of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the...
N.C. Gen. Stat. § 1-105.1. Service on residents who establish residence outside the State and on residents who depart from the State
The provisions of G.S. 1-105 of this Chapter shall also apply to a resident of the State at the time of the accident or...
N.C. Gen. Stat. § 1-106 through 1-107.3. Repealed by Session laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-108. Defense after judgment set aside
If a judgment is set aside pursuant to Rule 60(b) or (c) of the Rules of Civil Procedure and the judgment or any part...

Article 9 - Prosecution Bonds.

N.C. Gen. Stat. § 1-109. Bond required of plaintiff for costs
At any time after the issuance of summons, the clerk or judge, upon motion of the defendant, may, upon a showing of good cause,...
N.C. Gen. Stat. § 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates
(a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk...
N.C. Gen. Stat. § 1-111. Defendant's, for costs and damages in actions for land
In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in...
N.C. Gen. Stat. § 1-112. Defense without bond
(a) The undertaking prescribed in G.S. 1-111 is not necessary if an attorney practicing in the court where the action is pending certifies to...

Article 10 - Joint and Several Debtors.

N.C. Gen. Stat. § 1-113. Defendants jointly or severally liable
Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them,...
N.C. Gen. Stat. § 1-114. Summoned after judgment; defense
When a judgment is recovered against one or more of several persons jointly indebted upon a contract in accordance with the preceding section [...
N.C. Gen. Stat. § 1-115. Repealed by Session Laws 1969, c. 954, s. 4

Article 11 - Lis Pendens.

N.C. Gen. Stat. § 1-116. Filing of notice of suit
(a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross-indexed...
N.C. Gen. Stat. § 1-116.1. Service of notice
In all actions as defined in G.S. 1-116 in which notice of pendency of the action is filed, a copy of such notice shall...
N.C. Gen. Stat. § 1-117. Cross-index of lis pendens
Every notice of pending litigation filed under this Article shall be cross-indexed by the clerk of the superior court in a record, called the...
N.C. Gen. Stat. § 1-118. Effect on subsequent purchasers
From the cross-indexing of the notice of lis pendens only is the pendency of the action constructive notice to a purchaser or incumbrancer of...
N.C. Gen. Stat. § 1-119. Notice void unless action prosecuted
(a) The notice of lis pendens is of no avail unless it is followed by the first publication of notice of the summons or...
N.C. Gen. Stat. § 1-120. Cancellation of notice
The court in which the said action was commenced may, at any time after it is settled, discontinued or abated, on application of any...
N.C. Gen. Stat. § 1-120.1. Article applicable to suits in federal courts
The provisions of this Article shall apply to suits affecting the title to real property in the federal courts. (1945, c. 857.)
N.C. Gen. Stat. § 1-120.2. Filing of notice by cities and counties in certain cases
The governing body of a city or county may, by ordinance under Part 5 of Article 19 of Chapter 160A of the General Statutes...

Article 12 - Complaint.

N.C. Gen. Stat. § 1-121 through 1-123. Repealed by Session Laws 1967, c. 954, s. 4

Article 13 - Defendant�s Pleadings.

N.C. Gen. Stat. § 1-124 through 1-126. Repealed by Session Laws 1967, c. 954, s. 4

Article 14 - Demurrer.

N.C. Gen. Stat. § 1-127 through 1-134. Repealed by Session Laws 1967, c. 954, s. 4

Article 15 - Answer.

N.C. Gen. Stat. § 1-134.1 through 1-138. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-139. Burden of proof of contributory negligence
A party asserting the defense of contributory negligence has the burden of proof of such defense. (1887, c. 33; Rev., s. 483; C.S., s....

Article 16 - Reply.

N.C. Gen. Stat. § 1-140 through 1-142. Repealed by Session Laws 1967, c. 954, s. 4

Article 17 - Pleadings, General Provisions.

N.C. Gen. Stat. § 1-143 through 1-147. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-148. Verification before what officer
Any officer competent to take the acknowledgment of deeds, and any judge or clerk of the General Court of Justice, notary public, in or...
N.C. Gen. Stat. § 1-149. When verification omitted; use in criminal prosecutions
The verification may be omitted when an admission of the truth of the allegation might subject the party to prosecution for felony. No pleading...
N.C. Gen. Stat. § 1-150 through 1-160. Repealed by Session Laws 1967, c. 954, s. 4

Article 18 - Amendments.

N.C. Gen. Stat. § 1-161 through 1-163. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-164. Amendment changing nature of action or relief; effect
When the complaint is so amended as to change the nature of the action and the character of the relief demanded, the judgment rendered...
N.C. Gen. Stat. § 1-165. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-166. Defendant sued in fictitious name; amendment
When the plaintiff is ignorant of the name of a defendant the latter may be designated in a pleading or proceeding by any name;...
N.C. Gen. Stat. § 1-167 through 1-169. Repealed by Session Laws 1967, c. 954, s. 4

Article 18A - Pretrial Hearings.

N.C. Gen. Stat. § 1-169.1 through 1-169.6. Repealed by Session Laws 1967, c. 954, s. 4

Article 19 - Trial.

N.C. Gen. Stat. § 1-170 through 1-173. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-174. Repealed by Session Laws 1999-216, s.2
N.C. Gen. Stat. § 1-175 through 1-179. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-180. Repealed by Session Laws 1977, c. 711, s. 33
N.C. Gen. Stat. § 1-180.1. Judge not to comment on verdict
In criminal actions the presiding judge shall make no comment in open court in the presence or hearing of all, or any member or...
N.C. Gen. Stat. § 1-181. Requests for special instructions
(a) Requests for special instructions to the jury must be - (1) In writing, (2) Entitled in the cause, and (3) Signed by counsel...
N.C. Gen. Stat. § 1-181.1. View by jury
The judge presiding at the trial of any action or proceeding involving the exercise of the right of eminent domain, or the condemnation of...
N.C. Gen. Stat. § 1-181.2. Use of evidence by the jury
(a) If the jury in a civil action after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must...
N.C. Gen. Stat. § 1-182. Repealed by Session Laws 1977, c. 776
N.C. Gen. Stat. § 1-183. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-183.1. Effect on counterclaim of dismissal as to plaintiff's claim
The granting of a motion by the defendant for judgment of dismissal as to the plaintiff's cause of action shall not amount to the...
N.C. Gen. Stat. § 1-184 through 1-185. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-186. Exceptions to decision of court
(a) For the purposes of an appeal, either party may except to a decision on a matter of law arising upon a trial by...
N.C. Gen. Stat. § 1-187. Repealed by Session Laws 1967, c. 954, s. 4

Article 20 - Reference.

N.C. Gen. Stat. § 1-188 through 1-195. Repealed by Session Laws 1967, c. 954, s. 4

Article 21 - Issues.

N.C. Gen. Stat. § 1-196 through 1-200. Repealed by Session Laws 1967, c. 954, s. 4

Article 22 - Verdict and Exceptions.

N.C. Gen. Stat. § 1-201. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-202. Special controls general
Where a special finding of facts is inconsistent with the general verdict, the former controls, and the court shall give judgment accordingly. (C.C.P., s....
N.C. Gen. Stat. § 1-203 through 1-207. Repealed by Session Laws 1967, c. 954, s. 4

Article 23 - Judgment.

N.C. Gen. Stat. § 1-208. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-208.1. Judgment docket, judgment and docket book defined
As used in this Chapter, unless the context clearly requires otherwise, the phrases "judgment docket", "judgment book", "docket book", and "judgment and docket book"...
N.C. Gen. Stat. § 1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession
The clerks of the superior courts are authorized to enter the following judgments: (1) All judgments of voluntary nonsuit. (2) All consent judgments. (3)...
N.C. Gen. Stat. § 1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney
In all condemnation proceedings authorized by G.S. 40A-3 or by any other statute, the clerks of the superior courts are authorized to fix and...
N.C. Gen. Stat. § 1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding
The petitioner in all condemnation proceedings authorized by G.S. 40A-3 or by any other statute is authorized and allowed to take a voluntary nonsuit....
N.C. Gen. Stat. § 1-210. Return of execution; order for disbursement of proceeds
In all executions issued by the clerk of the superior court upon judgment before the clerk of the superior court, under G.S. 1-209, and...
N.C. Gen. Stat. § 1-211 through 1-215. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-215.1. Judgments or orders not rendered on Mondays validated
In any case where, prior to the ratification of this section, any judgment or order, required to be rendered or signed on Monday, has...
N.C. Gen. Stat. § 1-215.2. Time within which judgments or orders signed on days other than Mondays may be attacked
From and after the 30th day of September, 1951, no action shall be brought or no motion in the cause shall be made to...
N.C. Gen. Stat. § 1-215.3. Validation of conveyances pursuant to orders made on days other than Mondays
From and after the 30th day of September, 1951, any conveyance executed by any commissioner or other person authorized to make a conveyance in...
N.C. Gen. Stat. § 1-216. Repealed by Session Laws 1943, c. 301, s. 3
N.C. Gen. Stat. § 1-217. Certain default judgments validated
In every case where, prior to the first day of January, one thousand nine hundred and twenty-seven, a judgment by default final has been...
N.C. Gen. Stat. § 1-217.1. Judgments based on summons erroneously designated alias or pluries validated
In all civil actions and special proceedings where the defendants were served with summons and judgment thereafter entered, or any final decree made, and...
N.C. Gen. Stat. § 1-217.2. Judgments by default to remove cloud from title to real estate validated
In every case where prior to the tenth day of October, 1969, a judgment by default final has been entered by the clerk of...
N.C. Gen. Stat. § 1-218 through 1-222. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-223. Against married persons
In an action brought by or against a married person, judgment may be given against such married person for costs or damages or both,...
N.C. Gen. Stat. § 1-224 through 1-227. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-228. Regarded as a deed and registered
Every judgment, in which the transfer of title is so declared, shall be regarded as a deed of conveyance, executed in due form and...
N.C. Gen. Stat. § 1-229. Certified registered copy evidence
In all legal proceedings, touching the right of parties derived under such judgment, a certified copy from the register's books is evidence of its...
N.C. Gen. Stat. § 1-230. In action for recovery of personal property
In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of...
N.C. Gen. Stat. § 1-231. What judge approves judgments
In all cases where a judgment, decree or order of the superior court is required to be approved by a judge, it shall be...
N.C. Gen. Stat. § 1-232. Judgment roll
Unless the party or his attorney furnishes a judgment roll or the documents referred to in this section are already on file, the clerk,...
N.C. Gen. Stat. § 1-233. Docketed and indexed
Every judgment of the superior or district court, affecting title to real property, or requiring in whole or in part the payment of money,...
N.C. Gen. Stat. § 1-234. Where and how docketed; lien
Upon the entry of a judgment under G.S. 1A-1, Rule 58, affecting the title of real property, or directing in whole or in part...
N.C. Gen. Stat. § 1-235. Of appellate division docketed in superior court; lien
It is the duty of the appropriate clerk of the appellate division, on application of the party obtaining judgment in one of the courts...
N.C. Gen. Stat. § 1-236. Repealed by Session Laws 1971, c. 268, s. 34
N.C. Gen. Stat. § 1-236.1. Transcripts of judgments certified by deputy clerks validated
Each transcript of judgment from the original docket of the superior or district court of a county where the same was rendered and docketed,...
N.C. Gen. Stat. § 1-237. Judgments of federal courts docketed; lien on property; recordation; conformity with federal law
Judgments and decrees rendered in the district courts of the United States within this State may be docketed on the judgment dockets of the...
N.C. Gen. Stat. § 1-238. Repealed by Session Laws 1943, c. 543
N.C. Gen. Stat. § 1-239. Paid to clerk; docket credited; transcript to other counties; notice to attorney for judgment creditor; judgment creditor to give notice of payment; entry of payment on docket; penalty for failure to give notice of payment
(a) Payment of money judgment to clerk's office. (1) The party against whom a judgment for the payment of money is rendered by any...
N.C. Gen. Stat. § 1-239.1. Records of cancellation, assignment, etc., of judgments recorded by photographic process
In all cases where the governing authority of any county has caused the instruments or documents filed for record in the office of the...
N.C. Gen. Stat. § 1-240. Repealed by Session Laws 1967, c. 847, s. 2
N.C. Gen. Stat. § 1-241. Clerk to pay money to party entitled
The clerk, to whom money is paid as aforesaid, shall pay it to the party entitled to receive it, under the same rules and...
N.C. Gen. Stat. § 1-242. Credits upon judgments
If payment is made on a judgment docketed in the office of the clerk of the superior court and no entry is made on...
N.C. Gen. Stat. § 1-243. For money due on judicial sale
The Supreme and other courts ordering a judicial sale, or having possession of bonds taken on such sale, may, on motion, after ten days'...
N.C. Gen. Stat. § 1-244. Repealed by Session Laws 1971, c. 268, s. 34
N.C. Gen. Stat. § 1-245. Cancellation of judgments discharged through bankruptcy proceedings
When a referee in bankruptcy furnishes the clerk of the superior court of any county in this State a written statement or certificate to...
N.C. Gen. Stat. § 1-246. Assignment of judgment to be entered on judgment docket, signed and witnessed
No assignment of judgment shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the...

