North Carolina General Statutes Chapter 7A Judicial Department
Article 1 - Judicial Power and Organization
- N.C. Gen. Stat. § 7A-1. Short title
This Chapter shall be known and may be cited as the "Judicial Department Act of 1965." (1965, c. 310, s. 1.)
- N.C. Gen. Stat. § 7A-2. Purpose of Chapter
This Chapter is intended to implement Article IV of the Constitution of North Carolina and promote the just and prompt disposition of litigation by:...
- N.C. Gen. Stat. § 7A-3. Judicial power; transition provisions
Except for the judicial power vested in the court for the trial of impeachments, and except for such judicial power as may from time...
- N.C. Gen. Stat. § 7A-4. Composition and organization
The General Court of Justice constitutes a unified judicial system for purposes of jurisdiction, operation and administration, and consists of an appellate division, a...
Article 1A - Reserved
- N.C. Gen. Stat. § 7A-4.1 through 7A-4.19. Reserved for future codification purposes
Article 1B - Age Limits for Service as Justice or Judge.
- N.C. Gen. Stat. § 7A-4.20. Age limit for service as justice or judge: exception
No justice or judge of the General Court of Justice may continue in office beyond the last day of the month in which he...
- N.C. Gen. Stat. § 7A-4.21. Validation of official actions of district court judges of twenty-fifth judicial district performed after mandatory retirement age
No official action performed by any judge of the twenty-fifth judicial district of the district court division of the General Court of Justice shall...
Article 2 - Appellate Division Organization.
- N.C. Gen. Stat. § 7A-5. Organization
The appellate division of the General Court of Justice consists of the Supreme Court and the Court of Appeals. (1965, c. 310, s. 1;...
- N.C. Gen. Stat. § 7A-6. Appellate division reporters; reports
(a) The Supreme Court shall appoint one or more reporters for the appellate division, to serve at its pleasure. It shall be the duty...
- N.C. Gen. Stat. § 7A-7. Law clerks; secretaries and stenographers
(a) Each justice and judge of the appellate division is entitled to the services of not more than two research assistants, who must be...
- N.C. Gen. Stat. § 7A-8. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-9. Reserved for future codification purposes
Article 3 - The Supreme Court.
- N.C. Gen. Stat. § 7A-10. Organization; compensation of justices
(a) The Supreme Court shall consist of a Chief Justice and six associate justices, elected by the qualified voters of the State for terms...
- N.C. Gen. Stat. § 7A-10.1. Authority to prescribe standards of judicial conduct
The Supreme Court is authorized, by rule, to prescribe standards of judicial conduct for the guidance of all justices and judges of the General...
- N.C. Gen. Stat. § 7A-11. Clerk of the Supreme Court; salary; bond; fees; oath
The clerk of the Supreme Court shall be appointed by the Supreme Court to serve at its pleasure. The annual salary of the clerk...
- N.C. Gen. Stat. § 7A-12. Supreme Court marshal
The Supreme Court may appoint a marshal to serve at its pleasure, and to perform such duties as it may assign. The marshal shall...
- N.C. Gen. Stat. § 7A-13. Supreme Court library; functions; librarian; library committee; seal of office
(a) The Supreme Court shall appoint a librarian of the Supreme Court library, to serve at the pleasure of the court. The annual salary...
- N.C. Gen. Stat. § 7A-14. Reprints of Supreme Court Reports
The Supreme Court is authorized to have such of the Reports of the Supreme Court of the State of North Carolina as are not...
- N.C. Gen. Stat. § 7A-15. Reserved for future codification purposes
Article 4 - Court of Appeals.
- N.C. Gen. Stat. § 7A-16. Creation and organization
The Court of Appeals is created effective January 1, 1967. It shall consist initially of six judges, elected by the qualified voters of the...
- N.C. Gen. Stat. § 7A-17. Repealed by Session Laws 1969, c. 1190, s. 57
- N.C. Gen. Stat. § 7A-18. Compensation of judges
(a) The Chief Judge and each associate judge of the Court of Appeals shall receive the annual salary provided in the Current Operations Appropriations...
- N.C. Gen. Stat. § 7A-19. Seats and sessions of court
(a) The Court of Appeals shall sit in Raleigh, and at such other locations within the State as the Supreme Court may designate. (b)...
- N.C. Gen. Stat. § 7A-20. Clerk; oath; bond; salary; assistants; fees
(a) The Court of Appeals shall appoint a clerk to serve at its pleasure. Before entering upon his duties, the clerk shall take the...
- N.C. Gen. Stat. § 7A-21. Marshal; powers; salary
The Court of Appeals may appoint a marshal to serve at its pleasure and to perform such duties as it may assign. The marshal...
- N.C. Gen. Stat. § 7A-22. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-23. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-24. Reserved for future codification purposes
Article 5 - Jurisdiction.
- N.C. Gen. Stat. § 7A-25. Original jurisdiction of the Supreme Court
The Supreme Court has original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature...
- N.C. Gen. Stat. § 7A-26. Appellate jurisdiction of the Supreme Court and the Court of Appeals
The Supreme Court and the Court of Appeals respectively have jurisdiction to review upon appeal decisions of the several courts of the General Court...
- N.C. Gen. Stat. § 7A-27. Appeals of right from the courts of the trial divisions
(a) Appeal lies of right directly to the Supreme Court in all cases in which the defendant is convicted of murder in the first...
- N.C. Gen. Stat. § 7A-28. Decisions of Court of Appeals on post-trial motions for appropriate relief, valuation of exempt property, or courts-martial are final
(a) Decisions of the Court of Appeals upon review of motions for appropriate relief listed in G.S. 15A-1415(b) are final and not subject to...
- N.C. Gen. Stat. § 7A-29. Appeals of right from certain administrative agencies
(a) From any final order or decision of the North Carolina Utilities Commission not governed by subsection (b) of this section, the Department of...
- N.C. Gen. Stat. § 7A-30. Appeals of right from certain decisions of the Court of Appeals
Except as provided in G.S. 7A-28, an appeal lies of right to the Supreme Court from any decision of the Court of Appeals rendered...
- N.C. Gen. Stat. § 7A-31. Discretionary review by the Supreme Court
(a) In any cause in which appeal is taken to the Court of Appeals, except a cause appealed from the North Carolina Industrial Commission,...
- N.C. Gen. Stat. § 7A-31.1. Discretionary Review by the Court of Appeals
(a) In the case of a court-martial in which appeal is taken to the Wake County Superior Court under G.S. 127A-62, the Court of...
- N.C. Gen. Stat. § 7A-32. Power of Supreme Court and Court of Appeals to issue remedial writs
(a) The Supreme Court and the Court of Appeals have jurisdiction, exercisable by any one of the justices or judges of the respective courts,...
- N.C. Gen. Stat. § 7A-33. Supreme Court to prescribe appellate division rules of practice and procedure
The Supreme Court shall prescribe rules of practice and procedure designed to procure the expeditious and inexpensive disposition of all litigation in the appellate...
- N.C. Gen. Stat. § 7A-34. Rules of practice and procedure in trial courts
The Supreme Court is hereby authorized to prescribe rules of practice and procedure for the superior and district courts supplementary to, and not inconsistent...
- N.C. Gen. Stat. § 7A-34.1. Repealed by Session Laws 2011-145, s. 31.23(f), effective July 1, 2011
- N.C. Gen. Stat. § 7A-35. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-36. Repealed by Session Laws 1969, c. 1190, s. 57
- N.C. Gen. Stat. § 7A-37. Repealed by Session Laws 1993, c. 553, s. 1
- N.C. Gen. Stat. § 7A-37.1. Statewide court-ordered, nonbinding arbitration in certain civil actions
(a) The General Assembly finds that court-ordered, nonbinding arbitration may be a more economical, efficient and satisfactory procedure to resolve certain civil actions than...
- N.C. Gen. Stat. § 7A-38. Repealed by Session Laws 1995, c. 500, s. 3
- N.C. Gen. Stat. § 7A-38.1. Mediated settlement conferences in superior court civil actions
(a) Purpose. - The General Assembly finds that a system of court-ordered mediated settlement conferences should be established to facilitate the settlement of superior...
- N.C. Gen. Stat. § 7A-38.2. Regulation of mediators and other neutrals
(a) The Supreme Court may adopt standards of conduct for mediators and other neutrals who are certified or otherwise qualified pursuant to G.S. 7A-38.1,...
- N.C. Gen. Stat. § 7A-38.3. Prelitigation mediation of farm nuisance disputes
(a) Definitions. - As used in this section: (1) "Farm nuisance dispute" means a claim that the farming activity of a farm resident constitutes...
- N.C. Gen. Stat. § 7A-38.3A. Prelitigation mediation of insurance claims
(a) Initiation of Mediation. - Prelitigation mediation of an insurance claim may be initiated by an insurer that has provided the policy limits in...
- N.C. Gen. Stat. § 7A-38.3B. Mediation in matters within the jurisdiction of the clerk of superior court
(a) Purpose. - The General Assembly finds that the clerk of superior court in the General Court of Justice should have the discretion and...
- N.C. Gen. Stat. § 7A-38.3C. Repealed by Session Laws 2007-491, s. 4, effective August 21, 2007
- N.C. Gen. Stat. § 7A-38.3D. Mediation in matters within the jurisdiction of the district criminal courts
(a) Purpose. - The General Assembly finds that it is in the public interest to promote high standards for persons who mediate matters in...
- N.C. Gen. Stat. § 7A-38.3E. Mediation of public records disputes
(a) Voluntary Mediation. - The parties to a public records dispute under Chapter 132 of the General Statutes may agree at any time prior...
- N.C. Gen. Stat. § 7A-38.3F. Prelitigation mediation of condominium and homeowners association disputes
(a) Definitions. - The following definitions apply in this section: (1) Association. - An association of unit or lot owners organized as allowed under...
- N.C. Gen. Stat. § 7A-38.4. Repealed by Session Laws 2001-320, s. 1
- N.C. Gen. Stat. § 7A-38.4A. Settlement procedures in district court actions
(a) The General Assembly finds that a system of settlement events should be established to facilitate the settlement of district court actions involving equitable...