Article 24 - Confession of Judgment.

N.C. Gen. Stat. § 1-247 through 1-249. Repealed by Session Laws 1967, c. 954, s. 4

Article 25 - Submission of Controversy without Action.

N.C. Gen. Stat. § 1-250 through 1-252. Repealed by Session Laws 1967, c. 954, s. 4

Article 26 - Declaratory Judgments.

N.C. Gen. Stat. § 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is...
N.C. Gen. Stat. § 1-254. Courts given power of construction of all instruments
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are...
N.C. Gen. Stat. § 1-255. Who may apply for a declaration
Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust,...
N.C. Gen. Stat. § 1-256. Enumeration of declarations not exclusive
The enumeration in G.S. 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in G.S. 1-253 in any...
N.C. Gen. Stat. § 1-257. Discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not...
N.C. Gen. Stat. § 1-258. Review
All orders, judgment and decrees under this Article may be reviewed as other orders, judgments and decrees. (1931, c. 102, s. 6.)
N.C. Gen. Stat. § 1-259. Supplemental relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to...
N.C. Gen. Stat. § 1-260. Parties
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration,...
N.C. Gen. Stat. § 1-261. Jury trial
When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as...
N.C. Gen. Stat. § 1-262. Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear
Proceedings under this Article shall be tried at a session of court, as in other civil actions. If no issues of fact are raised,...
N.C. Gen. Stat. § 1-263. Costs
In any proceeding under this article the court may make such award of costs as may seem equitable and just. (1931, c. 102, s.
N.C. Gen. Stat. § 1-264. Liberal construction and administration
This Article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights,...
N.C. Gen. Stat. § 1-265. Word "person" construed
The word "person" wherever used in this Article, shall be construed to mean any person, State agency, partnership, joint-stock company, unincorporated association, or society,...
N.C. Gen. Stat. § 1-266. Uniformity of interpretation
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact...
N.C. Gen. Stat. § 1-267. Short title
This Article may be cited as the Uniform Declaratory Judgment Act. (1931, c. 102, s. 16.)

Article 26A - Three-Judge Panel for Redistricting Challenges.

N.C. Gen. Stat. § 1-267.1. Three-judge panel for actions challenging plans apportioning or redistricting State legislative or congressional districts
(a) Any action challenging the validity of any act of the General Assembly that apportions or redistricts State legislative or congressional districts shall be...

Article 26B - Distribution of Unpaid Residuals in Class Action Litigation.

N.C. Gen. Stat. § 1-267.10. Distribution of unpaid residuals in class action litigation
(a) It is the intent of the General Assembly to ensure that the unpaid residuals in class action litigation are distributed, to the extent...

Article 27 - Appeal.

N.C. Gen. Stat. § 1-268. Writs of error abolished
Writs of error in civil actions are abolished, and the only mode of reviewing a judgment, or order, in a civil action, is that...
N.C. Gen. Stat. § 1-269. Certiorari, recordari, and supersedeas
Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an...
N.C. Gen. Stat. § 1-270. Appeal to appellate division; security on appeal; stay
Cases shall be taken to the appellate division by appeal, as provided by law. All provisions in this Article as to the security to...
N.C. Gen. Stat. § 1-271. Who may appeal
Any party aggrieved may appeal in the cases prescribed in this Chapter. A party who cross assigns error in the grant or denial of...
N.C. Gen. Stat. § 1-272 through 1-276. Repealed by Session Laws 1999-216, s. 2
N.C. Gen. Stat. § 1-277. Appeal from superior or district court judge
(a) An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving...
N.C. Gen. Stat. § 1-278. Interlocutory orders reviewed on appeal from judgment
Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment. (C.C.P., s. 313;...
N.C. Gen. Stat. § 1-279. Repealed by Session Laws 1989, c.377, s. 1
N.C. Gen. Stat. § 1-279.1. Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings
Any party entitled by law to appeal from a judgment or order rendered by a judge in superior or district court in a civil...
N.C. Gen. Stat. § 1-280. Repealed by Session Laws 1975, c. 391, s. 4
N.C. Gen. Stat. § 1-281. Appeals from judgments not in session
When appeals are taken from judgments of the clerk or judge not made in session, the clerk is authorized to make any and all...
N.C. Gen. Stat. § 1-282. Repealed by Session Laws 1975, c. 391, s. 7
N.C. Gen. Stat. § 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of disability
Except as provided in this section, only the judge of superior court or of district court from whose order or judgment an appeal has...
N.C. Gen. Stat. § 1-284. Repealed by Session Laws 1975, c. 391, s. 9
N.C. Gen. Stat. § 1-285. Undertaking on appeal
(a) To render an appeal effectual for any purpose in a civil cause or special proceeding, a written undertaking must be executed on the...
N.C. Gen. Stat. § 1-286. Justification of sureties
The written undertaking on appeal must be accompanied by the affidavit of one of the sureties that he is worth double the amount specified...
N.C. Gen. Stat. § 1-287. Repealed by Session Laws 1975, c. 391, s. 2
N.C. Gen. Stat. § 1-287.1. Repealed by Session Laws 1975, c. 391, s. 10
N.C. Gen. Stat. § 1-288. Appeals by indigents; clerk's fees
When any party to a civil action tried and determined in the superior or district court at the time of trial or special proceeding...
N.C. Gen. Stat. § 1-289. Undertaking to stay execution on money judgment
(a) If the appeal is from a judgment directing the payment of money, it does not stay the execution of the judgment unless a...
N.C. Gen. Stat. § 1-290. How judgment for personal property stayed
If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment is not stayed by...
N.C. Gen. Stat. § 1-291. How judgment directing conveyance stayed
If the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment is not stayed by the...
N.C. Gen. Stat. § 1-292. How judgment for real property stayed
If the judgment appealed from directs the sale or delivery of possession of real property, the execution is not stayed, unless a bond is...
N.C. Gen. Stat. § 1-293. Docket entry of stay
When an appeal from a judgment is pending, and the undertaking requisite to stay execution on the judgment has been given, and the appeal...
N.C. Gen. Stat. § 1-294. Scope of stay; security limited for fiduciaries
When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from,...
N.C. Gen. Stat. § 1-295. Undertaking in one or more instruments; served on appellee
The undertakings may be in one instrument or several, at the option of the appellant; and a copy, including the names and residences of...
N.C. Gen. Stat. § 1-296. Judgment not vacated by stay
The stay of proceedings provided for in this Article shall not be construed to vacate the judgment appealed from, but in all cases such...
N.C. Gen. Stat. § 1-297. Judgment on appeal and on undertakings; restitution
Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify the judgment or order appealed from, in the...
N.C. Gen. Stat. § 1-298. Procedure after determination of appeal
In civil cases, at the first session of the superior or district court after a certificate of the determination of an appeal is received,...
N.C. Gen. Stat. § 1-299 through 1-301. Repealed by Session Laws 1971, c. 268, s. 34

Article 27A - Appeals and Transfers From the Clerk.

N.C. Gen. Stat. § 1-301.1. Appeal of clerk's decision in civil actions
(a) Applicability. - This section applies to orders or judgments entered by the clerk of superior court in civil actions in which the clerk...
N.C. Gen. Stat. § 1-301.2. Transfer or appeal of special proceedings; exceptions
(a) Applicability. - This section applies to special proceedings heard by the clerk of superior court in the exercise of the judicial powers of...
N.C. Gen. Stat. § 1-301.3. Appeal of trust and estate matters determined by clerk
(a) Applicability. - This section applies to matters arising in the administration of trusts and of estates of decedents, incompetents, and minors. G.S. 1-301.2...

Article 28 - Execution.

N.C. Gen. Stat. § 1-302. Judgment enforced by execution
Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by...
N.C. Gen. Stat. § 1-303. Kinds of; signed by clerk; when sealed
There are three kinds of execution: one against the property of the judgment debtor, another against his person, and the third for the delivery...
N.C. Gen. Stat. § 1-304. Against married woman
An execution may issue against a married woman, and it must direct the levy and collection of the amount of the judgment against her...
N.C. Gen. Stat. § 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance
(a) Subject to the provisions of G.S. 1A-1 (Rule 62) and subsection (b) below, the clerk of superior court shall issue executions on all...
N.C. Gen. Stat. § 1-306. Enforcement as of course
The party in whose favor judgment is given, and in case of the party's death, the party's personal representatives duly appointed, may at any...
N.C. Gen. Stat. § 1-307. Issued from and returned to court of rendition
Executions and other process for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the...
N.C. Gen. Stat. § 1-308. To what counties issued
When the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county where the judgment...
N.C. Gen. Stat. § 1-309. Sale of land under execution
Real property adjudged to be sold must be sold in the county where it lies, by the sheriff of the county or by a...
N.C. Gen. Stat. § 1-310. When dated and returnable
Executions shall be dated as of the day on which they were issued, and shall be returnable to the court from which they were...
N.C. Gen. Stat. § 1-311. Against the person
If the action is one in which the defendant might have been arrested, an execution against the person of the judgment debtor may be...
N.C. Gen. Stat. § 1-312. Rights against property of defendant dying in execution
Parties at whose suit the body of a person is taken in execution for a judgment recovered, their executors or administrators, may after the...
N.C. Gen. Stat. § 1-313. Form of execution
The execution must be directed to the sheriff, or to the coroner when the sheriff is a party to or interested in the action....
N.C. Gen. Stat. § 1-314. Variance between judgment and execution
When property has been sold by an officer by virtue of an execution or other process commanding sale, no variance between the execution and...
N.C. Gen. Stat. § 1-315. Property liable to sale under execution; bill of sale
(a) The following property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on...
N.C. Gen. Stat. § 1-316. Sale of trust estates; purchaser's title
Upon the sale under execution of trust estates whereof the judgment debtor is beneficiary the sheriff shall execute a deed to the purchaser, and...
N.C. Gen. Stat. § 1-317. Sheriff's deed on sale of equity of redemption
The sheriff selling equitable and legal rights of redemption shall set forth in the deed to the purchaser thereof that the said estates were...
N.C. Gen. Stat. § 1-318. Forthcoming bond for personal property
If a sheriff or other officer who has levied an execution or other process upon personal property permits it to remain with the possessor,...
N.C. Gen. Stat. § 1-319. Procedure on giving bond; subsequent levies
When the forthcoming bond is taken the officer must specify therein the property levied upon and furnished to the surety a list of the...
N.C. Gen. Stat. § 1-320. Summary remedy on forthcoming bond
If the condition of such bond be broken, the sheriff or other officer, on giving 10 days' previous notice in writing to any obligor...
N.C. Gen. Stat. § 1-321. Entry of returns on judgment docket; penalty
When an execution is returned, the return of the sheriff or other officer must be noted by the clerk on the judgment docket; and...
N.C. Gen. Stat. § 1-322. Cost of keeping livestock; officer's account
The court shall make a reasonable allowance to officers for keeping and maintaining horses, cattle, hogs, or sheep, and all other property taken into...
N.C. Gen. Stat. § 1-323. Purchaser of defective title; remedy against defendant
Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is...
N.C. Gen. Stat. § 1-324. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-324.1. Judgment against corporation; property subject to execution
If a judgment is rendered against a corporation, the plaintiff may sue out such executions against its property as is provided by law to...
N.C. Gen. Stat. § 1-324.2. Agent must furnish information as to corporate officers and property
Every agent or person having charge or control of any property of the corporation, on request of a public officer having for service a...
N.C. Gen. Stat. § 1-324.3. Shares subject to execution; agent must furnish information
Any share or interest in any bank, insurance company, or other joint stock company, that is or may be incorporated under the authority of...
N.C. Gen. Stat. § 1-324.4. Debts due corporation subject to execution; duty, etc., of agent
If an officer holding an execution is unable to find other property belonging to the corporation liable to execution, he or the judgment creditor...
N.C. Gen. Stat. § 1-324.5. Violations of three preceding sections misdemeanor
If any agent or person having charge or control of any property of a corporation, or any clerk, cashier, or other officer of a...
N.C. Gen. Stat. § 1-324.6. Proceedings when custodian of corporate books is a nonresident
When the clerk, cashier, or other officer of any corporation incorporated under the laws of this State, who has the custody of the stock-registry...
N.C. Gen. Stat. § 1-324.7. Duty and liability of nonresident custodian
The nonresident clerk, cashier, or other officer in such corporation, to whom notice in writing is sent as prescribed in G.S. 1-324.6, shall send...