- N.C. Gen. Stat. § 7A-38.5. Community mediation centers
(a) The General Assembly finds that it is in the public interest to encourage the establishment of community mediation centers, also known as dispute...
- N.C. Gen. Stat. § 7A-38.6. Report on community mediation centers
(a) All community mediation centers shall report annually to the Mediation Network of North Carolina on the program's funding and activities, including: (1) Types...
- N.C. Gen. Stat. § 7A-38.7. Dispute resolution fee for cases resolved in mediation
(a) In each criminal case filed in the General Court of Justice that is resolved through referral to a community mediation center, a dispute...
- N.C. Gen. Stat. § 7A-39. Cancellation of court sessions and closing court offices; extension of statutes of limitations and other emergency orders in catastrophic conditions
(a) Cancellation of Court Sessions, Closing Court Offices. - In response to adverse weather or other emergency situations, including catastrophic conditions, any session of...
Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.
- N.C. Gen. Stat. § 7A-39.1. Justice, emergency justice, judge and emergency judge defined
(a) As herein used "justice of the Supreme Court" includes the Chief Justice of the Supreme Court and "judge of the Court of Appeals"...
- N.C. Gen. Stat. § 7A-39.2. Age and service requirements for retirement of justices of the Supreme Court and judges of the Court of Appeals
(a) Any justice of the Supreme Court or judge of the Court of Appeals who has attained the age of 65 years, and who...
- N.C. Gen. Stat. § 7A-39.3. Retired justices and judges may become emergency justices and judges subject to recall to active service; compensation for emergency justices and judges on recall
(a) Justices of the Supreme Court and judges of the Court of Appeals who have not reached the mandatory retirement age specified in G.S....
- N.C. Gen. Stat. § 7A-39.4. Retirement creates vacancy
The retirement of any justice of the Supreme Court or any judge of the Court of Appeals under the provisions of this Article shall...
- N.C. Gen. Stat. § 7A-39.5. Recall of emergency justice or emergency judge upon temporary incapacity of a justice or judge
(a) Upon the request of any justice of the Supreme Court who has been advised in writing by a reputable and competent physician that...
- N.C. Gen. Stat. § 7A-39.6. Application to the Governor; commission as emergency justice or emergency judge
No retired justice of the Supreme Court or retired judge of the Court of Appeals may become an emergency justice or emergency judge except...
- N.C. Gen. Stat. § 7A-39.7. Jurisdiction and authority of emergency justices and emergency judges
An emergency justice or emergency judge shall not have or possess any jurisdiction or authority to hear arguments or participate in the consideration and...
- N.C. Gen. Stat. § 7A-39.8. Court authorized to adopt rules
The Supreme Court shall prescribe rules respecting the filing of opinions prepared by an emergency justice or an emergency judge after his period of...
- N.C. Gen. Stat. § 7A-39.9. Chief Justice and Chief Judge may recall and terminate recall of justices and judges; procedure when Chief Justice or Chief Judge incapacitated
(a) Decisions of the Chief Justice and the Chief Judge regarding recall of emergency justices and emergency judges, when not in conflict with the...
- N.C. Gen. Stat. § 7A-39.10. Article applicable to previously retired justices
All provisions of this Article shall apply to every justice of the Supreme Court who has heretofore retired and is receiving compensation as an...
- N.C. Gen. Stat. § 7A-39.11. Retirement on account of total and permanent disability
Every justice of the Supreme Court or judge of the Court of Appeals who has served for eight years or more on the Supreme...
- N.C. Gen. Stat. § 7A-39.12. Applicability of §§ 7A-39.2 and 7A-39.11
The provisions of G.S. 7A-39.2 and 7A-39.11 shall apply only to justices and judges who entered into office prior to January 1, 1974. The...
- N.C. Gen. Stat. § 7A-39.13. Recall of active and emergency justices and judges who have reached mandatory retirement age
Justices and judges retired because they have reached the mandatory retirement age, and emergency justices and judges whose commissions have expired because they have...
- N.C. Gen. Stat. § 7A-39.14. Recall by Chief Justice of retired or emergency justices or judges for temporary vacancy
(a) In addition to the authority granted to the Chief Justice under G.S. 7A-39.5 to recall emergency justices and under G.S. 7A-39.13 to recall...
- N.C. Gen. Stat. § 7A-39.15. Emergency recall judges of the Court of Appeals
(a) A retired justice or judge of the Appellate Division of the General Court of Justice is eligible to be appointed as an emergency...
Article 7 - Organization.
- N.C. Gen. Stat. § 7A-40. Composition; judicial powers of clerk
The Superior Court Division of the General Court of Justice consists of the several superior courts of the State. The clerk of superior court...
- N.C. Gen. Stat. § 7A-41. Superior court divisions and districts; judges
(a) (Effective until January 1, 2015) The counties of the State are organized into judicial divisions and superior court districts, and each superior court...
- N.C. Gen. Stat. § 7A-41.1. District and set of districts defined; senior resident superior court judges and their authority
(a) In this section and in any other law which refers to this section: (1) "District" means any superior court district established by G.S....
- N.C. Gen. Stat. § 7A-41.2. Nomination and election of regular superior court judges
Candidates for the office of regular superior court judge shall be both nominated and elected by the qualified voters of the superior court district...
- N.C. Gen. Stat. § 7A-42. Sessions of superior court in cities other than county seats
(a) Sessions of the superior court shall be held in each city in the State which is not a county seat and which has...
- N.C. Gen. Stat. § 7A-43. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-43.1 through 7A-43.3. Repealed by Session Laws 1967, c. 1049, s. 6
- N.C. Gen. Stat. § 7A-44. Salary and expenses of superior court judge
(a) A judge of the superior court, regular or special, shall receive the annual salary set forth in the Current Operations Appropriations Act, and...
- N.C. Gen. Stat. § 7A-44.1. Secretarial and clerical help
(a) Each senior resident superior court judge may appoint a judicial secretary to serve at his pleasure and under his direction the secretarial and...
- N.C. Gen. Stat. § 7A-45. Repealed by Session Laws 1987, c. 509, s. 7, effective January 1, 1989
- N.C. Gen. Stat. § 7A-45.1. Special judges
(a) Effective November 1, 1993, the Governor may appoint two special superior court judges to serve terms expiring September 30, 2000. Effective October 1,...
- N.C. Gen. Stat. § 7A-45.2. Emergency special judges of the superior court; qualifications, appointment, removal, and authority
(a) Any justice or judge of the appellate division of the General Court of Justice who: (1) Retires under the provisions of the Consolidated...
- N.C. Gen. Stat. § 7A-45.3. Superior court judges designated for complex business cases
The Chief Justice may exercise the authority under rules of practice prescribed pursuant to G.S. 7A-34 to designate one or more of the special...
- N.C. Gen. Stat. § 7A-45.4. Designation of mandatory complex business cases
(a) A mandatory complex business case is an action that involves a material issue related to: (1) The law governing corporations, except charitable and...
- N.C. Gen. Stat. § 7A-46. Special sessions
Whenever it appears to the Chief Justice of the Supreme Court that there is need for a special session of superior court in any...
- N.C. Gen. Stat. § 7A-47. Powers of regular judges holding courts by assignment or exchange
A regular superior court judge, duly assigned to hold the courts of a county, or holding such courts by exchange, shall have the same...
- N.C. Gen. Stat. § 7A-47.1. Jurisdiction in vacation or in session
In any case in which the superior court in vacation has jurisdiction, and all the parties unite in the proceedings, they may apply for...
- N.C. Gen. Stat. § 7A-47.2. Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1037,s. 8
- N.C. Gen. Stat. § 7A-47.3. Rotation and assignment; sessions
(a) To effect the intent of Article IV, Section 11 of the North Carolina Constitution, each regular resident superior court judge may, upon each...
- N.C. Gen. Stat. § 7A-48. Jurisdiction of emergency judges
Emergency superior court judges have the same power and authority in all matters whatsoever, in the courts which they are assigned to hold, that...
- N.C. Gen. Stat. § 7A-49. Orders returnable to another judge; notice
When any special or emergency judge makes any matter returnable before him, and thereafter he is called upon by the Chief Justice to hold...
- N.C. Gen. Stat. § 7A-49.1. Disposition of motions when judge disqualified
Whenever a judge before whom a motion is made, either in open court or in chambers, disqualifies himself from determining it, he may in...
- N.C. Gen. Stat. § 7A-49.2. Civil business at criminal sessions; criminal business at civil sessions
(a) At criminal sessions of court, motions in civil actions may be heard upon due notice, and trials in civil actions may be heard...
- N.C. Gen. Stat. § 7A-49.3. Repealed by Session Laws 1999-428, s. 2
- N.C. Gen. Stat. § 7A-49.4. Superior court criminal case docketing
(a) Criminal Docketing. - Criminal cases in superior court shall be calendared by the district attorney at administrative settings according to a criminal case...
- N.C. Gen. Stat. § 7A-49.5. Statewide electronic filing in courts
(a) The General Assembly finds that the electronic filing of pleadings and other documents required to be filed with the courts may be a...
Article 8 - Retirement of Judges of the Superior Court; Retirement Compensation for Superior Court Judges; Recall to Emergency Service of Judges of the District and Superior Court; Disability Retirement for Judges of the Superior Court.
- N.C. Gen. Stat. § 7A-50. Emergency judge defined
As used in this Article "emergency judge" means any judge of the superior court who has retired subject to recall to active service for...
- N.C. Gen. Stat. § 7A-51. Age and service requirements for retirement of judges of the superior court and of the Administrative Officer of the Courts
(a) Any judge of the superior court, or Administrative Officer of the Courts, who has attained the age of sixty-five years, and who has...
- N.C. Gen. Stat. § 7A-52. Retired district and superior court judges may become emergency judges subject to recall to active service; compensation for emergency judges on recall
(a) Judges of the district court and judges of the superior court who have not reached the mandatory retirement age specified in G.S. 7A-4.20,...
- N.C. Gen. Stat. § 7A-53. Application to the Governor; commission as emergency judge
No retired judge of the district or superior court may become an emergency judge except upon his written application to the Governor certifying his...