Article 29 - Execution and Judicial Sales.

N.C. Gen. Stat. § 1-325 through 1-328. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-329. Transferred to � 1-339.72 by Session Laws 1949, c. 719, s. 3
N.C. Gen. Stat. § 1-330. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-331. Transferred to � 1-339.73 by Session Laws 1949, c. 719, s. 3
N.C. Gen. Stat. § 1-332. Transferred to � 1-339.74 by Session Laws 1949, c. 719, s. 3
N.C. Gen. Stat. § 1-333 through 1-334. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-335. Transferred to � 1-339.75 by Session Laws 1949, c. 719, s. 3
N.C. Gen. Stat. § 1-336. Repealed by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-337. Transferred to � 1-339.49 by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-338. Transferred to � 1-339.50 by Session Laws 1949, c. 719, s. 2
N.C. Gen. Stat. § 1-339. Repealed by Session Laws 1949, c. 719, s. 2

Article 29A - Judicial Sales.

N.C. Gen. Stat. § 1-339.1. Definitions
(a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding...
N.C. Gen. Stat. § 1-339.2. Application of Part 1
The provisions of Part 1 of this Article apply to both public and private sales except where otherwise indicated. (1949, c. 719, s. 1.)
N.C. Gen. Stat. § 1-339.3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details
(a) The procedure prescribed by this Article applies to all sales ordered by a clerk of the superior court. (b) The procedure prescribed by...
N.C. Gen. Stat. § 1-339.3A. Judge or clerk may order public or private sale
The judge or clerk of court having jurisdiction has authority in his discretion to determine whether a sale of either real or personal property...
N.C. Gen. Stat. § 1-339.4. Who may hold sale
An order of sale may authorize the persons designated below to hold the sale: (1) In any proceeding, a commissioner specially appointed therefor; (2)...
N.C. Gen. Stat. § 1-339.5. Days on which sale may be held
A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
N.C. Gen. Stat. § 1-339.6. Place of public sale
(a) Every public sale of real property shall be held in the county where the property is situated unless the property consists of a...
N.C. Gen. Stat. § 1-339.7. Presence of personal property at public sale required
The person holding a public sale of personal property shall have the property present at the place of sale unless the order of sale...
N.C. Gen. Stat. § 1-339.8. Public sale of separate tracts in different counties
(a) When an order of public sale directs the sales of separate tracts of real property situated in different counties, exclusive jurisdiction over the...
N.C. Gen. Stat. § 1-339.9. Sale as a whole or in parts
(a) When real property to be sold consists of separate lots or other units or when personal property consists of more than one article,...
N.C. Gen. Stat. § 1-339.10. Bond of person holding sale
(a) Whenever a commissioner specially appointed or a trustee in a deed of trust is ordered to sell property, the judge or clerk of...
N.C. Gen. Stat. § 1-339.11. Compensation of person holding sale
(a) If the person holding a sale is a commissioner specially appointed or a trustee in a deed of trust, the judge or clerk...
N.C. Gen. Stat. § 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding
Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account,...
N.C. Gen. Stat. § 1-339.13. Public sale; order of sale
(a) Whenever a public sale is ordered, the order of sale shall (1) Designate the person authorized to hold the sale; (2) Direct that...
N.C. Gen. Stat. § 1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure
(a) When a sale of timber by sealed bid is ordered, the person holding the sale, before giving notice of the sale, shall: (1)...
N.C. Gen. Stat. § 1-339.14. Public sale; judge's approval of clerk's order of sale
An order of public sale of personal property in which a minor or incompetent has an interest, which is made by a clerk of...
N.C. Gen. Stat. § 1-339.15. Public sale; contents of notice of sale
The notice of public sale shall: (1) Refer to the order authorizing the sale; (2) If the sale is to be by public auction,...
N.C. Gen. Stat. § 1-339.16. Public sale; time for beginning advertisement
An order of sale may provide for the beginning of the advertisement of sale at any time after the order is issued. If the...
N.C. Gen. Stat. § 1-339.17. Public sale; posting and publishing notice of sale of real property
(a) Subject to subsection (d) of this section, notice of public sale of real property shall: (1) Be posted, in the area designated by...
N.C. Gen. Stat. § 1-339.18. Public sale; posting notice of sale of personal property
(a) The notice of public sale of personal property, except in the case of perishable property as provided by G.S. 1-339.19, shall be posted,...
N.C. Gen. Stat. § 1-339.19. Public sale; exception; perishable property
If personal property to be sold at public sale is determined by the judge or clerk of court having jurisdiction to be perishable property...
N.C. Gen. Stat. § 1-339.20. Public sale; postponement of sale
(a) A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than six days,...
N.C. Gen. Stat. § 1-339.21. Public sale by auction; time of sale
(a) A public sale by auction shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but...
N.C. Gen. Stat. § 1-339.22. Public sale by auction; continuance of uncompleted sale
A public sale by auction commenced but not completed within the time allowed by G.S. 1-339.21 shall be continued by the person holding the...
N.C. Gen. Stat. § 1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale
(a) When any person interested as a creditor, devisee, distributee, or otherwise, in the proceeds of a public sale of personal property, objects at...
N.C. Gen. Stat. § 1-339.24. Public sale; report of sale; when final as to personal property
(a) The person holding a public sale shall, within five days after the date of the sale if the sale was by auction, or...
N.C. Gen. Stat. § 1-339.25. Public sale; upset bid on real property; compliance bond
(a) An upset bid is an advanced, increased, or raised bid in a public sale by auction whereby a person offers to purchase real...
N.C. Gen. Stat. § 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure
When real property is sold at public sale by auction in parts, as provided by G.S. 1-339.9, the sale of any part shall be...
N.C. Gen. Stat. § 1-339.27. Repealed by Session Laws 2001-271, s. 6
N.C. Gen. Stat. § 1-339.27A. Ordering resale of real property after sale or upset bid
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk...
N.C. Gen. Stat. § 1-339.28. Public sale; confirmation of sale
(a) No public sale of real property may be consummated until confirmed as follows: (1) If a public sale is ordered by a judge...
N.C. Gen. Stat. § 1-339.29. Public sale; real property; deed; order for possession
(a) Upon confirmation of a public sale of real property, the person authorized to hold the sale, or such other person as may be...
N.C. Gen. Stat. § 1-339.30. Public sale; failure of bidder to make cash deposit or to comply with bid; resale
(a) If an order of public sale by auction requires the highest bidder to make a cash deposit at the sale, and the highest...
N.C. Gen. Stat. § 1-339.31. Public sale; report of commissioner or trustee in deed of trust
(a) A commissioner or a trustee in a deed of trust, authorized pursuant to G.S. 1-339.4 to hold a public sale of property, shall,...
N.C. Gen. Stat. § 1-339.32. Public sale; final report of person, other than commissioner or trustee in deed of trust
An administrator, executor or collector of a decedent's estate, or a receiver, or a guardian or trustee of a minor's or incompetent's estate, or...
N.C. Gen. Stat. § 1-339.33. Private sale; order of sale
Whenever a private sale is ordered, the order of sale shall (1) Designate the person authorized to make the sale; (2) Describe real property...
N.C. Gen. Stat. § 1-339.34. Private sale; exception; certain personal property
(a) Notwithstanding any provisions of this Article, property described below may be sold at private sale at the current market price after first obtaining...
N.C. Gen. Stat. § 1-339.35. Private sale; report of sale
(a) The person holding a private sale shall, within five days after the date of the sale, file a report with the clerk of...
N.C. Gen. Stat. § 1-339.36. Private sale; upset bid; subsequent procedure
(a) Every private sale of real or personal property, except a sale of personal property as provided by G.S. 1-339.34, is subject to an...
N.C. Gen. Stat. § 1-339.37. Private sale; confirmation
If no upset bid for property sold at private sale is submitted within 10 days after the report of sale or the last notice...
N.C. Gen. Stat. § 1-339.38. Private sale; real property; deed; order for possession
(a) Upon confirmation of a private sale of real property, the person authorized to hold the sale, or such other person as may be...
N.C. Gen. Stat. § 1-339.39. Private sale; personal property; delivery; bill of sale
Upon compliance by the purchaser with the terms of a private sale of personal property, and upon confirmation of the sale when confirmation is...
N.C. Gen. Stat. § 1-339.40. Private sale; final report
(a) A commissioner or a trustee in a deed of trust authorized pursuant to G.S. 1-339.4 to hold a private sale of property shall...

Article 29B - Execution Sales.

N.C. Gen. Stat. § 1-339.41. Definitions
(a) An execution sale is a sale of property by a sheriff or other officer made pursuant to an execution. (b) As used in...
N.C. Gen. Stat. § 1-339.42. Clerk's authority to fix procedural details
The clerk of the superior court who issues an execution has authority to fix and determine all necessary procedural details with respect to sales...
N.C. Gen. Stat. § 1-339.43. Days on which sale may be held
A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
N.C. Gen. Stat. § 1-339.44. Place of sale
(a) Every sale of real property shall be held at the courthouse door in the county where the property is situated unless the property...
N.C. Gen. Stat. § 1-339.45. Presence of personal property at sale required
A sheriff holding a sale of personal property shall have the property present at the place of sale. (1949, c. 719, s. 1.)
N.C. Gen. Stat. § 1-339.46. Sale as a whole or in parts
When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the...
N.C. Gen. Stat. § 1-339.47. Sale to be made for cash
Every sale shall be made for cash. (1949, c. 719, s. 1.)
N.C. Gen. Stat. § 1-339.48. Life of execution
If an execution is issued on a judgment, within the time provided by G.S. 1-306, and a sale, by authority of that execution, is...
N.C. Gen. Stat. § 1-339.49. Penalty for selling contrary to law
A sheriff or other officer who makes any sale contrary to the true intent and meaning of this Article shall forfeit two hundred dollars...
N.C. Gen. Stat. § 1-339.50. Officer's return of no sale for want of bidders; penalty
When a sheriff or other officer returns upon an execution that he has made no sale for want of bidders, he must state in...
N.C. Gen. Stat. § 1-339.51. Contents of notice of sale
The notice of sale shall (1) Refer to the execution authorizing the sale; (2) Designate the date, hour and place of sale; (3) Describe...
N.C. Gen. Stat. § 1-339.52. Posting and publishing notice of sale of real property
(a) The notice of sale of real property shall: (1) Be posted, in the area designated by the clerk of superior court for the...
N.C. Gen. Stat. § 1-339.53. Posting notice of sale of personal property
The notice of sale of personal property, except in the case of perishable property as specified in G.S. 1-339.56, shall be posted, in the...
N.C. Gen. Stat. § 1-339.54. Notice to judgment debtor of sale of real property
In addition to complying with G.S. 1-339.52, relating to posting and publishing the notice of sale, the sheriff shall, at least ten days before...
N.C. Gen. Stat. § 1-339.55. Notification of Governor and Attorney General
When the State is a stockholder in any corporation whose property is to be sold under execution, notice in writing shall be given by...
N.C. Gen. Stat. § 1-339.56. Exception; perishable property
If, in the opinion of the sheriff, any personal property levied on under execution is perishable because subject to rapid deterioration, he shall forthwith...
N.C. Gen. Stat. § 1-339.57. Satisfaction of judgment before sale completed
If, prior to the time fixed for a sale, or prior to the expiration of the time allowed for submitting any upset bid, payment...
N.C. Gen. Stat. § 1-339.58. Postponement of sale
(a) The sheriff may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for...
N.C. Gen. Stat. § 1-339.59. Procedure upon dissolution of order restraining or enjoining sale
(a) When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required...
N.C. Gen. Stat. § 1-339.60. Time of sale
(a) A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than...
N.C. Gen. Stat. § 1-339.61. Continuance of uncompleted sale
A sale commenced but not completed within the time allowed by G.S. 1-339.60 shall be continued by the sheriff to a designated time between...
N.C. Gen. Stat. § 1-339.62. Delivery of personal property; bill of sale
A sheriff holding a sale of personal property shall deliver the property to the purchaser immediately upon receipt of the purchase price. The sheriff...
N.C. Gen. Stat. § 1-339.63. Report of sale
(a) The sheriff shall, within five days after the date of the sale, file a report thereof with the clerk of the superior court....
N.C. Gen. Stat. § 1-339.64. Upset bid on real property; compliance bond
(a) An upset bid is an advanced, increased, or raised bid whereby a person offers to purchase real property theretofore sold for an amount...
N.C. Gen. Stat. § 1-339.65. Separate upset bids when real property sold in parts; subsequent procedure
When real property is sold in parts, as provided by G.S. 1-339.46, the sale of any part shall be subject to a separate upset...
N.C. Gen. Stat. § 1-339.66. Repealed by Session Laws 2001-271, s. 16
N.C. Gen. Stat. § 1-339.66A. Ordering resale of real property after upset bid
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the clerk of superior...
N.C. Gen. Stat. § 1-339.67. Confirmation of sale of real property
No sale of real property may be consummated until the sale is confirmed by the clerk of the superior court. No order of confirmation...
N.C. Gen. Stat. § 1-339.68. Deed for real property sold; property subject to liens; orders for possession
(a) Upon confirmation of a sale of real property, the sheriff, upon order of the clerk of the superior court, shall prepare and tender...
N.C. Gen. Stat. § 1-339.69. Failure of bidder to comply with bid; resale
(a) When the highest bidder at a sale of personal property fails to pay the amount of the bid, the sheriff shall at the...
N.C. Gen. Stat. § 1-339.70. Disposition of proceeds of sale
(a) After deducting all sums due him on account of the sale, including the expenses incurred in caring for the property so long as...
N.C. Gen. Stat. § 1-339.71. Special proceeding to determine ownership of surplus
(a) A special proceeding may be instituted before the clerk of the superior court by any person claiming any money, or part thereof, paid...

Article 29C - Validating Sections.

N.C. Gen. Stat. § 1-339.72. Validation of certain sales
All sales of real property under execution, deed of trust, mortgage or other contracts made since February 21, 1929, where notice of the original...
N.C. Gen. Stat. § 1-339.73. Ratification of certain sales held on days other than the day required by statute
All sales made prior to March 2, 1939, under execution or by order of court on any day other than the first Monday in...
N.C. Gen. Stat. § 1-339.74. Sales on other days validated
All sales of real or personal property made prior to February 27, 1933, by a sheriff of any county in North Carolina, in the...
N.C. Gen. Stat. § 1-339.75. Certain sales validated
All sales of realty made under executions issued prior to March the fifteenth, one thousand nine hundred and one, on judgments regularly obtained in...
N.C. Gen. Stat. § 1-339.76. Validation of sales when payment deferred more than two years
All sales of land conducted prior to February 10, 1927, under authority of G.S. 28-93, in which the deferred payments were extended over a...
N.C. Gen. Stat. § 1-339.77. Validation of certain sales confirmed prior to time prescribed by law
From and after June 1, 1953 no action shall be brought to contest the validity of a decree filed on or before December 31,...

Article 30 - Betterments.

N.C. Gen. Stat. § 1-340. Petition by claimant; execution suspended; issues found
A defendant against whom a judgment is rendered for land may, at any time before execution, present a petition to the court rendering the...
N.C. Gen. Stat. § 1-341. Annual value of land and waste charged against defendant
The jury, in assessing the damages, shall estimate against the defendant the clear annual value of the premises during the time he was in...
N.C. Gen. Stat. § 1-342. Value of improvements estimated
If the jury is satisfied that the defendant, or those under whom he claims, made on the premises, at a time when there was...
N.C. Gen. Stat. § 1-343. Improvements to balance rents
If the sum estimated for the improvements exceeds the damages estimated against the defendant as aforesaid, the jury shall then estimate against him for...
N.C. Gen. Stat. § 1-344. Verdict, judgment, and lien
After offsetting the damages assessed for the plaintiff, and the allowances to the defendant for any improvements, the jury shall find a verdict for...
N.C. Gen. Stat. § 1-345. Life tenant recovers from remainderman
If the plaintiff claims only an estate for life in the land recovered and pays any sum allowed to the defendant for improvements, he...
N.C. Gen. Stat. § 1-346. Value of premises without improvements
When the defendant claims allowance for improvements, the plaintiff may by entry on the record require that the value of his estate in the...
N.C. Gen. Stat. § 1-347. Plaintiff's election that defendant take premises
The plaintiff in such case, if judgment is rendered for him, may, at any time during the same term, or before judgment is rendered...
N.C. Gen. Stat. § 1-348. Payment made to court; land sold on default
The payment must be made to the plaintiff, or into court for his use, and the land is bound therefor, and if the defendant...
N.C. Gen. Stat. § 1-349. Procedure where plaintiff is under disability
If the party by or for whom the land is claimed in the suit is a minor or insane person, such value is deemed...
N.C. Gen. Stat. § 1-350. Defendant evicted, may recover from plaintiff
If the defendant, his heirs or assigns, after the premises are so relinquished to him, is evicted by force of a better title than...
N.C. Gen. Stat. § 1-351. Not applicable to suit by mortgagee
Nothing in this Article applies to any suit brought by a mortgagee or his heirs or assigns against a mortgagor or his heirs or...

Article 31 - Supplemental Proceedings.

N.C. Gen. Stat. § 1-352. Execution unsatisfied, debtor ordered to answer
When an execution against property of a judgment debtor, or any one of several debtors in the same judgment, issued to the sheriff of...
N.C. Gen. Stat. § 1-352.1. Interrogatories to discover assets
As an additional method of discovering assets of a judgment debtor, the judgment creditor may prepare and serve on the judgment debtor written interrogatories...
N.C. Gen. Stat. § 1-352.2. Additional method of discovering assets
In addition to the other provisions of this Article and as an additional method of discovering assets of a judgment debtor the clerk of...
N.C. Gen. Stat. § 1-353. Property withheld from execution; proceedings
After the issuing of an execution against property, and upon proof by affidavit of a party, his agent or attorney, to the satisfaction of...
N.C. Gen. Stat. § 1-354. Proceedings against joint debtors
Proceedings supplemental to execution may be taken upon the return of an execution unsatisfied, issued upon a judgment recovered in an action against joint...
N.C. Gen. Stat. § 1-355. Debtor leaving State, or concealing himself, arrested; bond
Instead of the order requiring the attendance of the judgment debtor, the court or judge may, upon proof by affidavit or otherwise to his...
N.C. Gen. Stat. § 1-356. Examination of parties and witnesses
On examination under this Article either party may examine witnesses in his behalf, and the judgment debtor may be examined in the same manner...
N.C. Gen. Stat. § 1-357. Incriminating answers not privileged; not used in criminal proceedings
No person, on examination pursuant to this Article, is excused from answering any question on the ground that it will tend to convict him...
N.C. Gen. Stat. § 1-358. Disposition of property forbidden
The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor...
N.C. Gen. Stat. § 1-359. Debtors of judgment debtor may satisfy execution
After the issuing of an execution against property, all persons indebted to the judgment debtor, or to any one of several debtors in the...
N.C. Gen. Stat. § 1-360. Debtors of judgment debtor may be summoned
Upon the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same...
N.C. Gen. Stat. § 1-360.1. Execution on the property of debtors of judgment debtor
After the clerk of superior court determines to the clerk's satisfaction that the debtor of the judgment debtor acknowledged at a proceeding conducted pursuant...
N.C. Gen. Stat. § 1-361. Where proceedings instituted and defendant examined
Proceedings supplemental to execution must be instituted in the county in which the judgment was entered; but the place designated where the defendant must...
N.C. Gen. Stat. § 1-362. Debtor's property ordered sold
The court or judge may order any property, whether subject or not to be sold under execution (except the homestead and personal property exemptions...
N.C. Gen. Stat. § 1-363. Receiver appointed
The court or judge having jurisdiction over the appointment of receivers may also by order in like manner, and with like authority, appoint a...
N.C. Gen. Stat. § 1-364. Filing and record of appointment; property vests in receiver
When the court or a judge grants an order for the appointment of a receiver of the property of the judgment debtor, it shall...
N.C. Gen. Stat. § 1-365. Where order of appointment recorded
Before the receiver is vested with any real property of the judgment debtor, a certified copy of the order of appointment must be filed...
N.C. Gen. Stat. § 1-366. Receiver to sue debtors of judgment debtor
If it appears that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in...
N.C. Gen. Stat. § 1-367. Reference
The court or judge may, in his discretion, order a reference to the referee agreed upon by the parties, or appointed by him, to...
N.C. Gen. Stat. § 1-368. Disobedience of orders punished as for contempt
Any person, party or witness, who disobeys an order of the court or judge or referee, duly served, may be punished by the judge...

Article 32 - Property Exempt from Execution.

N.C. Gen. Stat. § 1-369 through 1-392. Repealed by Session Laws 1981, c.490

Article 33 - Special Proceedings.

N.C. Gen. Stat. § 1-393. Chapter and Rules of Civil Procedure applicable to special proceedings
The Rules of Civil Procedure and the provisions of this Chapter on civil procedure are applicable to special proceedings, except as otherwise provided. (Code,...
N.C. Gen. Stat. § 1-394. Contested special proceedings; commencement; summons
Special proceedings against adverse parties shall be commenced as is prescribed for civil actions. The summons shall notify the defendant or defendants to appear...
N.C. Gen. Stat. § 1-394.1. Special proceedings to determine authority to transfer structured settlement payment rights
When a special proceeding is commenced to obtain authorization for the transfer of structured settlement payment rights pursuant to Article 44B of this Chapter,...
N.C. Gen. Stat. § 1-395. Return of summons
The person to whom the summons is delivered for service shall note on it the day of its delivery to him, and, if required...
N.C. Gen. Stat. § 1-396. When complaint filed
The complaint or petition of the plaintiff must be filed in the clerk's office at or before the time of the issuance of the...
N.C. Gen. Stat. § 1-397. Repealed by Session Laws 1943, c. 543
N.C. Gen. Stat. § 1-398. Filing time enlarged
The time for filing the complaint, petition, or any pleading may be enlarged by the court for good cause shown, but may not be...
N.C. Gen. Stat. § 1-399. Repealed by Session Laws 1999-216, s.2
N.C. Gen. Stat. § 1-400. Ex parte; commenced by petition
If all the parties in interest join in the proceeding and ask the same relief, the commencement of the proceedings shall be by petition,...
N.C. Gen. Stat. § 1-401. Clerk acts summarily; signing by petitioners; authorization to attorney
In cases under G.S. 1-400, if all persons to be affected by the decree or their attorney have signed the petition and are of...
N.C. Gen. Stat. § 1-402. Judge approves when petitioner is infant
If any petitioner is an infant, or the guardian of an infant, acting for him, no final order or judgment of the clerk, affecting...
N.C. Gen. Stat. § 1-403. Orders signed by judge
Every order or judgment in a special proceeding required to be made by a judge of the superior court, in or out of session,...
N.C. Gen. Stat. § 1-404. Reports of commissioners and jurors
Every order or judgment in a special proceeding imposing a duty on commissioners or jurors must prescribe the time within which the duty must...
N.C. Gen. Stat. § 1-405. No report set aside for trivial defect
No report or return made by any commissioners may be set aside and sent back to them or others for a new report because...
N.C. Gen. Stat. § 1-406. Commissioner of sale to account in sixty days
In all actions or special proceedings when a person is appointed commissioner to sell real or personal property, he shall, within 60 days after...
N.C. Gen. Stat. § 1-407. Commissioner holding proceeds of land sold for reinvestment to give bond
Whenever in any cause of special proceeding there is a sale of real estate for the purpose of a reinvestment of the money arising...
N.C. Gen. Stat. § 1-407.1. Bond required to protect interest of infant or incompetent
In the case of any sale of real estate, the court may, in its discretion, require a good and sufficient bond to protect the...
N.C. Gen. Stat. § 1-407.2. When court may waive bond; premium paid from fund protected
The court, in its discretion, may waive the requirement of such bond in those cases in which the court requires the funds or proceeds...
N.C. Gen. Stat. § 1-408. Action in which clerk may allow fees of commissioners; fees taxed as costs
In a civil action or special proceeding commenced in the superior court in which a commissioner or commissioners are appointed under an order or...
N.C. Gen. Stat. § 1-408.1. Clerk may order surveys in civil actions and special proceedings involving sale of land
In civil actions and special proceedings commenced in the superior court before the clerk where real property is to be sold to make assets...

Article 34 - Arrest and Bail.