- N.C. Gen. Stat. § 7A-53.1. Jurisdiction of emergency district court judges
Emergency district court judges have the same power and authority in all matters whatsoever, in the courts which they are assigned to hold, that...
- N.C. Gen. Stat. § 7A-54. Article applicable to judges retired under prior law
All judges of the superior court who have heretofore retired and who are receiving retirement compensation under the provisions of any judicial retirement law...
- N.C. Gen. Stat. § 7A-55. Retirement on account of total and permanent disability
Every judge of the superior court or Administrative Officer of the Courts who has served for eight years or more on the superior court,...
- N.C. Gen. Stat. § 7A-56. Applicability of §§ 7A-51 and 7A-55
The provisions of G.S. 7A-51 and 7A-55 shall apply only to judges (and any Administrative Officer of the Courts) who entered office prior to...
- N.C. Gen. Stat. § 7A-57. Recall of active and emergency trial judges who have reached mandatory retirement age
Superior and district court judges retired because they have reached the mandatory retirement age, and emergency superior and district court judges whose commissions have...
- N.C. Gen. Stat. § 7A-58. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-59. Reserved for future codification purposes
Article 9 - District Attorneys and Prosecutorial Districts.
- N.C. Gen. Stat. § 7A-60. District attorneys and prosecutorial districts
(a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for...
- N.C. Gen. Stat. § 7A-61. Duties of district attorney
The district attorney shall prepare the trial dockets, prosecute in a timely manner in the name of the State all criminal actions and infractions...
- N.C. Gen. Stat. § 7A-62. Acting district attorney
When a district attorney becomes for any reason unable to perform his duties, the Governor shall appoint an acting district attorney to serve during...
- N.C. Gen. Stat. § 7A-63. Assistant district attorneys
Each district attorney shall be entitled to the number of full-time assistant district attorneys set out in this Subchapter, to be appointed by the...
- N.C. Gen. Stat. § 7A-64. Temporary assistance for district attorneys
(a) A district attorney may apply to the Director of the Administrative Office of the Courts to: (1) Temporarily assign an assistant district attorney...
- N.C. Gen. Stat. § 7A-65. Compensation and allowances of district attorneys and assistant district attorneys
(a) The annual salary of: (1) District attorneys shall be as provided in the Current Operations Appropriations Act. (2) Full-time assistant district attorneys shall...
- N.C. Gen. Stat. § 7A-66. Removal of district attorneys
The following are grounds for suspension of a district attorney or for his removal from office: (1) Mental or physical incapacity interfering with the...
- N.C. Gen. Stat. § 7A-66.1. Office of solicitor may be denominated as office of district attorney; "solicitor" and "district attorney" made interchangeable; interchangeable use authorized in proceedings, documents, and quotations
(a) The constitutional office of solicitor may be denominated as the office of "district attorney" for all purposes, and the terms "solicitor" and "district...
- N.C. Gen. Stat. § 7A-67. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-68. Administrative assistants
(a) Each district attorney shall be entitled to one administrative assistant to be appointed by the district attorney and to serve at his pleasure....
- N.C. Gen. Stat. § 7A-69. Investigatorial assistants
The district attorney in prosecutorial districts 1, 3B, 4, 5, 7, 8, 11, 12, 13, 14, 15A, 15B, 16A, 18, 19B, 20A, 20B, 21,...
- N.C. Gen. Stat. § 7A-69.1. Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 998, s. 3
Article 10 - Reserved
- N.C. Gen. Stat. § 7A-70 through 7A-94. Reserved for future codification purposes
Article 11 - Special Regulations.
- N.C. Gen. Stat. § 7A-95. Reporting of trials
(a) Court reporting personnel shall be utilized if available, for the reporting of trials in the superior court. If court reporters are not available...
- N.C. Gen. Stat. § 7A-96. Court adjourned by sheriff when judge not present
If the judge of a superior court shall not be present to hold any session of court at the time fixed therefor, he may...
- N.C. Gen. Stat. § 7A-97. Court's control of argument
In all trials in the superior courts there shall be allowed two addresses to the jury for the State or plaintiff and two for...
- N.C. Gen. Stat. § 7A-98. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-99. Reserved for future codification purposes
Article 12 - Clerk of Superior Court.
- N.C. Gen. Stat. § 7A-100. Election; term of office; oath; vacancy; office and office hours; appointment of acting clerk
(a) A clerk of the superior court for each county shall be elected by the qualified voters thereof, to hold office for a term...
- N.C. Gen. Stat. § 7A-101. Compensation
(a) The clerk of superior court is a full-time employee of the State and shall receive an annual salary, payable in equal monthly installments,...
- N.C. Gen. Stat. § 7A-102. Assistant and deputy clerks; appointment; number; salaries; duties
(a) The numbers and salaries of assistant clerks, deputy clerks, and other employees in the office of each clerk of superior court shall be...
- N.C. Gen. Stat. § 7A-102.1. Transfer of sick leave earned as county or municipal employees by certain employees in offices of clerks of superior court
(a) All assistant clerks, deputy clerks and other employees of the clerks of the superior court of this State, secretaries to superior court judges...
- N.C. Gen. Stat. § 7A-103. Authority of clerk of superior court
The clerk of superior court is authorized to: (1) Issue subpoenas to compel the attendance of any witness residing or being in the State,...
- N.C. Gen. Stat. § 7A-104. Disqualification; waiver; removal; when judge acts
(a) The clerk shall not exercise any judicial powers in relation to any estate, proceeding, or civil action: (1) If he has, or claims...
- N.C. Gen. Stat. § 7A-105. Suspension, removal, and reinstatement of clerk
A clerk of superior court may be suspended or removed from office for willful misconduct or mental or physical incapacity, and reinstated, under the...
- N.C. Gen. Stat. § 7A-106. Custody of records and property of office
(a) It is the duty of the clerk of superior court, upon going out of office for any reason, to deliver to his successor,...
- N.C. Gen. Stat. § 7A-107. Bonds of clerks, assistant and deputy clerks, and employees of office
The Administrative Officer of the Courts shall require, or purchase, in such amounts as he deems proper, individual or blanket bonds for any and...
- N.C. Gen. Stat. § 7A-108. Accounting for fees and other receipts; audit
The Administrative Office of the Courts shall establish procedures for the receipt, deposit, protection, investment, and disbursement of all funds coming into the hands...
- N.C. Gen. Stat. § 7A-109. Record-keeping procedures
(a) Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of...
- N.C. Gen. Stat. § 7A-109.1. List of prisoners furnished to judges
(a) The clerk of superior court must furnish to each judge presiding over a criminal court a report listing the name, reason for confinement,...
- N.C. Gen. Stat. § 7A-109.2. (Contingent expiration date - see notes) Records of dispositions in criminal cases
(a) Each clerk of superior court shall ensure that all records of dispositions in criminal cases, including those records filed electronically, contain all the...
- N.C. Gen. Stat. § 7A-109.3. Delivery of commitment order
(a) Whenever the district court sentences a person to imprisonment and commitment to the custody of the Division of Adult Correction of the Department...
- N.C. Gen. Stat. § 7A-109.4. Records of offenses involving impaired driving
The clerk of superior court shall maintain all records relating to an offense involving impaired driving as defined in G.S. 20-4.01(24a) for a minimum...
- N.C. Gen. Stat. § 7A-110. List of attorneys furnished to Secretary of Revenue
On or before the first of May each year the clerk of superior court shall certify to the Secretary of Revenue the names and...
- N.C. Gen. Stat. § 7A-111. Receipt and disbursement of insurance and other moneys for minors and incapacitated adults
(a) When a minor under 18 years of age is named beneficiary in a policy or policies of insurance, and the insured dies prior...
- N.C. Gen. Stat. § 7A-112. Investment of funds in clerk's hands
(a) The clerk of the superior court may in his discretion invest moneys secured by virtue or color of the clerk's office or as...
- N.C. Gen. Stat. § 7A-112.1. Deposit of money held by clerks
The clerk of superior court shall deposit any funds that he receives by virtue of his office, except funds invested pursuant to G.S. 7A-112,...
- N.C. Gen. Stat. § 7A-113. Bookkeeping and accounting systems equipment
Notwithstanding the provisions of G.S. 147-64.6(10), proposed changes in the kinds of bookkeeping and accounting systems equipment employed by the clerk of superior court...
- N.C. Gen. Stat. § 7A-114. Where practical, provision of secure area for domestic violence victims waiting for hearing
Where practical, upon request of a domestic violence victim, the clerk of Superior Court of any county shall coordinate with the county Sheriff to...
- N.C. Gen. Stat. § 7A-115 through 7A-129. Reserved for future codification purposes
Article 13 - Creation and Organization of the District Court Division.
- N.C. Gen. Stat. § 7A-130. Creation of district court division and district court districts; seats of court
The district court division of the General Court of Justice is hereby created. It consists of various district courts organized in territorial districts. The...
- N.C. Gen. Stat. § 7A-131. Establishment of district courts
District courts are established, within districts, in accordance with the following schedule: (1) On the first Monday in December, 1966, the first, the twelfth,...
- N.C. Gen. Stat. § 7A-132. Judges, district attorneys, full-time assistant district attorneys and magistrates for district court districts
Each district court district shall have one or more judges and one district attorney. Each county within each district shall have at least one...
- N.C. Gen. Stat. § 7A-133. Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties
(a) (Effective until January 1, 2015) Each district court district shall have the numbers of judges as set forth in the following table: District...
- N.C. Gen. Stat. § 7A-134. Repealed by Session Laws 1973, c. 1339, s. 2
- N.C. Gen. Stat. § 7A-135. Transfer of pending cases when present inferior courts replaced by district courts
On the date that the district court is established in any county, cases pending in the inferior court or courts of that county shall...
- N.C. Gen. Stat. § 7A-136. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-137. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-138. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-139. Reserved for future codification purposes
Article 14 - District Judges.
- N.C. Gen. Stat. § 7A-140. Number; election; term; qualification; oath
There shall be at least one district judge for each district. Each district judge shall be elected by the qualified voters of the district...
- N.C. Gen. Stat. § 7A-141. Designation of chief judge; assignment of judge to another district for temporary or specialized duty
When more than one judge is authorized in a district, the Chief Justice of the Supreme Court shall designate one of the judges as...
- N.C. Gen. Stat. § 7A-142. Vacancies in office
A vacancy in the office of district judge shall be filled for the unexpired term by appointment of the Governor. The bar of the...
- N.C. Gen. Stat. § 7A-143. Repealed by Session Laws 1973, c. 148, s. 6
- N.C. Gen. Stat. § 7A-144. Compensation
(a) Each judge shall receive the annual salary provided in the Current Operations Appropriations Act, and reimbursement on the same basis as State employees...
- N.C. Gen. Stat. § 7A-145. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-146. Administrative authority and duties of chief district judge
The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the...
- N.C. Gen. Stat. § 7A-147. Specialized judgeships
(a) Prior to January 1 of each year in which elections for district court judges are to be held, the Administrative Officer of the...
- N.C. Gen. Stat. § 7A-148. Annual conference of chief district judges
(a) The chief district judges of the various district court districts shall meet at least once a year upon call of the Chief Justice...
- N.C. Gen. Stat. § 7A-149. Jurisdiction; sessions
(a) Notwithstanding any other provision of law, a district court judge of a district court district which is in a set of districts as...
- N.C. Gen. Stat. § 7A-150 through 7A-159. Reserved for future codification purposes
Article 15 - District Prosecutors.
- N.C. Gen. Stat. § 7A-160 through 7A-165. Repealed by Session Laws 1967, c. 1049, s. 6
- N.C. Gen. Stat. § 7A-166. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-167. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-168. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-169. Reserved for future codification purposes
Article 16 - Magistrates.
- N.C. Gen. Stat. § 7A-170. (Effective until January 1, 2015) Nature of office and oath
(a) A magistrate is an officer of the district court. Before entering upon the duties of his office, a magistrate shall take the oath...
- N.C. Gen. Stat. § 7A-171. Numbers; appointment and terms; vacancies
(a) The General Assembly shall establish a minimum quota of magistrates for each county. In no county shall the minimum quota be less than...
- N.C. Gen. Stat. § 7A-171.1. Duty hours, salary, and travel expenses within county
(a) The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual...
- N.C. Gen. Stat. § 7A-171.2. Qualifications for nomination or renomination
(a) In order to be eligible for nomination or for renomination as a magistrate an individual shall be a resident of the county for...
- N.C. Gen. Stat. § 7A-172. Repealed by Session Laws 1977, c. 945, s. 5
- N.C. Gen. Stat. § 7A-173. Suspension; removal; reinstatement
(a) A magistrate may be suspended from performing the duties of his office by the chief district judge of the district court district in...
- N.C. Gen. Stat. § 7A-174. Bonds
Prior to taking office, magistrates shall be bonded, individually or collectively, in such amount or amounts as the Administrative Officer of the Courts shall...
- N.C. Gen. Stat. § 7A-175. Records to be kept
A magistrate shall keep such dockets, accounts, and other records, under the general supervision of the clerk of superior court, as may be prescribed...
- N.C. Gen. Stat. § 7A-176. Office of justice of the peace abolished
The office of justice of the peace is abolished in each county upon the establishment of a district court therein. (1965, c. 310, s.
- N.C. Gen. Stat. § 7A-177. Training course in duties of magistrate
(a) Within six months of taking the oath of office as a magistrate for the first time, a magistrate is required to attend and...
- N.C. Gen. Stat. § 7A-178. Magistrate as child support hearing officer
A magistrate who meets the qualifications of G.S. 50-39 and is properly designated pursuant to G.S. Chapter 50, Article 2, to serve as a...
- N.C. Gen. Stat. § 7A-179. Reserved for future codification purposes
Article 17 - Clerical Functions in the District Court.
- N.C. Gen. Stat. § 7A-180. Functions of clerk of superior court in district court matters
The clerk of superior court: (1) Has and exercises all of the judicial powers and duties in respect of actions and proceedings pending from...
- N.C. Gen. Stat. § 7A-181. Functions of assistant and deputy clerks of superior court in district court matters
Assistant and deputy clerks of superior court: (1) Have the same powers and duties with respect to matters in the district court division as...
- N.C. Gen. Stat. § 7A-182. Clerical functions at additional seats of court
(a) In any county in which the General Assembly has authorized the district court to hold sessions at a place or places in addition...
- N.C. Gen. Stat. § 7A-183. Clerk or assistant clerk as child support hearing officer
A clerk or assistant clerk of superior court who meets the qualifications of G.S. 50-39 and is properly designated pursuant to G.S. Chapter 50,...
- N.C. Gen. Stat. § 7A-184 through 7A-189. Reserved for future codification purposes
Article 18 - District Court Practice and Procedure Generally.
- N.C. Gen. Stat. § 7A-190. District courts always open
The district courts shall be deemed always open for the disposition of matters properly cognizable by them. But all trials on the merits shall...
- N.C. Gen. Stat. § 7A-191. Trials; hearings and orders in chambers
All trials on the merits and all hearings on infractions conducted pursuant to Article 66 of Chapter 15A shall be conducted in open court...
- N.C. Gen. Stat. § 7A-191.1. Recording of proceeding in which defendant pleads guilty or no contest to felony in district court
The trial judge shall require that a true, complete, and accurate record be made of the proceeding in which a defendant pleads guilty or...
- N.C. Gen. Stat. § 7A-192. By whom power of district court to enter interlocutory orders exercised
Any district judge may hear motions and enter interlocutory orders in causes regularly calendared for trial or for the disposition of motions, at any...
- N.C. Gen. Stat. § 7A-193. Civil procedure generally
Except as otherwise provided in this Chapter, the civil procedure provided in Chapters 1 and 1A of the General Statutes applies in the district...
- N.C. Gen. Stat. § 7A-194. Repealed by Session Laws 1977, c. 711, s. 33
- N.C. Gen. Stat. § 7A-195. Repealed by Session Laws 1969, c. 911, s. 5
- N.C. Gen. Stat. § 7A-196. Jury trials
(a) In civil cases in the district court there shall be a right to trial by a jury of 12 in conformity with Rules...
- N.C. Gen. Stat. § 7A-197. Petit jurors
Unless otherwise provided in this Chapter, the provisions of Chapter 9 of the General Statutes with respect to petit jurors for the trial of...
- N.C. Gen. Stat. § 7A-198. Reporting of civil trials
(a) Court-reporting personnel shall be utilized, if available, for the reporting of civil trials in the district court. If court reporters are not available...
- N.C. Gen. Stat. § 7A-199. Special venue rule when district court sits without jury in seat of court lying in more than one county; where judgments recorded
(a) In any nonjury civil action or juvenile matter properly pending in the district court division, regularly assigned for a hearing or trial before...
- N.C. Gen. Stat. § 7A-200. District and set of districts defined; chief district court judges and their authority
(a) In this section: (1) "District" means any district court district established by G.S. 7A-133 which consists exclusively of one or more entire counties;...
- N.C. Gen. Stat. § 7A-201 through 7A-209. Reserved for future codification purposes
Article 19 - Small Claim Actions in District Court.
- N.C. Gen. Stat. § 7A-210. Small claim action defined
For purposes of this Article a small claim action is a civil action wherein: (1) The amount in controversy, computed in accordance with G.S....
- N.C. Gen. Stat. § 7A-211. Small claim actions assignable to magistrates
In the interest of speedy and convenient determination, the chief district judge may, in his discretion, by specific order or general rule, assign to...
- N.C. Gen. Stat. § 7A-211.1. Actions to enforce motor vehicle mechanic and storage liens
Notwithstanding the provisions of G.S. 7A-210(2) and 7A-211, the chief district judge may in his discretion, by specific order or general rule, assign to...
- N.C. Gen. Stat. § 7A-212. Judgment of magistrate in civil action improperly assigned or not assigned
No judgment of the district court rendered by a magistrate in a civil action assigned to him by the chief district judge is void,...
- N.C. Gen. Stat. § 7A-213. Procedure for commencement of action; request for and notice of assignment
The plaintiff files his complaint in a small claim action in the office of the clerk of superior court of the county wherein the...
- N.C. Gen. Stat. § 7A-214. Time within which trial is set
The time for trial of a small claim action is set not later than 30 days after the action is commenced. Except in an...
- N.C. Gen. Stat. § 7A-215. Procedure upon nonassignment of small claim action
Failure of the chief district judge to assign a claim within five days after filing of a complaint requesting its assignment constitutes nonassignment. The...
- N.C. Gen. Stat. § 7A-216. Form of complaint
The complaint in a small claim action shall be in writing, signed by the party or his attorney, except the complaint in an action...
- N.C. Gen. Stat. § 7A-217. Methods of subjecting person of defendant to jurisdiction
When by order or rule a small claim action is assigned to a magistrate, the court may obtain jurisdiction over the person of the...
- N.C. Gen. Stat. § 7A-218. Answer of defendant
At any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of...
- N.C. Gen. Stat. § 7A-219. Certain counterclaims; cross claims; third-party claims not permissible
No counterclaim, cross claim or third-party claim which would make the amount in controversy exceed the jurisdictional amount established by G.S. 7A-210(1) is permissible...
- N.C. Gen. Stat. § 7A-220. No required pleadings other than complaint
There are no required pleadings in assigned small claim actions other than the complaint. Answers and counterclaims may be filed by the defendant in...
- N.C. Gen. Stat. § 7A-221. Objections to venue and jurisdiction over person
By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of...
- N.C. Gen. Stat. § 7A-222. General trial practice and procedure
(a) Trial of a small claim action before a magistrate is without a jury. The rules of evidence applicable in the trial of civil...
- N.C. Gen. Stat. § 7A-223. Practice and procedure in small claim actions for summary ejectment
(a) In any small claim action demanding summary ejectment or past due rent, or both, the complaint may be signed by an agent acting...
- N.C. Gen. Stat. § 7A-224. Rendition and entry of judgment
Judgment in a small claim action is rendered in writing and signed by the magistrate. The judgment so rendered is a judgment of the...