N.C. Gen. Stat. § 1-409. Arrest only as herein prescribed
No person may be arrested in a civil action except as prescribed by this Article, but this provision shall not apply to proceedings for...
N.C. Gen. Stat. § 1-410. In what cases arrest allowed
The defendant may be arrested, as hereinafter prescribed, in the following cases: (1) In an action for the recovery of damages on a cause...
N.C. Gen. Stat. § 1-411. Order and affidavit
An order for the arrest of the defendant must be obtained from the court in which the action is brought or a judge thereof,...
N.C. Gen. Stat. § 1-412. Undertaking before order
Before making the order the court or judge shall require a written undertaking on the part of the plaintiff of at least one hundred...
N.C. Gen. Stat. § 1-413. Issuance and form of order
The order may be made to accompany the summons, or to issue at any time afterwards, before judgment. It shall require the sheriff of...
N.C. Gen. Stat. § 1-414. Copies of affidavit and order to defendant
The affidavit and order of arrest shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver him a copy thereof. (C.C.P.,...
N.C. Gen. Stat. § 1-415. Execution of order
The sheriff shall execute the order by arresting the defendant and keeping him in custody until discharged by law. The sheriff may call the...
N.C. Gen. Stat. § 1-416. Vacation of order for failure to serve
The order of arrest is of no avail, and shall be vacated or set aside on motion, unless it is served upon the defendant,...
N.C. Gen. Stat. § 1-417. Motion to vacate order; jury trial
A defendant arrested may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of...
N.C. Gen. Stat. § 1-418. Counter affidavits by plaintiff
If the motion is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits,...
N.C. Gen. Stat. § 1-419. How defendant discharged
The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in...
N.C. Gen. Stat. § 1-420. Defendant's undertaking
The defendant may give bail by causing a written undertaking, payable to the plaintiff, to be executed by sufficient surety to the effect that...
N.C. Gen. Stat. § 1-421. Defendant's undertaking delivered to clerk; exception
Within the time limited for that purpose, the sheriff shall deliver the order of arrest to the clerk of the court in which the...
N.C. Gen. Stat. § 1-422. Notice of justification; new bail
On the receipt of notice of exception to the bail, the sheriff or defendant may, within 10 days thereafter, give to the plaintiff or...
N.C. Gen. Stat. § 1-423. Qualifications of bail
The qualifications of bail must be as follows: (1) Each of them must be a resident and freeholder within the State (2) They must...
N.C. Gen. Stat. § 1-424. Justification of bail
For the purpose of justification, each of the bail shall attend before the court or judge, at the time and place mentioned in the...
N.C. Gen. Stat. § 1-425. Allowance of bail
If the court or judge finds the bail sufficient, he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them...
N.C. Gen. Stat. § 1-426. Deposit in lieu of bail
The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. The...
N.C. Gen. Stat. § 1-427. Deposit paid into court; liability on sheriff's bond
Within four days after the deposit the sheriff must pay it into court, and take from the officer receiving it two certificates of such...
N.C. Gen. Stat. § 1-428. Bail substituted for deposit
If money is deposited, as provided in G.S. 1-426 and 1-427, bail may be given and justified upon notice according to law at any...
N.C. Gen. Stat. § 1-429. Deposit applied to plaintiff's judgment
When money has been deposited, and remains on deposit at the time of an order or judgment for the payment of money to the...
N.C. Gen. Stat. § 1-430. Defendant in jail, sheriff may take bail
If a person for want of bail is lawfully committed to jail, at any time before final judgment, the sheriff, or other officer having...
N.C. Gen. Stat. § 1-431. When sheriff liable as bail
If, after arrest, the defendant escapes, or is rescued, or bail is not given or justified, or a deposit is not made instead thereof,...
N.C. Gen. Stat. § 1-432. Action on sheriff's bond
If a judgment is recovered against the sheriff, upon his liability as bail, and an execution thereon is returned wholly or partly unsatisfied, the...
N.C. Gen. Stat. § 1-433. Bail exonerated
At any time before final judgment against them, the bail may be exonerated, either by the death of the defendant or his imprisonment in...
N.C. Gen. Stat. § 1-434. Surrender of defendant
At any time before final judgment against them, the bail may surrender the defendant in their exoneration, or he may surrender himself to the...
N.C. Gen. Stat. § 1-435. Bail may arrest defendant
For the purpose of surrendering the defendant, the bail, at any time or place, before they are finally charged, may themselves arrest him, or...
N.C. Gen. Stat. § 1-436. Proceedings against bail by motion
In case of failure to comply with the undertaking the bail may be proceeded against by motion in the cause on 10 days' notice...
N.C. Gen. Stat. § 1-437. Liability of bail to sheriff
The bail taken upon the arrest are, unless they justify, or other bail are given or justified, liable to the sheriff by action for...
N.C. Gen. Stat. § 1-438. When bail to pay costs
When a notice issues against a person, as the bail of another, and the bail, at or before the term of the court at...
N.C. Gen. Stat. § 1-439. Bail not discharged by amendment
No amendment of process or pleading discharges the bail of the party arrested thereon, unless it enlarges the sum demanded beyond the sum expressed...

Article 35 - Attachment.

N.C. Gen. Stat. § 1-440. Superseded by Session Laws 1947, c. 693, codified as � 1- 440.1 et seq
N.C. Gen. Stat. § 1-440.1. Nature of attachment
(a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended...
N.C. Gen. Stat. § 1-440.2. Actions in which attachment may be had
Attachment may be had in any action the purpose of which, in whole or in part, or in the alternative, is to secure a...
N.C. Gen. Stat. § 1-440.3. Grounds for attachment
In those actions in which attachment may be had under the provisions of G.S. 1-440.2, an order of attachment may be issued when the...
N.C. Gen. Stat. § 1-440.4. Property subject to attachment
All of a defendant's property within this State which is subject to levy under execution, or which in supplemental proceedings in aid of execution...
N.C. Gen. Stat. § 1-440.5. By whom order issued; when and where; filing of bond and affidavit
(a) An order of attachment may be issued by (1) The clerk of the court in which the action has been, or is being,...
N.C. Gen. Stat. § 1-440.6. Time of issuance with reference to summons or service by publication
(a) The order of attachment may be issued at the time the summons is issued or at any time thereafter. (b) No order of...
N.C. Gen. Stat. § 1-440.7. Time within which service of summons or service by publication must be had
(a) When an order of attachment is issued before the summons is served. (1) If personal service within the State is to be had,...
N.C. Gen. Stat. § 1-440.8. General provisions relative to bonds
(a) Any bond given pursuant to the provisions of this Article shall be executed by the party required to furnish the bond and by...
N.C. Gen. Stat. § 1-440.9. Authority of court to fix procedural details
The court of proper jurisdiction, before which any matter is pending under the provisions of this Article, shall have authority to fix and determine...
N.C. Gen. Stat. § 1-440.10. Bond for attachment
Before the court issues an order of attachment, the plaintiff must furnish a bond as follows: (1) The amount of the bond shall be...
N.C. Gen. Stat. § 1-440.11. Affidavit for attachment; amendment
(a) To secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit (1) In every...
N.C. Gen. Stat. § 1-440.12. Order of attachment; form and contents
(a) If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by...
N.C. Gen. Stat. § 1-440.13. Additional orders of attachment at time of original order; alias and pluries orders
(a) At the time the original order of attachment is issued, or thereafter, one or more additional orders, at the request of the plaintiff,...
N.C. Gen. Stat. § 1-440.14. Notice of issuance of order of attachment when no personal service
(a) When service of process by publication is made subsequent to the original order of attachment, the published and mailed notice of service of...
N.C. Gen. Stat. § 1-440.15. Method of execution
(a) The sheriff to whom the order of attachment is directed shall note thereon the date of its delivery to him and shall promptly...
N.C. Gen. Stat. § 1-440.16. Sheriff's return
(a) After the sheriff has executed an order of attachment, he shall promptly make a written return showing all property levied upon by him...
N.C. Gen. Stat. § 1-440.17. Levy on real property
(a) In order to make a levy on real property, the sheriff need not go upon the land or take control over it, but...
N.C. Gen. Stat. § 1-440.18. Levy on tangible personal property in defendant's possession
The sheriff shall levy on tangible personal property in the possession of the defendant by seizing and taking into his possession so much thereof...
N.C. Gen. Stat. § 1-440.19. Levy on stock in corporation
(a) The sheriff may levy, as on tangible property, on a share of stock in a corporation by seizing the certificate of stock (1)...
N.C. Gen. Stat. § 1-440.20. Levy on goods in warehouses
(a) The sheriff may levy on goods delivered to a warehouseman for storage, by delivering copies of the garnishment process to the warehouseman, or...
N.C. Gen. Stat. § 1-440.21. Nature of garnishment
(a) Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment...
N.C. Gen. Stat. § 1-440.22. Issuance of summons to garnishee
(a) A summons to garnishee may be issued (1) At the time of the issuance of the original order of attachment, by the court...
N.C. Gen. Stat. § 1-440.23. Form of summons to garnishee
The summons to garnishee shall be substantially in the following form: State of North Carolina In the Superior Court __________County ____________________, Plaintiff, vs. ____________________,...
N.C. Gen. Stat. § 1-440.24. Form of notice of levy in garnishment proceeding
The notice of levy to be served on the garnishee shall be substantially in the following form: State of North Carolina In the Superior...
N.C. Gen. Stat. § 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee
The levy in all cases of garnishment shall be made by delivering to the garnishee, or a process agent authorized by him or expressly...
N.C. Gen. Stat. § 1-440.26. To whom garnishment process may be delivered when garnishee is corporation
(a) When the garnishee is a domestic corporation, the copies of the process listed in G.S. 1-440.25 may be delivered to the president or...
N.C. Gen. Stat. § 1-440.27. Failure of garnishee to appear
(a) When a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a...
N.C. Gen. Stat. § 1-440.28. Admission by garnishee; setoff; lien
(a) When a garnishee admits in his answer that he is indebted to the defendant, or was indebted to the defendant at the time...
N.C. Gen. Stat. § 1-440.29. Denial of claim by garnishee; issues of fact
(a) In addition to any other instances when issues of fact arise in a garnishment proceeding, issues of fact arise (1) When a garnishee...
N.C. Gen. Stat. § 1-440.30. Time of jury trial
All issues arising under G.S. 1-440.28 or G.S. 1-440.29 shall, when a jury trial is demanded by any party, be submitted to and determined...
N.C. Gen. Stat. § 1-440.31. Payment to defendant by garnishee
Any garnishee who shall pay to the defendant any debt owed the defendant or deliver to the defendant any property belonging to the defendant,...
N.C. Gen. Stat. § 1-440.32. Execution against garnishee
(a) Pursuant to a judgment against a garnishee, execution may be issued against such garnishee prior to judgment against the defendant in the principal...
N.C. Gen. Stat. § 1-440.33. When lien of attachment begins; priority of liens
(a) Upon securing the issuance of an order of attachment, a plaintiff may cause notice of the issuance of the order to be filed...
N.C. Gen. Stat. § 1-440.34. Effect of defendant's death after levy
(a) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder...
N.C. Gen. Stat. § 1-440.35. Sheriff's liability for care of attached property; expense of care
The sheriff is liable for the care and custody of personal property levied upon pursuant to an order of attachment just as if he...
N.C. Gen. Stat. § 1-440.36. Dissolution of the order of attachment
(a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move,...
N.C. Gen. Stat. § 1-440.37. Modification of the order of attachment
At any time before judgment in the principal action, the defendant may apply to the clerk or the judge for an order modifying the...
N.C. Gen. Stat. § 1-440.38. Stay of order dissolving or modifying an order of attachment
Whenever a plaintiff appeals from an order dissolving or modifying an order of attachment, such order shall be stayed and the attachment lien with...
N.C. Gen. Stat. § 1-440.39. Discharge of attachment upon giving bond
(a) Any defendant whose property has been attached may move, either before the clerk or the judge, to discharge the attachment upon his giving...
N.C. Gen. Stat. § 1-440.40. Defendant's objection to bond or surety
(a) At any time before judgment in the principal action, on motion of the defendant, the clerk or judge may, if he deems it...
N.C. Gen. Stat. § 1-440.41. Defendant's remedies not exclusive
The exercise by the defendant of any one or more rights provided by G.S. 1-440.36 through 1-440.40 does not bar the defendant from exercising...
N.C. Gen. Stat. § 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond
(a) At any time before judgment in the principal action, on motion of the plaintiff, the clerk or judge may, if he deems it...
N.C. Gen. Stat. § 1-440.43. Remedies of third person claiming attached property or interest therein
Any person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an...
N.C. Gen. Stat. § 1-440.44. When attached property to be sold before judgment
(a) The sheriff shall apply to the clerk or to the judge for authority to sell property, or any share or interest therein, seized...
N.C. Gen. Stat. § 1-440.45. When defendant prevails in principal action
(a) If the defendant prevails in the principal action, or if the order of attachment is for any reason dissolved, dismissed or set aside,...
N.C. Gen. Stat. § 1-440.46. When plaintiff prevails in principal action
(a) If judgment is entered for the plaintiff in the principal action, the sheriff shall satisfy such judgment out of money collected by him...
N.C. Gen. Stat. § 1-440.47 through 1-440.56. Repealed by Session Laws 1971, c. 268, s. 34
N.C. Gen. Stat. § 1-440.57. Repealed by Session Laws 1971, c. 268, s. 34
N.C. Gen. Stat. § 1-441 through 1-471. Superseded by Session Laws 1947, c. 693, codified as �� 1-440.1 through 1-440.57

Article 36 - Claim and Delivery.