- N.C. Gen. Stat. § 7A-225. Lien and execution of judgment
From the time of docketing, the judgment rendered by a magistrate in a small claim action constitutes a lien and is subject to execution...
- N.C. Gen. Stat. § 7A-226. Priority of judgment when appeal taken
When appeal is taken from a judgment in a small claim action, the lien acquired by docketing merges into any judgment rendered after trial...
- N.C. Gen. Stat. § 7A-227. Stay of execution on appeal
Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed...
- N.C. Gen. Stat. § 7A-228. New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal
(a) The chief district court judge may authorize magistrates to hear motions to set aside an order or judgment pursuant to G.S. 1A-1, Rule...
- N.C. Gen. Stat. § 7A-229. Trial de novo on appeal
Upon appeal noted, the clerk of superior court places the action upon the civil issue docket of the district court division. The district judge...
- N.C. Gen. Stat. § 7A-230. Jury trial on appeal
The appellant in his written notice of appeal may demand a jury on the trial de novo. Within 10 days after receipt of the...
- N.C. Gen. Stat. § 7A-231. Provisional and incidental remedies
The provisional and incidental remedies of claim and delivery, subpoena duces tecum, production of documents and orders for the relinquishment of property subject to...
- N.C. Gen. Stat. § 7A-232. Forms
The following forms are sufficient for the purposes indicated under this article. Substantial conformity is sufficient. FORM 1. MAGISTRATE SUMMONS NORTH CAROLINA General Court...
- N.C. Gen. Stat. § 7A-233 through 7A-239. Reserved for future codification purposes
Article 20 - Original Civil Jurisdiction of the Trial Divisions.
- N.C. Gen. Stat. § 7A-240. Original civil jurisdiction generally
Except for the original jurisdiction in respect of claims against the State which is vested in the Supreme Court, original general jurisdiction of all...
- N.C. Gen. Stat. § 7A-241. Original jurisdiction in probate and administration of decedents' estates
Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division, and is exercised...
- N.C. Gen. Stat. § 7A-242. Concurrently held original jurisdiction allocated between trial divisions
For the efficient administration of justice in respect of civil matters as to which the trial divisions have concurrent original jurisdiction, the respective divisions...
- N.C. Gen. Stat. § 7A-243. Proper division for trial of civil actions generally determined by amount in controversy
Except as otherwise provided in this Article, the district court division is the proper division for the trial of all civil actions in which...
- N.C. Gen. Stat. § 7A-244. Domestic relations
The district court division is the proper division without regard to the amount in controversy, for the trial of civil actions and proceedings for...
- N.C. Gen. Stat. § 7A-245. Injunctive and declaratory relief to enforce or invalidate statutes; constitutional rights
(a) The superior court division is the proper division without regard to the amount in controversy, for the trial of civil actions where the...
- N.C. Gen. Stat. § 7A-246. Special proceedings; exceptions; guardianship and trust administration
The superior court division is the proper division, without regard to the amount in controversy, for the hearing and trial of all special proceedings...
- N.C. Gen. Stat. § 7A-247. Quo warranto
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all civil actions seeking as...
- N.C. Gen. Stat. § 7A-248. Condemnation actions and proceedings
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all actions and proceedings wherein...
- N.C. Gen. Stat. § 7A-249. Corporate receiverships
The superior court division is the proper division, without regard to the amount in controversy, for actions for corporate receiverships under Chapter 1, Article...
- N.C. Gen. Stat. § 7A-250. Review of decisions of administrative agencies
(a) Except as otherwise provided in subsections (b) and (c) of this section, the superior court division is the proper division, without regard to...
- N.C. Gen. Stat. § 7A-251. Appeal from clerk to judge
(a) In all matters properly cognizable in the superior court division which are heard originally before the clerk of superior court, appeals lie to...
- N.C. Gen. Stat. § 7A-252. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-253. Infractions
Except as provided in G.S. 7A-271(d), original, exclusive jurisdiction for the adjudication and disposition of infractions lies in the district court division. (1985, c....
- N.C. Gen. Stat. § 7A-254. Reserved for future codification purposes
Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions.
- N.C. Gen. Stat. § 7A-255. Clerk of superior court processes all actions and proceedings
All civil actions and proceedings in the General Court of Justice are instituted in, and the original records thereof are maintained in, the office...
- N.C. Gen. Stat. § 7A-256. Causes docketed and retained in originally designated trial division until transferred
Upon the institution of any action or proceeding in the General Court of Justice the party instituting it designates upon the face of the...
- N.C. Gen. Stat. § 7A-257. Waiver of proper division
Any party may move for transfer between the trial divisions as provided in this Article. Failure of a party to move for transfer within...
- N.C. Gen. Stat. § 7A-258. Motion to transfer
(a) Any party, including the plaintiff, may move on notice to all parties to transfer the civil action or special proceeding to the proper...
- N.C. Gen. Stat. § 7A-259. Transfer on judge's own motion
(a) If no party has moved for transfer within the time allowed to parties, any superior court judge who may hear and determine motions...
- N.C. Gen. Stat. § 7A-260. Review of transfer matters
Orders transferring or refusing to transfer are not immediately appealable, even for abuse of discretion. Such orders are reviewable only by the appellate division...
- N.C. Gen. Stat. § 7A-261. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-262 through 7A-269. Reserved for future codification purposes
Article 22 - Jurisdiction of the Trial Divisions in Criminal Actions.
- N.C. Gen. Stat. § 7A-270. Generally
General jurisdiction for the trial of criminal actions is vested in the superior court and the district court divisions of the General Court of...
- N.C. Gen. Stat. § 7A-271. Jurisdiction of superior court
(a) The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that...
- N.C. Gen. Stat. § 7A-272. Jurisdiction of district court; concurrent jurisdiction in guilty or no contest pleas for certain felony offenses; appellate and appropriate relief procedures applicable
(a) Except as provided in this Article, the district court has exclusive, original jurisdiction for the trial of criminal actions, including municipal ordinance violations,...
- N.C. Gen. Stat. § 7A-273. Powers of magistrates in infractions or criminal actions
In criminal actions or infractions, any magistrate has power: (1) In infraction cases in which the maximum penalty that can be imposed is not...
- N.C. Gen. Stat. § 7A-274. Power of mayors, law-enforcement officers, etc., to issue warrants and set bail restricted
The power of mayors, law-enforcement officers, and other persons not officers of the General Court of Justice to issue arrest, search, or peace warrants,...
- N.C. Gen. Stat. § 7A-275. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-276. Reserved for future codification purposes
Article 22A - Prohibited Orders.
- N.C. Gen. Stat. § 7A-276.1. Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned
No court shall make or issue any rule or order banning, prohibiting, or restricting the publication or broadcast of any report concerning any of...
Article 23 - Jurisdiction and Procedure Applicable to Children.
- N.C. Gen. Stat. § 7A-277 through 7A-289. Repealed by Session Laws 1979, c. 815, s. 1
Article 24 - Juvenile Services.
- N.C. Gen. Stat. § 7A-289.1 through 7A-289.6. Repealed by Session Laws 1998-202, s. 1(a)
- N.C. Gen. Stat. § 7A-289.7. Repealed by Session Laws 1979, c. 815, s. 1
- N.C. Gen. Stat. § 7A-289.8 through 7A-289.12. Reserved for future codification purposes
Article 24A - Delinquency Prevention and Youth Services.
- N.C. Gen. Stat. § 7A-289.13 through 7A-289.16. Repealed by Session Laws 1998-202, s. 1(a)
- N.C. Gen. Stat. § 7A-289.17 through 7A-289.21. Reserved for future codification purposes
Article 24B - Termination of Parental Rights.
- N.C. Gen. Stat. § 7A-289.22 through 7A-289.23. Repealed by Session Laws 1998-202, s. 5
- N.C. Gen. Stat. § 7A-289.23A. Recodified as § 7B-1102
- N.C. Gen. Stat. § 7A-289.24 through 7A-289.35. Repealed by Session Laws 1998-202, s. 5
Article 25 - Jurisdiction and Procedure in Criminal Appeals from District Courts.
- N.C. Gen. Stat. § 7A-290. Appeals from district court in criminal cases; notice; appeal bond
Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge....
Article 26 - Additional Powers of District Court Judges and Magistrates.
- N.C. Gen. Stat. § 7A-291. Additional powers of district court judges
In addition to the jurisdiction and powers assigned in this Chapter, a district court judge has the following powers: (1) To administer oaths; (2)...
- N.C. Gen. Stat. § 7A-292. Additional powers of magistrates
In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil and criminal actions, each magistrate has the following...
- N.C. Gen. Stat. § 7A-293. Special authority of a magistrate assigned to a municipality located in more than one county of a district court district
A magistrate assigned to an incorporated municipality, the boundaries of which lie in more than one county of a district court district, may, in...
- N.C. Gen. Stat. § 7A-294 through 7A-299. Reserved for future codification purposes
Article 27 - Expenses of the Judicial Department.
- N.C. Gen. Stat. § 7A-300. Expenses paid from State funds
(a) The operating expenses of the Judicial Department shall be paid from State funds, out of appropriations for this purpose made by the General...
- N.C. Gen. Stat. § 7A-300.1. Local supplementation of salaries for certain officers and employees
(a) In order to attract and retain the best qualified officers and employees for positions in the Judicial Branch of government, the Administrative Office...
- N.C. Gen. Stat. § 7A-301. Disbursement of expenses
The salaries and expenses of all personnel in the Judicial Department and other operating expenses shall be paid out of the State treasury upon...
- N.C. Gen. Stat. § 7A-302. Counties and municipalities responsible for physical facilities
In each county in which a district court has been established, courtrooms, office space for juvenile court counselors and support staff as assigned by...
- N.C. Gen. Stat. § 7A-303. Equipment and supplies in clerk's office
Upon the establishment of the district court in any county, supplies and all equipment in the office of the clerk of superior court shall...
Article 28 - Uniform Costs and Fees in the Trial Divisions.
- N.C. Gen. Stat. § 7A-304. Costs in criminal actions
(a) In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo...
- N.C. Gen. Stat. § 7A-305. Costs in civil actions
(a) In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, shall be...