N.C. Gen. Stat. § 1-472. Claim for delivery of personal property
The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this...
N.C. Gen. Stat. § 1-473. Affidavit and requisites
Where a delivery is claimed, an affidavit must be made before the clerk of the court in which the action is required to be...
N.C. Gen. Stat. § 1-474. Order of seizure and delivery to plaintiff
(a) Order. - The clerk of court may, upon notice and hearing as provided in G.S. 1-474.1 and upon the giving by the plaintiff...
N.C. Gen. Stat. § 1-474.1. Notice of hearing; waiver; permissible form of notice and waiver
(a) The clerk of court, upon the request of the plaintiff, shall issue a notice to the defendant setting a time and place for...
N.C. Gen. Stat. § 1-475. Plaintiff's undertaking
The plaintiff must give a written undertaking payable to the defendant, executed by one or more sufficient sureties, approved by the sheriff, to the...
N.C. Gen. Stat. § 1-476. Sheriff's duties
Upon the receipt of the order from the clerk with the plaintiff's undertaking, the sheriff shall forthwith take the property described in the affidavit,...
N.C. Gen. Stat. § 1-477. Exceptions to undertaking; liability of sheriff
The defendant may, within three days after the service of a copy of the affidavit and undertaking, notify the sheriff personally, or by leaving...
N.C. Gen. Stat. § 1-478. Defendant's undertaking for replevy
At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of...
N.C. Gen. Stat. § 1-479. Qualification and justification of defendant's sureties
The qualification of the defendant's sureties, and their justification, is as prescribed in respect to bail upon an order of arrest. The defendant's sureties,...
N.C. Gen. Stat. § 1-480. Property concealed in buildings
If the property, or any part of it, is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it...
N.C. Gen. Stat. § 1-481. Care and delivery of seized property
When the sheriff has taken property, as provided in this Article, he must keep it in a secure place, and deliver it to the...
N.C. Gen. Stat. § 1-482. Property claimed by third person; proceedings
When the property taken by the sheriff is claimed by any person other than the plaintiff or defendant the claimant may intervene upon filing...
N.C. Gen. Stat. § 1-483. Delivery of property to intervener
Upon the filing by the claimant of the undertaking set forth in G.S. 1-482, the sheriff is not bound to keep the property, or...
N.C. Gen. Stat. § 1-484. Sheriff to return papers in 10 days
The sheriff must return the undertaking, notice and affidavit, with his proceedings thereon, to the court in which the action is pending within 10...
N.C. Gen. Stat. § 1-484.1. Remedy not exclusive
The provisions of this Article shall not be construed to preclude the use of attachment or any other ancillary remedy (upon the terms and...

Article 37 - Injunction.

N.C. Gen. Stat. § 1-485. When preliminary injunction issued
A preliminary injunction may be issued by order in accordance with the provisions of this Article. The order may be made by any judge...
N.C. Gen. Stat. § 1-486. When solvent defendant restrained
In an application for an injunction to enjoin a trespass on land it is not necessary to allege the insolvency of the defendant when...
N.C. Gen. Stat. § 1-487. Timberlands, trial of title to
In all actions to try title to timberlands, and for trespass thereon for cutting timber trees, when the court finds as a fact that...
N.C. Gen. Stat. § 1-488. When timber may be cut
In any action specified in G.S. 1-487, when the judge finds as a fact that the contention of either party is not in good...
N.C. Gen. Stat. § 1-489 through 1-492. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-493. What judges have jurisdiction
All judges of the superior court and judges of the district court authorized to hear in-chambers matters have jurisdiction to grant injunctions and issue...
N.C. Gen. Stat. § 1-494. Before what judge returnable
All restraining orders and injunctions granted by any of the judges of the superior court shall be made returnable before the resident judge of...
N.C. Gen. Stat. § 1-495. Stipulation as to judge to hear
By a stipulation in writing, signed by all the parties to an application for an injunction order, or their attorneys, to the effect that...
N.C. Gen. Stat. § 1-496 through 1-497. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-498. Application to extend, modify, or vacate; before whom heard
Applications to extend, modify, or vacate temporary restraining orders and preliminary injunctions issued in the superior court division may be heard by the judge...
N.C. Gen. Stat. § 1-499. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-500. Restraining orders and injunctions in effect pending appeal; indemnifying bond
Whenever a plaintiff shall appeal from a judgment rendered at chambers, or in session, either vacating a restraining order theretofore granted, or denying a...

Article 38 - Receivers.

N.C. Gen. Stat. § 1-501. What judge appoints
Any judge of the superior or district court with authority to grant restraining orders and injunctions has like jurisdiction in appointing receivers, and all...
N.C. Gen. Stat. § 1-502. In what cases appointed
A receiver may be appointed - (1) Before judgment, on the application of either party, when he establishes an apparent right to property which...
N.C. Gen. Stat. § 1-502.1. Applicant for receiver to furnish bond to adverse party
Before a judge may appoint a receiver, the judge shall require the party making application for the appointment to furnish a bond payable to...
N.C. Gen. Stat. § 1-503. Appointment refused on bond being given
In all cases where there is an application for the appointment of a receiver, upon the ground that the property or its rents and...
N.C. Gen. Stat. § 1-504. Receiver's bond
A receiver appointed in an action or special proceeding must, before entering upon his duties, execute and file with the clerk of the court...
N.C. Gen. Stat. § 1-505. Sale of property in hands of receiver
In a case pending in the Superior Court Division in which a receiver has been appointed, the resident superior court judge or a superior...
N.C. Gen. Stat. § 1-506. Repealed by Session Laws 1955, c. 399, s. 2
N.C. Gen. Stat. § 1-507. Validation of sales made outside county of action
All receiver's sales made prior to March 16, 1931, where orders were made and confirmation decreed or where either orders were made or confirmation...
N.C. Gen. Stat. § 1-507.1. Appointment and removal
When a corporation becomes insolvent or suspends its ordinary business for want of funds, or is in imminent danger of insolvency, or has forfeited...
N.C. Gen. Stat. § 1-507.2. Powers and bond
The receiver has power and authority to - (1) Demand, sue for, collect, receive and take into his possession all the goods and chattels,...
N.C. Gen. Stat. § 1-507.3. Title and inventory
All of the real and personal property of an insolvent corporation, wheresoever situated, and all its franchises, rights, privileges and effects, upon the appointment...
N.C. Gen. Stat. § 1-507.4. Foreclosure by receivers and trustees of corporate mortgagees or grantees
Where real estate has been conveyed by mortgage deed, or deed of trust to any corporation in this State authorized to accept such conveyance...
N.C. Gen. Stat. § 1-507.5. May send for persons and papers; penalty for refusing to answer
The receiver has power to send for persons and papers, to examine any persons, including the creditors, claimants, president, directors, and other officers and...
N.C. Gen. Stat. § 1-507.6. Proof of claims; time limit
All claims against an insolvent corporation must be presented to the receiver in writing; and the claimant, if required, shall submit himself to such...
N.C. Gen. Stat. § 1-507.7. Report on claims to court; exceptions and jury trial
It is the duty of the receiver to report to the session of the superior court subsequent to a finding by him as to...
N.C. Gen. Stat. § 1-507.8. Property sold pending litigation
When the property of an insolvent corporation is at the time of the appointment of a receiver encumbered with mortgages or other liens, the...
N.C. Gen. Stat. § 1-507.9. Compensation and expenses; counsel fees
Before distribution of the assets of an insolvent corporation among the creditors or stockholders, the court shall allow a reasonable compensation to the receiver...
N.C. Gen. Stat. § 1-507.10. Debts provided for, receiver discharged
When a receiver has been appointed, and it afterwards appears that the debts of the corporation have been paid, or provided for, and that...
N.C. Gen. Stat. § 1-507.11. Reorganization
When a majority in interest of the stockholders of the corporation have agreed upon a plan for its reorganization and a resumption by it...

Article 39 - Deposit or Delivery of Money or Other Property.

N.C. Gen. Stat. § 1-508. Ordered paid into court
When it is admitted by the pleading or examination of a party that he has in his possession or under his control any money...
N.C. Gen. Stat. § 1-509. Ordered seized by sheriff
When, in the exercise of his authority, a judge has ordered the deposit, delivery or conveyance of money or other property, and the order...
N.C. Gen. Stat. § 1-510. Defendant ordered to satisfy admitted sum
When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the judge, on motion,...

Article 40 - Mandamus.

N.C. Gen. Stat. § 1-511 through 1-513. Repealed by Session Laws 1967, c. 954, s. 4

Article 41 - Quo Warranto.

N.C. Gen. Stat. § 1-514. Writs of sci. fa. and quo warranto abolished
The writs of scire facias and of quo warranto, and proceedings by information in the nature of quo warranto, are abolished; and the remedies...
N.C. Gen. Stat. § 1-515. Action by Attorney General
An action may be brought by the Attorney General in the name of the State, upon his own information or upon the complaint of...
N.C. Gen. Stat. § 1-516. Action by private person with leave
When application is made to the Attorney General by a private relator to bring such an action, he shall grant leave that it may...
N.C. Gen. Stat. § 1-517. Solvent sureties required
The Attorney General, before granting leave to a private relator to bring a suit to try the title to an office, may require two...
N.C. Gen. Stat. § 1-518. Leave withdrawn and action dismissed for insufficient bond
When the Attorney General has granted leave to a private relator to bring an action in the name of the State to try the...
N.C. Gen. Stat. § 1-519. Arrest and bail of defendant usurping office
When action is brought against a person for usurping an office, the Attorney General, in addition to the statement of the cause of action,...
N.C. Gen. Stat. § 1-520. Several claims tried in one action
Where several persons claim to be entitled to the same office or franchise, one action may be brought against all of them, in order...
N.C. Gen. Stat. § 1-521. Trials expedited
All actions to try the title or right to any State, county or municipal office shall stand for trial at the next session of...
N.C. Gen. Stat. § 1-522. Time for bringing action
All actions brought by a private relator, upon the leave of the Attorney General, to try the title to an office must be brought,...
N.C. Gen. Stat. § 1-523. Defendant's undertaking before answer
Before the defendant may answer or demur to the complaint he must execute and file in the superior court clerk's office of the county...
N.C. Gen. Stat. § 1-524. Possession of office not disturbed pending trial
(a) In any civil action pending in any of the courts of this State in which the title to an office is involved, the...
N.C. Gen. Stat. § 1-525. Judgment by default and inquiry on failure of defendant to give bond
At any time after a duly verified complaint is filed alleging facts sufficient to entitle plaintiff to the office, whether this complaint is filed...
N.C. Gen. Stat. § 1-526. Service of summons and complaint
The service of the summons and complaint as hereinbefore provided may be made by leaving a copy at the last residence or business office...
N.C. Gen. Stat. § 1-527. Judgment in such actions
In every such case judgment shall be rendered upon the right of the defendant, and also upon the right of the party alleged to...
N.C. Gen. Stat. § 1-528. Mandamus to aid relator
In any civil action brought to try the title or right to hold any office, when the judgment of the court is in favor...
N.C. Gen. Stat. § 1-529. Appeal; bonds of parties
No appeal by the defendant to the appellate division from the judgment of the superior court in such action shall stay the execution of...
N.C. Gen. Stat. § 1-530. Relator inducted into office; duty
If the judgment is rendered in favor of the person alleged to be entitled, he shall be entitled, after taking the oath of office...
N.C. Gen. Stat. § 1-531. Refusal to surrender official papers misdemeanor
If a person against whom a judgment has been rendered in an action brought to recover a public office shall fail or refuse to...
N.C. Gen. Stat. § 1-532. Action to recover property forfeited to State
When any property, real or personal, is forfeited to the State, or to any officer for its use, an action for the recovery of...

Article 42 - Waste.

N.C. Gen. Stat. § 1-533. Remedy and judgment
Wrongs, remediable by the old action of waste, are subjects of action as other wrongs; and the judgment may be for damages, forfeiture of...
N.C. Gen. Stat. § 1-534. For and against whom action lies
In all cases of waste, an action lies in the appropriate trial division of the General Court of Justice at the instance of him...
N.C. Gen. Stat. § 1-535. Tenant in possession liable
Where a tenant for life or years grants his estate to another, and still continues in the possession of the lands, tenements, or hereditaments,...
N.C. Gen. Stat. § 1-536. Action by tenant against cotenant
Where a joint tenant or a tenant in common commits waste, an action lies against him at the instance of his cotenant or joint...
N.C. Gen. Stat. § 1-537. Action by heirs
Every heir may bring action for waste committed on lands, tenements, or hereditaments of his own inheritance, as well in the time of his...
N.C. Gen. Stat. § 1-538. Judgment for treble damages and possession
In all cases of waste, when judgment is against the defendant, the court may give judgment for treble the amount of the damages assessed...

Article 43 - Nuisance and Other Wrongs.