- N.C. Gen. Stat. § 7A-305.1. Discovery, fee on filing verified petition
When discovery procedures under Rule 27 of the Rules of Civil Procedure are utilized, the sum of twenty dollars ($20.00) shall be assessed and...
- N.C. Gen. Stat. § 7A-306. Costs in special proceedings
(a) In every special proceeding in the superior court, the following costs shall be assessed: (1) For the use of the courtroom and related...
- N.C. Gen. Stat. § 7A-307. Costs in administration of estates
(a) In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney,...
- N.C. Gen. Stat. § 7A-308. Miscellaneous fees and commissions
(a) The following miscellaneous fees and commissions shall be collected by the clerk of superior court and remitted to the State for the support...
- N.C. Gen. Stat. § 7A-308.1. Fees on deposits and investments
On all funds received by the clerk by virtue or color of his office and deposited pursuant to G.S. 7A-112.1 or invested pursuant to...
- N.C. Gen. Stat. § 7A-309. Magistrate's special fees
The following special fees shall be collected by the magistrate and remitted to the clerk of superior court for the use of the State...
- N.C. Gen. Stat. § 7A-310. Fees of commissioners and assessors appointed by magistrate
Any person appointed by a magistrate as a commissioner or assessor, and who shall serve, shall be paid the sum of two dollars ($2.00),...
- N.C. Gen. Stat. § 7A-311. Uniform civil process fees
(a) In a civil action or special proceeding, except for actions brought under Chapter 50B of the General Statutes, the following fees and commissions...
- N.C. Gen. Stat. § 7A-312. Uniform fees for jurors; meals
(a) A juror in the General Court of Justice including a petit juror, or a coroner's juror, but excluding a grand juror, shall receive...
- N.C. Gen. Stat. § 7A-313. Uniform jail fees
Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of...
- N.C. Gen. Stat. § 7A-313.1. Fee for costs of electronic monitoring
A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release...
- N.C. Gen. Stat. § 7A-314. Uniform fees for witnesses; experts; limit on number
(a) A witness under subpoena, bound over, or recognized, other than a salaried State, county, or municipal law-enforcement officer, or an out-of-state witness in...
- N.C. Gen. Stat. § 7A-314.1. Family court fees
(a) The Administrative Office of the Courts may charge a uniform fee of not more than fifty dollars ($50.00) per hour to persons receiving...
- N.C. Gen. Stat. § 7A-315. Liability of State for witness fees in criminal cases when defendant not liable
In a criminal action, if no prosecuting witness is designated by the court as liable for the costs, and the defendant is acquitted, or...
- N.C. Gen. Stat. § 7A-316. Payment of witness fees in criminal actions
A witness in a criminal action who is entitled to a witness fee and who proves his attendance prior to assessment of the bill...
- N.C. Gen. Stat. § 7A-317. Counties and municipalities required to advance costs and fees
(a) Counties and municipalities required to advance pay all costs and fees due to the court at the time of filing. The clerk of...
- N.C. Gen. Stat. § 7A-317.1. Disposition of fees in counties with unincorporated seats of court
Notwithstanding any other provision of this Article, if a municipality listed in G.S. 7A-133 as an additional seat of district court is not incorporated,...
- N.C. Gen. Stat. § 7A-318. Determination and disbursement of costs on and after date district court established
(a) On and after the date that the district court is established in a judicial district, costs in every action, proceeding or other matter...
- N.C. Gen. Stat. § 7A-319. Repealed by Session Laws 1971, c. 377, s. 32
- N.C. Gen. Stat. § 7A-320. Costs are exclusive
The costs set forth in this Article are complete and exclusive, and in lieu of any other costs and fees. (1983, c. 713, s.
- N.C. Gen. Stat. § 7A-321. Collection of offender fines and fees assessed by the court; collection assistance fee
(a) The Judicial Department may, in lieu of payment by cash or check, accept payment by credit card, charge card, or debit card for...
- N.C. Gen. Stat. § 7A-322 through 7A-339. Reserved for future codification purposes
Article 29 - Administrative Office of the Courts.
- N.C. Gen. Stat. § 7A-340. Administrative Office of the Courts; establishment; officers
There is hereby established a State office to be known as the Administrative Office of the Courts. It shall be supervised by a Director,...
- N.C. Gen. Stat. § 7A-341. Appointment and compensation of Director
The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at his pleasure. He shall receive the annual salary...
- N.C. Gen. Stat. § 7A-342. Appointment and compensation of assistant director and other employees
The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure. The assistant director shall receive the annual salary...
- N.C. Gen. Stat. § 7A-343. Duties of Director
The Director is the Administrative Officer of the Courts, and the Director's duties include all of the following: (1) Collect and compile statistical data...
- N.C. Gen. Stat. § 7A-343.1. Distribution of copies of the appellate division reports
The Administrative Officer of the Courts shall, at the State's expense distribute such number of copies of the appellate division reports to federal, State...
- N.C. Gen. Stat. § 7A-343.2. Court Information Technology Fund
(a) Fund. - The Court Information Technology Fund is established within the Judicial Department as a special revenue fund. Interest and other investment income...
- N.C. Gen. Stat. § 7A-343.3. Appellate Courts Printing and Computer Operations Fund
The Appellate Courts Printing and Computer Operations Fund is established within the Judicial Department as a nonreverting, interest-bearing special revenue account. Accordingly, interest and...
- N.C. Gen. Stat. § 7A-343.4. Internal audit standards; report and work papers
(a) Internal audits shall comply with current Standards for the Professional Practice of Internal Auditing issued by the Institute for Internal Auditors and, when...
- N.C. Gen. Stat. § 7A-343.5. Definitions
The following definitions apply in this Article: (1) "Accounting system" means the total structure of records and procedures which discover, record, classify, and report...
- N.C. Gen. Stat. § 7A-344. Repealed by Session Laws 2000-144, s. 4
- N.C. Gen. Stat. § 7A-345. Duties of assistant director
The assistant director is the administrative assistant to the Chief Justice, and his duties include the following: (1) Assist the Chief Justice in performing...
- N.C. Gen. Stat. § 7A-346. Information to be furnished to Administrative Officer
All judges, district attorneys, public defenders, magistrates, clerks of superior court and other officers or employees of the courts and of offices directly related...
- N.C. Gen. Stat. § 7A-346.1. Repealed by Session Laws 2000-67, s. 15(b)
- N.C. Gen. Stat. § 7A-346.2. Various reports to General Assembly
(a) The Administrative Office of the Courts and the Office of Indigent Defense Services shall report by March 1 of each year to the...
- N.C. Gen. Stat. § 7A-346.3. (Contingent effective date - see editor's note) Impaired driving integrated data system report
The information compiled by G.S. 7A-109.2 shall be maintained in an Administrative Office of the Courts database. By March 1, the Administrative Office of...
- N.C. Gen. Stat. § 7A-347. Assistants for administrative and victim and witness services
Assistant for administrative and victim and witness services positions are established under the district attorneys' offices. Each prosecutorial district is allocated at least one...
- N.C. Gen. Stat. § 7A-348. Training and supervision of assistants for administrative and victim and witness services
Pursuant to the provisions of G.S. 7A-413, the Conference of District Attorneys shall: (1) Assist in establishing uniform statewide training for assistants for administrative...
- N.C. Gen. Stat. § 7A-349. Criminal history record check; denial of employment, contract, or volunteer opportunity
The Judicial Department may deny employment, a contract, or a volunteer opportunity to any person who refuses to consent to a criminal history check...
- N.C. Gen. Stat. § 7A-350 through 7A-354. Reserved for future codification purposes
Article 29A - Trial Court Administrators.
- N.C. Gen. Stat. § 7A-355. Trial court administrators
The following districts or sets of districts as defined in G.S. 7A-41.1(a) shall have trial court administrators: Set of districts 10A, 10B, 10C, 10D;...
- N.C. Gen. Stat. § 7A-356. Duties
The duties of each trial court administrator shall be to assist in managing civil dockets, to improve jury utilization and to perform such duties...
- N.C. Gen. Stat. § 7A-357 through 7A-374. Reserved for future codification purposes
Article 30 - Judicial Standards Commission.
- N.C. Gen. Stat. § 7A-374.1. Purpose
The purpose of this Article is to provide for the investigation and resolution of inquiries concerning the qualification or conduct of any judge or...
- N.C. Gen. Stat. § 7A-374.2. Definitions
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this Article: (1) "Censure" means a finding by the Supreme...
- N.C. Gen. Stat. § 7A-375. Judicial Standards Commission
(a) The Judicial Standards Commission shall consist of the following residents of North Carolina: one Court of Appeals judge, two superior court judges, and...
- N.C. Gen. Stat. § 7A-376. Grounds for discipline by Commission; public reprimand, censure, suspension, or removal by the Supreme Court
(a) The Commission, upon a determination that any judge has engaged in conduct that violates the North Carolina Code of Judicial Conduct as adopted...
- N.C. Gen. Stat. § 7A-377. Procedures
(a) Any citizen of the State may file a written complaint with the Commission concerning the qualifications or conduct of any justice or judge...
- N.C. Gen. Stat. § 7A-379 through 7A-399. Reserved for future codification purposes
Article 31 - Judicial Council.
- N.C. Gen. Stat. § 7A-400 through 7A-408. Repealed by Session Laws 1983, c.774, s. 1
Article 31A - State Judicial Council.
- N.C. Gen. Stat. § 7A-409. Composition of State Judicial Council
(a) The State Judicial Council shall consist of 18 members as follows: (1) The Chief Justice, who chairs the Council; (2) The Chief Judge...
- N.C. Gen. Stat. § 7A-409.1. Duties of the State Judicial Council
(a) The State Judicial Council shall: (1) Study the judicial system and report periodically to the Chief Justice on its findings; (2) Advise the...
- N.C. Gen. Stat. § 7A-409.2. Compensation of the State Judicial Council
Members of the State Judicial Council who are not officers or employees of the State shall receive compensation and reimbursement for travel and subsistence...
Article 31B - Declaration of Vacancy, Suspension of Salary.