N.C. Gen. Stat. § 1-538.1. Strict liability for damage to person or property by minors
Any person or other legal entity shall be entitled to recover actual damages suffered in an amount not to exceed a total of two...
N.C. Gen. Stat. § 1-538.2. Civil liability for larceny, shoplifting, theft by employee, embezzlement, and obtaining property by false pretense
(a) Any person, other than an unemancipated minor, who commits an act that is punishable under G.S. 14-72, 14-72.1, 14-74, 14-90, or 14-100 is...
N.C. Gen. Stat. § 1-538.3. Negligent supervision of minor
(a) The parent or individual legal guardian who has the care, custody, and control of an unemancipated minor may be held civilly liable to...
N.C. Gen. Stat. § 1-539. Remedy for nuisance
Injuries remediable by the old writ of nuisance are subjects of action as other injuries; and in such action there may be judgment for...
N.C. Gen. Stat. § 1-539.1. Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines
(a) Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and...
N.C. Gen. Stat. § 1-539.2. Dismantling portion of building
When one person owns a portion of a building and another or other persons own the remainder of said building, neither of said owners...
N.C. Gen. Stat. § 1-539.2A. Damages for computer trespass
(a) Any person whose property or person is injured by reason of a violation of G.S. 14-458 may sue for and recover any damages...
N.C. Gen. Stat. § 1-539.2B. Double damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes
(a) Any person who unlawfully and willfully injures or destroys any other person's agricultural commodities or production system is liable to the owner for...
N.C. Gen. Stat. § 1-539.2C. Damages for identity theft
(a) Any person whose property or person is injured by reason of an act made unlawful by Article 19C of Chapter 14 of the...

Article 43A - Adjudication of Small Claims in Superior Court.

N.C. Gen. Stat. § 1-539.3 through 1-539.8. Repealed by Session Laws 1971, c. 268, s. 34

Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers.

N.C. Gen. Stat. § 1-539.9. Defense abolished as to actions arising after September 1, 1967
The common-law defense of charitable immunity is abolished and shall not constitute a valid defense to any action or cause of action arising subsequent...
N.C. Gen. Stat. § 1-539.10. Immunity from civil liability for volunteers
(a) A volunteer who performs services for a charitable organization or a volunteer engaged in providing emergency services is not liable in civil damages...
N.C. Gen. Stat. § 1-539.11. Definitions
As used in this Article: (1) "Charitable Organization" means an organization that has humane and philanthropic objectives, whose activities benefit humanity or a significant...
N.C. Gen. Stat. § 1-539.12. Immunity from civil liability for employers disclosing information
(a) An employer who discloses information about a current or former employee's job history or job performance to a prospective employer of the current...
N.C. Gen. Stat. § 1-539.13. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.14. Reserved for future codification purposes

Article 43C - Actions Pertaining to Local Units of Government.

N.C. Gen. Stat. § 1-539.15. Repealed by Session Laws 1981, c. 777, s. 1
N.C. Gen. Stat. § 1-539.16. Notice of claims against local units of government
No local act, including city charters, shall require a notice to a local unit of government of any claim against it and prohibit suit...
N.C. Gen. Stat. § 1-539.17. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.18. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.19. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.20. Reserved for future codification purposes

Article 43D - Abolition of Parent-Child Immunity in Motor Vehicle Cases.

N.C. Gen. Stat. § 1-539.21. Abolition of parent-child immunity in motor vehicle cases
The relationship of parent and child shall not bar the right of action by a person or his estate against his parent or child...
N.C. Gen. Stat. § 1-539.22. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.23. Reserved for future codification purposes
N.C. Gen. Stat. § 1-539.24. Reserved for future codification purposes

Article 43E - Affirmative Defense Based on Year 2000 Failure.

N.C. Gen. Stat. § 1-539.25. Expired October 1, 2000 (see previous document versions for former law)

Article 44 - Compromise.

N.C. Gen. Stat. § 1-540. By agreement receipt of less sum is discharge
In all claims, or money demands, of whatever kind, and howsoever due, where an agreement is made and accepted for a less amount than...
N.C. Gen. Stat. § 1-540.1. Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice
The compromise settlement or release of a cause of action against a person responsible for a personal injury to another shall not operate as...
N.C. Gen. Stat. § 1-540.2. Settlement of property damage claims arising from motor vehicle collisions or accidents; same not to constitute admission of liability, nor bar party seeking damages for bodily injury or death
In any claim, civil action, or potential civil action which arises out of a motor vehicle collision or accident, settlement of any property damage...
N.C. Gen. Stat. § 1-540.3. Advance payments
(a) In any claim, potential civil action or action in which any person claims to have sustained bodily injuries, advance or partial payment or...
N.C. Gen. Stat. § 1-541 through 1-543. Repealed by Session Laws 1967, c. 954, s. 4

Article 44A - Tender.

N.C. Gen. Stat. § 1-543.1. Service of order of tender; return
In all matters in which it is proper or necessary to make or serve a tender, the clerk of the superior court in the...
N.C. Gen. Stat. § 1-543.2. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.3. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.4. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.5. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.6. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.7. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.8. Reserved for future codification purposes
N.C. Gen. Stat. § 1-543.9. Reserved for future codification purposes

Article 44B - Structured Settlement Protection Act.

N.C. Gen. Stat. § 1-543.10. Title
This Article may be cited as the North Carolina Structured Settlement Protection Act. (1999-367, s. 1.)
N.C. Gen. Stat. § 1-543.11. Definitions
For purposes of this Article: (1) "Annuity issuer" means an insurer that has issued an annuity or insurance contract used to fund periodic payments...
N.C. Gen. Stat. § 1-543.12. Structured settlement payment rights
No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required...
N.C. Gen. Stat. § 1-543.13. Jurisdiction
(a) Where the structured settlement agreement was entered into after commencement of litigation or administrative proceedings in this State, the court or administrative agency...
N.C. Gen. Stat. § 1-543.14. Procedure for approval of transfers
(a) Where the structured settlement agreement was entered into after the commencement of litigation or administrative proceedings in this State, the application for authorization...
N.C. Gen. Stat. § 1-543.15. No waiver; penalties
(a) The provisions of this Article may not be waived. (b) Any payee who has transferred structured settlement payment rights to a transferee without...

Article 45 - Arbitration and Award.

N.C. Gen. Stat. § 1-544 through 1-567. Repealed by Session Laws 1973, c. 676, s. 1

Article 45A - Arbitration and Award.

N.C. Gen. Stat. § 1-567.1 through 1-567.20. Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date
N.C. Gen. Stat. § 1-567.21. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.22. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.23. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.24. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.25. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.26. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.27. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.28. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.29. Reserved for future codification purposes

Article 45B - International Commercial Arbitration and Conciliation.

N.C. Gen. Stat. § 1-567.30. Preamble and short title
It is the policy of the State of North Carolina to promote and facilitate international trade and commerce, and to provide a forum for...
N.C. Gen. Stat. § 1-567.31. Scope of application
(a) This Article applies to international commercial arbitration and conciliation, subject to any applicable international agreement in force between the United States of America...
N.C. Gen. Stat. § 1-567.32. Definitions and rules of interpretation
(a) For the purposes of this Article: (1) "Arbitral award" means any decision of an arbitral tribunal on the substance of a dispute submitted...
N.C. Gen. Stat. § 1-567.33. Receipt of written communications or submissions
(a) Unless otherwise agreed by the parties, any written communication or submission is deemed to have been received if it is delivered to the...
N.C. Gen. Stat. § 1-567.33A. Severability
In the event any provision of this act is held to be invalid, the court's holding as to that provision shall not affect the...
N.C. Gen. Stat. § 1-567.34. Waiver of right to object
A party who knows that any provision of this Article or any requirement under the arbitration agreement has not been complied with and yet...
N.C. Gen. Stat. § 1-567.35. Extent of court intervention
In matters governed by this Article, no court shall intervene except where so provided in this Article or applicable federal law or any applicable...
N.C. Gen. Stat. § 1-567.36. Venue and jurisdiction of courts
(a) The functions referred to in G.S. 1-567.41(c) and (d), 1-567.43(a), 1-567.44(b), 1-567.46(c), and 1-567.57 shall be performed by the superior court in: (1)...
N.C. Gen. Stat. § 1-567.37. Definition and form of arbitration agreement
(a) An "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may...
N.C. Gen. Stat. § 1-567.38. Arbitration agreement and substantive claim before court
(a) When a party to an international commercial arbitration agreement as defined in this Article commences judicial proceedings seeking relief with respect to a...
N.C. Gen. Stat. § 1-567.39. Interim relief and the enforcement of interim measures
(a) In the case of an arbitration where the arbitrator or arbitrators have not been appointed, or where the arbitrator or arbitrators are unavailable,...
N.C. Gen. Stat. § 1-567.40. Number of arbitrators
There shall be one arbitrator unless the parties agree on a greater number of arbitrators. (1991, c. 292.)
N.C. Gen. Stat. § 1-567.41. Appointment of arbitrators
(a) A person of any nationality may be an arbitrator. (b) The parties may agree on a procedure of appointing the arbitral tribunal subject...
N.C. Gen. Stat. § 1-567.42. Grounds for challenge
(a) Except as otherwise provided in this Article, all persons whose names have been submitted for consideration for appointment or designation as arbitrators, or...
N.C. Gen. Stat. § 1-567.43. Challenge procedure
(a) The parties may agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this section. (b) If...
N.C. Gen. Stat. § 1-567.44. Failure or impossibility to act
(a) The mandate of an arbitrator terminates if the arbitrator becomes unable to perform the arbitrator's functions or for other reasons fails to act...
N.C. Gen. Stat. § 1-567.45. Appointment of substitute arbitrator
(a) Where the mandate of an arbitrator terminates for any reason, a substitute arbitrator shall be appointed according to the rules that were applicable...
N.C. Gen. Stat. § 1-567.46. Competence of arbitral tribunal to rule on its jurisdiction
(a) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement....
N.C. Gen. Stat. § 1-567.47. Power of arbitral tribunal to order interim measures
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure...
N.C. Gen. Stat. § 1-567.48. Equal treatment of parties; representation by attorney
(a) The parties shall be treated with equality and each party shall be given a full opportunity to present its case. (b) A party...
N.C. Gen. Stat. § 1-567.49. Determination of rules of procedure
(a) Subject to the provisions of this Article, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting...
N.C. Gen. Stat. § 1-567.50. Place of arbitration
(a) The parties may agree on the place of arbitration. If the parties do not agree, the place of arbitration shall be determined by...
N.C. Gen. Stat. § 1-567.51. Commencement of arbitral proceedings
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request...
N.C. Gen. Stat. § 1-567.52. Language
(a) The parties may agree on the language or languages to be used in the arbitral proceedings. If the parties do not agree, the...
N.C. Gen. Stat. § 1-567.53. Statements of claim and defense
(a) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its...
N.C. Gen. Stat. § 1-567.54. Hearings and written proceedings
(a) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for...
N.C. Gen. Stat. § 1-567.55. Default of a party
Unless otherwise agreed by the parties, where, without showing sufficient cause: (1) The claimant fails to submit a statement of claim in accordance with...
N.C. Gen. Stat. § 1-567.56. Expert appointed by arbitral tribunal
(a) Unless otherwise agreed by the parties, the arbitral tribunal: (1) May appoint one or more experts to report to it on specific issues...
N.C. Gen. Stat. § 1-567.57. Court assistance in obtaining discovery and taking evidence
(a) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in obtaining discovery...
N.C. Gen. Stat. § 1-567.58. Rules applicable to substance of dispute
(a) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to...
N.C. Gen. Stat. § 1-567.59. Decision making by panel of arbitrators
Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by...
N.C. Gen. Stat. § 1-567.60. Settlement
(a) An arbitral tribunal may encourage settlement of the dispute and, with the agreement of the parties, may use mediation, conciliation, or other procedures...
N.C. Gen. Stat. § 1-567.61. Form and contents of award
(a) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one...
N.C. Gen. Stat. § 1-567.62. Termination of proceedings
(a) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (b) of...
N.C. Gen. Stat. § 1-567.63. Correction and interpretation of awards; additional awards
(a) Within 30 days of receipt of the award, unless another period of time has been agreed upon by the parties: (1) A party...
N.C. Gen. Stat. § 1-567.64. Modifying or vacating of awards
Subject to the relevant provisions of federal law or any applicable international agreement in force between the United States of America and any other...
N.C. Gen. Stat. § 1-567.65. Confirmation and enforcement of awards
Subject to the relevant provisions of federal law or any applicable international agreement in force between the United States of America and any other...
N.C. Gen. Stat. § 1-567.66. Applications to superior court
Except as otherwise provided, an application to the superior court under this Article shall be by motion and shall be heard in the manner...
N.C. Gen. Stat. § 1-567.67. Appeals
(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under G.S. 1-567.38; (2) An order granting...
N.C. Gen. Stat. § 1-567.68. Recodified as � 1-567.33A by Session Laws 1997-368, s. 3
N.C. Gen. Stat. § 1-567.69. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.70. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.71. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.72. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.73. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.74. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.75. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.76. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.77. Reserved for future codification purposes
N.C. Gen. Stat. § 1-567.78. Appointment of conciliators
(a) The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the...
N.C. Gen. Stat. § 1-567.79. Representation
The parties may appear in person or be represented or assisted by any person of their choice. (1997-368, s. 7.)
N.C. Gen. Stat. § 1-567.80. Report of conciliators
(a) At any time during the proceedings, a conciliator may prepare a draft conciliation agreement and send copies to the parties, specifying the time...
N.C. Gen. Stat. § 1-567.81. Confidentiality
(a) Evidence of anything said or of an admission made in the course of a conciliation is not admissible, and disclosure of that evidence...
N.C. Gen. Stat. § 1-567.82. Stay of arbitration; resort to other proceedings
(a) The agreement of the parties to submit a dispute to conciliation is considered an agreement between or among those parties to stay all...
N.C. Gen. Stat. § 1-567.83. Termination of conciliation
(a) A conciliation proceeding may be terminated as to all parties by any one of the following means: (1) On the date of the...
N.C. Gen. Stat. § 1-567.84. Enforceability of decree
If the conciliation proceeding settles the dispute and the result of the conciliation is in writing and signed by the conciliators and the parties...
N.C. Gen. Stat. § 1-567.85. Costs
(a) On termination of the conciliation proceeding, the conciliators shall set the costs of the conciliation and give written notice of the costs to...
N.C. Gen. Stat. § 1-567.86. Effect on jurisdiction
Requesting conciliation, consenting to participate in the conciliation proceedings, participating in conciliation proceedings, or entering into a conciliation agreement does not constitute consenting to...
N.C. Gen. Stat. § 1-567.87. Immunity of conciliators and parties
(a) A conciliator, party, or representative of a conciliator or party, while present in this State for the purpose of arranging for or participating...
N.C. Gen. Stat. § 1-568. Repealed by Session Laws 1951, c. 760, s. 2
N.C. Gen. Stat. § 1-568.1 through 1-568.27. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-569. Repealed by Session Laws 1951, c. 760, s. 2

Article 45C - Revised Uniform Arbitration Act.

N.C. Gen. Stat. § 1-569.1. Definitions
The following definitions apply in this Article: (1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates,...
N.C. Gen. Stat. § 1-569.2. Notice
(a) Except as otherwise provided in this Article, a person gives notice to another person by taking action that is reasonably necessary to inform...
N.C. Gen. Stat. § 1-569.3. When Article applies
(a) This Article governs an agreement to arbitrate made on or after January 1, 2004. (b) This Article governs an agreement to arbitrate made...
N.C. Gen. Stat. § 1-569.4. Effect of agreement to arbitrate; nonwaivable provisions
(a) Except as otherwise provided in subsections (b) and (c) of this section, a party to an agreement to arbitrate or to an arbitration...
N.C. Gen. Stat. § 1-569.5. Application for judicial relief
(a) Except as otherwise provided in G.S. 1-569.28, an application for judicial relief under this Article shall be made by motion to the court...
N.C. Gen. Stat. § 1-569.6. Validity of agreement to arbitrate
(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is...
N.C. Gen. Stat. § 1-569.7. Motion to compel or stay arbitration
(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If...
N.C. Gen. Stat. § 1-569.8. Provisional remedies
(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding...
N.C. Gen. Stat. § 1-569.9. Initiation of arbitration
(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the...
N.C. Gen. Stat. § 1-569.10. Consolidation of separate arbitration proceedings
(a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement to arbitrate or to an...
N.C. Gen. Stat. § 1-569.11. Appointment of arbitrator; service as a neutral arbitrator
(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the...
N.C. Gen. Stat. § 1-569.12. Disclosure by arbitrator
(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties...
N.C. Gen. Stat. § 1-569.13. Action by majority
If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of...
N.C. Gen. Stat. § 1-569.14. Immunity of arbitrator; competency to testify; attorneys' fees and costs
(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of...
N.C. Gen. Stat. § 1-569.15. Arbitration process
(a) An arbitrator may conduct an arbitration in the manner the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The...
N.C. Gen. Stat. § 1-569.16. Representation by lawyer
A party to an arbitration proceeding may be represented by an attorney or attorneys. (1927, c. 94, s. 9; 1973, c. 676, s. 1;...
N.C. Gen. Stat. § 1-569.17. Witnesses; subpoenas; depositions; discovery
(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any...
N.C. Gen. Stat. § 1-569.18. Judicial enforcement of preaward ruling by arbitrator
(a) If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to...
N.C. Gen. Stat. § 1-569.19. Award
(a) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated as authorized by federal or State...
N.C. Gen. Stat. § 1-569.20. Change of award by arbitrator
(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a...
N.C. Gen. Stat. § 1-569.21. Remedies; fees and expenses of arbitration proceeding
(a) An arbitrator may award punitive damages or other exemplary relief if: (1) The arbitration agreement provides for an award of punitive damages or...
N.C. Gen. Stat. § 1-569.22. Confirmation of award
After a party to an arbitration receives notice of an award, the party may make a motion to the court for an order confirming...
N.C. Gen. Stat. § 1-569.23. Vacating award
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding...
N.C. Gen. Stat. § 1-569.24. Modification or correction of award
(a) Upon motion made within 90 days after the moving party receives notice of the award pursuant to G.S. 1-569.19 or within 90 days...
N.C. Gen. Stat. § 1-569.25. Judgment on award; attorneys' fees and litigation expenses
(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity...
N.C. Gen. Stat. § 1-569.26. Jurisdiction
(a) A court of this State having jurisdiction over the controversy and the parties to an agreement to arbitrate may enforce the agreement to...
N.C. Gen. Stat. § 1-569.27. Venue
A motion pursuant to G.S. 1-569.5 shall be made in the court of the county in which the agreement to arbitrate specifies the arbitration...
N.C. Gen. Stat. § 1-569.28. Appeals
(a) An appeal may be taken from: (1) An order denying a motion to compel arbitration; (2) An order granting a motion to stay...
N.C. Gen. Stat. § 1-569.29. Uniformity of application and construction
In applying and construing this Article, consideration shall be given to the need to promote uniformity of the law with respect to its subject...
N.C. Gen. Stat. § 1-569.30. Relationship to federal Electronic Signatures in Global and National Commerce Act
The provisions of this Article governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the...
N.C. Gen. Stat. § 1-569.31. Short title
This Article may be cited as the Revised Uniform Arbitration Act. (2003-345, s. 2.)

Article 46 - Examination Before Trial.

N.C. Gen. Stat. § 1-570. Repealed

Article 47 - Motions and Orders.

N.C. Gen. Stat. § 1-577 through 1-584. Repealed by Session Laws 1967, c. 954, s. 4

Article 48 - Notices.

N.C. Gen. Stat. § 1-585 through 1-589. Repealed by Session Laws 1967, c. 954, s. 4
N.C. Gen. Stat. § 1-589.1. Withholding information necessary for service on law-enforcement officer prohibited
When service of subpoena, or any other court process, is sought upon any law-enforcement officer of the State or of any political subdivision thereof...
N.C. Gen. Stat. § 1-590 through 1-592. Repealed by Session Laws 1967, c. 954, s. 4

Article 49 - Time.

N.C. Gen. Stat. § 1-593. How computed
The time within which an act is to be done, as provided by law, shall be computed in the manner prescribed by Rule 6(a)...
N.C. Gen. Stat. § 1-594. Computation in publication
Except as otherwise expressly provided, the time for publication of legal notices shall be computed in the manner prescribed by Rule 6 of the...

Article 50 - General Provisions as to Legal Advertising.

N.C. Gen. Stat. § 1-595. Advertisement of public sales
When a statute or written instrument stipulates that an advertisement of a sale shall be made for any certain number of weeks, a publication...
N.C. Gen. Stat. § 1-596. Charges for legal advertising
The publication of all advertising required by law to be made in newspapers in this State shall be paid for at not to exceed...
N.C. Gen. Stat. § 1-597. Regulations for newspaper publication of legal notices, advertisements, etc
Whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of...
N.C. Gen. Stat. § 1-598. Sworn statement prima facie evidence of qualifications; affidavit of publication
Whenever any owner, partner, publisher, or other authorized officer or employee of any newspaper which has published a notice or any other paper, document...
N.C. Gen. Stat. § 1-599. Application of two preceding sections
The provisions of G.S. 1-597 and G.S. 1-598 shall not apply in counties wherein only one newspaper is published, although it may not be...
N.C. Gen. Stat. § 1-600. Proof of publication of notice in newspaper; prima facie evidence
(a) Publication of any notice permitted or required by law to be published in a newspaper may be proved by a printed copy of...
N.C. Gen. Stat. § 1-601. Certain legal advertisements validated
Legal advertisements published prior to June 1, 1983, by a newspaper that met every requirement for publication of legal notices and advertisements under G.S....
N.C. Gen. Stat. § 1-602. Reserved for future codification purposes
N.C. Gen. Stat. § 1-603. Reserved for future codification purposes
N.C. Gen. Stat. § 1-604. Reserved for future codification purposes

Article 51 - False Claims Act.

N.C. Gen. Stat. § 1-605. Short title; purpose
(a) This Article shall be known and may be cited as the False Claims Act. (b) The purpose of this Article is to deter...
N.C. Gen. Stat. § 1-606. Definitions
The following words and phrases when used in this act have the following meanings, unless the context clearly indicates otherwise: (1) "Attorney General." -...
N.C. Gen. Stat. § 1-607. False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions
(a) Liability. - Any person who commits any of the following acts shall be liable to the State for three times the amount of...
N.C. Gen. Stat. § 1-608. Civil actions for false claims
(a) Responsibilities of the Attorney General. - The Attorney General diligently shall investigate a violation under G.S. 1-607. If the Attorney General finds that...
N.C. Gen. Stat. § 1-609. Rights of the parties to qui tam actions
(a) If the State proceeds with an action under G.S. 1-608(b), it shall have the primary responsibility for prosecuting the action and shall not...
N.C. Gen. Stat. § 1-610. Award to qui tam plaintiff
(a) Except as otherwise provided in this section, if the State proceeds with an action brought by a qui tam plaintiff under G.S. 1-608(b),...
N.C. Gen. Stat. § 1-611. Certain actions barred
(a) No court shall have jurisdiction over an action brought under G.S. 1-608(b) against a member of the General Assembly, a member of the...
N.C. Gen. Stat. § 1-612. State not liable for certain expenses
The State is not liable for expenses that a person incurs in bringing an action under G.S. 1-608(b). (2009-554, s. 1.)
N.C. Gen. Stat. § 1-613. Private action for retaliation action
Any employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions...
N.C. Gen. Stat. § 1-614. Civil investigative demand
(a) A civil investigative demand is an administrative subpoena. Whenever the Attorney General has reason to believe that a person has information or is...
N.C. Gen. Stat. § 1-615. False claims procedure
(a) Statute of Limitations. - A civil action under G.S. 1-608 may not be brought (i) more than six years after the date on...
N.C. Gen. Stat. § 1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history
GS_1-616 1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history. (a) Remedies Under Other Laws. - The...
N.C. Gen. Stat. § 1-617. Reporting
(a) In reporting on the terms and disbursements set forth in any settlement agreement or final order or judgment in a case filed under...
N.C. Gen. Stat. § 1-618. Rules
The Attorney General may adopt rules necessary to carry out the purposes set forth in this Article. (2009-554, s. 1.)
N.C. Gen. Stat. § 1-619. Reserved for future codification purposes
N.C. Gen. Stat. § 1-620. Reserved for future codification purposes
N.C. Gen. Stat. § 1-621. Reserved for future codification purposes
N.C. Gen. Stat. § 1-622. Reserved for future codification purposes
N.C. Gen. Stat. § 1-623. Reserved for future codification purposes
N.C. Gen. Stat. § 1-624. Reserved for future codification purposes
N.C. Gen. Stat. § 1-625. Reserved for future codification purposes
N.C. Gen. Stat. § 1-626. Reserved for future codification purposes
N.C. Gen. Stat. § 1-627. Reserved for future codification purposes
N.C. Gen. Stat. § 1-628. Reserved for future codification purposes
N.C. Gen. Stat. § 1-629. Reserved for future codification purposes

Article 52 - Limited Civil Liability of Domestic Violence Shelters and Persons Associated With the Shelters.

N.C. Gen. Stat. § 1-630. Definitions
As used in this Article, the following terms mean: (1) Client. - A person who is the victim of domestic violence, as defined in...
N.C. Gen. Stat. § 1-631. Immunity of a domestic violence shelter and any person associated with the shelter concerning torts committed on the shelter's premises
(a) Except as provided in subsection (b) of this section, no shelter and no person associated with the shelter is liable in damages in...

Last modified: March 23, 2014