- N.C. Gen. Stat. § 7A-410. Vacancy exists on disbarment
When a judge of the district court, judge of the superior court, judge of the Court of Appeals, justice of the Supreme Court, or...
- N.C. Gen. Stat. § 7A-410.1. Suspension of salary
When a justice, judge, or district attorney has been disbarred or suspended from the practice of law under G.S. 84-28 but the office has...
Article 32 - Conference of District Attorneys.
- N.C. Gen. Stat. § 7A-411. Establishment and purpose
There is created the Conference of District Attorneys of North Carolina, of which every district attorney in North Carolina is a member. The purpose...
- N.C. Gen. Stat. § 7A-412. Annual meetings; organization; election of officers
(a) Annual Meetings. - The Conference shall meet annually at a time and place selected by the President of the Conference. (b) Election of...
- N.C. Gen. Stat. § 7A-413. Powers of Conference
(a) The Conference may: (1) Cooperate with citizens and other public and private agencies to promote the effective administration of criminal justice. (2) Assist...
- N.C. Gen. Stat. § 7A-414. Executive Secretary; clerical support
The Conference may employ an executive secretary and any necessary supporting staff to assist it in carrying out its duties. (1983, c. 761, s.
Article 33 - through 35 Reserved
- N.C. Gen. Stat. § 7A-415 through 7A-449. Reserved for future codification purposes
Article 36 - Entitlement of Indigent Persons Generally.
- N.C. Gen. Stat. § 7A-450. Indigency; definition; entitlement; determination; change of status
(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation...
- N.C. Gen. Stat. § 7A-450.1. Responsibility for payment by certain fiduciaries
It is the intent of the General Assembly that, whenever possible, if an attorney or guardian ad litem is appointed pursuant to G.S. 7A-451...
- N.C. Gen. Stat. § 7A-450.2. Determination of fiduciaries at indigency determination; summons; service of process
At the same time as a person who is less than 18 years old or who is at least 18 years old but remains...
- N.C. Gen. Stat. § 7A-450.3. Determination of responsibility at hearing
At the dispositional, sentencing or other hearing of the person who is less than 18 years old or who is at least 18 years...
- N.C. Gen. Stat. § 7A-450.4. Exemptions
General Statutes 7A-450.1, 7A-450.2 and 7A-450.3 do not authorize the court to require the Department of Health and Human Services or any county Department...
- N.C. Gen. Stat. § 7A-451. Scope of entitlement
(a) An indigent person is entitled to services of counsel in the following actions and proceedings: (1) Any case in which imprisonment, or a...
- N.C. Gen. Stat. § 7A-451.1. Counsel fees for outpatient involuntary commitment proceedings
The State shall pay counsel fees for persons appointed pursuant to G.S. 122C-267(d). (1983, c. 638, s. 24; c. 864, s. 4; 1985, c....
- N.C. Gen. Stat. § 7A-452. Source of counsel; fees; appellate records
(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with...
- N.C. Gen. Stat. § 7A-453. Duty of custodian of a possibly indigent person; determination of indigency
(a) In counties designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more...
- N.C. Gen. Stat. § 7A-454. Supporting services
Fees for the services of an expert witness or other witnesses, paid in accordance with G.S. 7A-314, including travel expenses, lodging, and other appearance...
- N.C. Gen. Stat. § 7A-455. Partial indigency; liens; acquittals
(a) If, in the opinion of the court, an indigent person is financially able to pay a portion, but not all, of the value...
- N.C. Gen. Stat. § 7A-455.1. Appointment fee in criminal cases
(a) In every criminal case in which counsel is appointed at the trial level, the judge shall order the defendant to pay to the...
- N.C. Gen. Stat. § 7A-456. False statements; penalty
(a) A false material statement made by a person under oath or affirmation in regard to the question of his indigency constitutes a Class...
- N.C. Gen. Stat. § 7A-457. Waiver of counsel; pleas of guilty
(a) An indigent person who has been informed of his right to be represented by counsel at any in-court proceeding, may, in writing, waive...
- N.C. Gen. Stat. § 7A-458. Counsel fees
The fee to which an attorney who represents an indigent person is entitled shall be fixed in accordance with rules adopted by the Office...
- N.C. Gen. Stat. § 7A-459. Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c)
- N.C. Gen. Stat. § 7A-460 through 7A-464. Reserved for future codification purposes
Article 37 - The Public Defender.
- N.C. Gen. Stat. § 7A-465 through 7A-467. Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001
- N.C. Gen. Stat. § 7A-468. Repealed by Session Laws 1987 (Regular Session, 1988), c. 1056, s. 13
- N.C. Gen. Stat. § 7A-469 through 7A-471. Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001
- N.C. Gen. Stat. § 7A-472. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-473. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-474. Reserved for future codification purposes
Article 37A - Access to Civil Justice Act.
- N.C. Gen. Stat. § 7A-474.1. Legislative findings and purpose
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for indigent persons in certain kinds...
- N.C. Gen. Stat. § 7A-474.2. Definitions
The following definitions shall apply throughout this Article, unless the context otherwise requires: (1) "Eligible client" means a resident of North Carolina financially eligible...
- N.C. Gen. Stat. § 7A-474.3. Eligible activities and limitations
(a) Eligible Activities. Funds appropriated under this Article shall be used only for the following purposes: (1) To provide legal assistance to eligible clients;...
- N.C. Gen. Stat. § 7A-474.4. Funds
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and...
- N.C. Gen. Stat. § 7A-474.5. Records and reports
The established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. (1989, c. 795,...
- N.C. Gen. Stat. § 7A-474.6 through 7A-474.15. Reserved for future codification purposes
Article 37B - Domestic Violence Victim Assistance Act.
- N.C. Gen. Stat. § 7A-474.16. Legislative findings and purpose
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for domestic violence victims in certain...
- N.C. Gen. Stat. § 7A-474.17. Definitions
The following definitions shall apply throughout this Article, unless the context otherwise requires: (1) "Domestic violence victim" means a resident of North Carolina that...
- N.C. Gen. Stat. § 7A-474.18. Eligible activities and limitations
(a) Eligible Activities. - Funds appropriated under this Article shall be used only for the following purposes: (1) To provide legal assistance to domestic...
- N.C. Gen. Stat. § 7A-474.19. Funds
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and...
- N.C. Gen. Stat. § 7A-474.20. Records and reports
The established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. The North Carolina...
Article 38 - Appellate Defender Office.
- N.C. Gen. Stat. § 7A-475 through 7A-485. Expired
Article 38A - Appellate Defender Office.
- N.C. Gen. Stat. § 7A-486 through 7A-486.7. Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001
- N.C. Gen. Stat. § 7A-487. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-488. Reserved for future codification purposes
Article 39 - Guardian Ad Litem Program.
- N.C. Gen. Stat. § 7A-489 through 7A-493. Repealed by Session Laws 1998-202, s. 5, effective July 1, 1999
Article 39A - Custody and Visitation Mediation Program.
- N.C. Gen. Stat. § 7A-494. Custody and Visitation Mediation Program established
(a) The Administrative Office of the Courts shall establish a Custody and Visitation Mediation Program to provide statewide and uniform services in accordance with...
- N.C. Gen. Stat. § 7A-495. Implementation and administration
(a) Local District Program. - The Administrative Office of the Courts shall, in cooperation with each Chief District Court Judge and other district personnel,...
- N.C. Gen. Stat. § 7A-496. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-497. Reserved for future codification purposes
Article 39B - Indigent Defense Services Act
- N.C. Gen. Stat. § 7A-498. Title
This Article shall be known and may be cited as the "Indigent Defense Services Act of 2000". (2000-144, s. 1.)
- N.C. Gen. Stat. § 7A-498.1. Purpose
Whenever a person is determined to be indigent and entitled to counsel, it is the responsibility of the State under the federal and state...
- N.C. Gen. Stat. § 7A-498.2. Establishment of Office of Indigent Defense Services
(a) The Office of Indigent Defense Services, which is administered by the Director of Indigent Defense Services and includes the Commission on Indigent Defense...
- N.C. Gen. Stat. § 7A-498.3. Responsibilities of Office of Indigent Defense Services
(a) The Office of Indigent Defense Services shall be responsible for establishing, supervising, and maintaining a system for providing legal representation and related services...
- N.C. Gen. Stat. § 7A-498.4. Establishment of Commission on Indigent Defense Services
(a) The Commission on Indigent Defense Services is created within the Office of Indigent Defense Services and shall consist of 13 members. To create...
- N.C. Gen. Stat. § 7A-498.5. Responsibilities of Commission
(a) The Commission shall have as its principal purpose the development and improvement of programs by which the Office of Indigent Defense Services provides...
- N.C. Gen. Stat. § 7A-498.6. Director of Indigent Defense Services
(a) The Director of Indigent Defense Services shall be appointed by the Commission for a term of four years. The salary of the Director...
- N.C. Gen. Stat. § 7A-498.7. Public Defender Offices
(a) The following counties of the State are organized into the defender districts listed below, and in each of those defender districts an office...
- N.C. Gen. Stat. § 7A-498.8. Appellate Defender
(a) The appellate defender shall be appointed by the Commission on Indigent Defense Services for a term of four years. A vacancy in the...
- N.C. Gen. Stat. § 7A-499. Reserved for future codification purposes
Article 40 - North Carolina Courts Commission.
- N.C. Gen. Stat. § 7A-500 through 7A-505. Repealed by Session Laws 1975, c. 956, s. 18
Article 40A - North Carolina Courts Commission.
- N.C. Gen. Stat. § 7A-506. Creation; members; terms; qualifications; vacancies
(a) The North Carolina Courts Commission is created. Effective July 1, 1993, it shall consist of 28 members, seven to be appointed by the...
- N.C. Gen. Stat. § 7A-507. Ex officio members
The following additional members shall serve ex officio: the Administrative Officer of the Courts; a representative of the N.C. State Bar appointed by the...
- N.C. Gen. Stat. § 7A-508. Duties
It shall be the duty of the Commission to make continuing studies of the structure, organization, jurisdiction, procedures and personnel of the Judicial Department...
- N.C. Gen. Stat. § 7A-509. Chair; meetings; compensation of members
The Governor, after consultation with the Chief Justice of the Supreme Court, shall appoint a chair from the legislative members of the Commission. The...
- N.C. Gen. Stat. § 7A-510. Supporting services
The Commission is authorized to contract for such professional and clerical services as are necessary in the proper performance of its duties. (1979, c....
- N.C. Gen. Stat. § 7A-511 through 7A-515. Reserved for future codification purposes
Article 41 - Purpose; Definitions.
- N.C. Gen. Stat. § 7A-516 through 7A-522. Repealed by Session Laws 1998-202, s. 5
Article 42 - Jurisdiction.
- N.C. Gen. Stat. § 7A-523 through 7A-529. Repealed by Session Laws 1998-202, s. 5
Article 43 - Screening of Delinquency and Undisciplined Petitions.
- N.C. Gen. Stat. § 7A-530 through 7A-541. Repealed by Session Laws 1998-202, s. 5
Article 44 - Screening of Abuse and Neglect Complaints.
- N.C. Gen. Stat. § 7A-542 through 7A-557. Repealed by Session Laws 1998-202, s. 5
Article 45 - Venue; Petition; Summons.
- N.C. Gen. Stat. § 7A-558 through 7A-570. Repealed by Session Laws 1998-202, s. 5
Article 46 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings.
- N.C. Gen. Stat. § 7A-571 through 7A-577. Repealed by Session Laws 1998-202, s. 5
- N.C. Gen. Stat. § 7A-577.1. Recodified as § 7B-507
- N.C. Gen. Stat. § 7A-578 through 7A-583. Repealed by Session Laws 1998-202, s. 5
Article 47 - Basic Rights.
- N.C. Gen. Stat. § 7A-584 through 7A-593. Repealed by Session Laws 1998-202, s. 5
Article 48 - Law-Enforcement Procedures in Delinquency Proceedings.
- N.C. Gen. Stat. § 7A-594 through 7A-607. Repealed by Session Laws 1998-202, s. 5
Article 49 - Transfer to Superior Court.
- N.C. Gen. Stat. § 7A-608 through 7A-617. Repealed by Session Laws 1998-202, s. 5
Article 50 - Discovery.
- N.C. Gen. Stat. § 7A-618 through 7A-626. Repealed by Session Laws 1998-202, s. 5
Article 51 - Hearing Procedures.
- N.C. Gen. Stat. § 7A-627 through 7A-645. Repealed by Session Laws 1998-202, s. 5
Article 52 - Dispositions.
- N.C. Gen. Stat. § 7A-646 through 7A-657. Repealed by Session Laws 1998-202, s. 5
- N.C. Gen. Stat. § 7A-657.1. Recodified as § 7B-907
- N.C. Gen. Stat. § 7A-658 through 7A-663. Repealed by Session Laws 1998-202, s. 5
Article 53 - Modification and Enforcement of Dispositional Orders; Appeals.
- N.C. Gen. Stat. § 7A-664 through 7A-674. Repealed by Session Laws 1998-202, s. 5
Article 54 - Juvenile Records and Social Reports.
- N.C. Gen. Stat. § 7A-675 through 7A-683. Repealed by Session Laws 1998-202, s. 5
Article 55 - Interstate Compact on Juveniles.
- N.C. Gen. Stat. § 7A-684 through 7A-716. Repealed by Session Laws 1998-202, s. 5
Article 56 - Emancipation.
- N.C. Gen. Stat. § 7A-717 through 7A-731. Repealed by Session Laws 1998-202, s. 5
Article 57 - Judicial Consent for Emergency Surgical or Medical Treatment.
- N.C. Gen. Stat. § 7A-732 through 7A-739. Repealed by Session Laws 1998-202, s. 5
Article 58 - Juvenile Law Study Commission.
- N.C. Gen. Stat. § 7A-740 through 7A-744. Repealed by Session Laws 1998-202, s. 5
Article 59 - Repealed
- N.C. Gen. Stat. § 7A-745 through 7A-749. Repealed by Session Laws 1998-202, s. 5
Article 60 - Office of Administrative Hearings.
- N.C. Gen. Stat. § 7A-750. Creation; status; purpose
There is created an Office of Administrative Hearings. The Office of Administrative Hearings is an independent, quasi-judicial agency under Article III, Sec. 11 of...
- N.C. Gen. Stat. § 7A-751. Agency head; powers and duties; salaries of Chief Administrative Law Judge and other administrative law judges
(a) The head of the Office of Administrative Hearings is the Chief Administrative Law Judge, who shall serve as Director of the Office. The...
- N.C. Gen. Stat. § 7A-752. Chief Administrative Law Judge; appointments; vacancy
The Chief Administrative Law Judge of the Office of Administrative Hearings shall be appointed by the Chief Justice for a term of office of...
- N.C. Gen. Stat. § 7A-753. Additional administrative law judges; appointment; specialization
The Chief Administrative Law Judge shall appoint additional administrative law judges to serve in the Office of Administrative Hearings in such numbers as the...
- N.C. Gen. Stat. § 7A-754. Qualifications; standards of conduct; removal
Only persons duly authorized to practice law in the General Court of Justice shall be eligible for appointment as the Director and chief administrative...
- N.C. Gen. Stat. § 7A-755. Expenses reimbursed
The Chief Administrative Law Judge of the Office of Administrative Hearings and all administrative law judges shall be reimbursed for travel and subsistence expenses...
- N.C. Gen. Stat. § 7A-756. Power to administer oaths and issue subpoenas
The chief administrative law judge and all administrative law judges in the Office of Administrative Hearings may, in connection with any pending or potential...
- N.C. Gen. Stat. § 7A-757. Temporary administrative law judges; appointments; powers and standards; fees
When regularly appointed administrative law judges are unavailable, the Chief Administrative Law Judge of the Office of Administrative Hearings may contract with qualified individuals...
- N.C. Gen. Stat. § 7A-758. Availability of administrative law judge to exempt agencies
The Chief Administrative Law Judge of the Office of Administrative Hearings may, upon request of the head of the agency, provide an administrative law...
- N.C. Gen. Stat. § 7A-759. Role as deferral agency
(a) The Office of Administrative Hearings is designated to serve as the State's deferral agency for cases deferred by the Equal Employment Opportunity Commission...
- N.C. Gen. Stat. § 7A-760. Number and status of employees; staff assignments; role of State Personnel Commission
(a) The number of administrative law judges and employees of the Office of Administrative Hearings shall be established by the General Assembly. The Chief...
- N.C. Gen. Stat. § 7A-761. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-762. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-763. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-764. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-765. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-766. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-767. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-768. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-769. Reserved for future codification purposes
Article 61 - Sentencing Services Program.
- N.C. Gen. Stat. § 7A-770. Purpose
This Article shall be known and may be cited as the "Sentencing Services Act." The purpose of this Article is to establish a statewide...
- N.C. Gen. Stat. § 7A-771. Definitions
As used in this Article: (1) Recodified as subdivision (3b) by Session Laws 1999-306, s. 1, effective January 1, 2000. (2) Recodified as subdivision...
- N.C. Gen. Stat. § 7A-772. Allocation of funds
(a) The Director may award grants in accordance with the policies established by this Article and in accordance with any laws made for that...
- N.C. Gen. Stat. § 7A-773. Responsibilities of a sentencing services program
A sentencing services program shall be responsible for: (1) Identifying offenders who: a. Are charged with or have been offered a plea by the...
- N.C. Gen. Stat. § 7A-773.1. Who may request plans; disposition of plans; contents of plans
(a) A judge presiding over a case in which the offender meets the criteria set forth in G.S. 7A-773(1) may request, at any time...
- N.C. Gen. Stat. § 7A-774. Requirements for a comprehensive sentencing services program plan
Agencies applying for grants shall prepare a comprehensive sentencing services program plan for the development, implementation, operation, and improvement of a sentencing services program...
- N.C. Gen. Stat. § 7A-775. Sentencing services board
(a) Each sentencing services program shall establish a sentencing services board to provide direction and assistance to the sentencing services program in the implementation...
- N.C. Gen. Stat. § 7A-776. Limitation on use of funds
Funds provided for use under the provisions of this Article shall not be used for the operating costs, construction, or any other costs associated...
- N.C. Gen. Stat. § 7A-777. Evaluation
The Director shall evaluate each sentencing services program on an annual basis to determine the degree to which the program effectively meets the needs...
- N.C. Gen. Stat. § 7A-778 through 7A-789. Reserved for future codification purposes
Article 62 - North Carolina Drug Treatment Court Act.
- N.C. Gen. Stat. § 7A-790. Short title
This Article shall be known and may be cited as the "North Carolina Drug Treatment Court Act of 1995". (1995, c. 507, s. 21.6(a);...
- N.C. Gen. Stat. § 7A-791. Purpose
The General Assembly recognizes that a critical need exists in this State for judicial programs that will reduce the incidence of alcohol and other...
- N.C. Gen. Stat. § 7A-792. Goals
The goals of the drug treatment court programs funded under this Article include the following: (1) To reduce alcoholism and other drug dependencies among...
- N.C. Gen. Stat. § 7A-793. Establishment of Program
The North Carolina Drug Treatment Court Program is established in the Administrative Office of the Courts to facilitate the creation and funding of local...
- N.C. Gen. Stat. § 7A-794. Fund administration
The Drug Treatment Court Program Fund is created in the Administrative Office of the Courts and is administered by the Director of the Administrative...
- N.C. Gen. Stat. § 7A-795. State Drug Treatment Court Advisory Committee
The State Drug Treatment Court Advisory Committee is established to develop and recommend to the Director of the Administrative Office of the Courts guidelines...
- N.C. Gen. Stat. § 7A-796. Local drug treatment court management committee
Each judicial district choosing to establish a drug treatment court shall form a local drug treatment court management committee, which shall be comprised to...
- N.C. Gen. Stat. § 7A-797. Eligible population; drug treatment court procedures
The Director of the Administrative Office of the Courts, in conjunction with the State Drug Treatment Court Advisory Committee, shall develop criteria for eligibility...
- N.C. Gen. Stat. § 7A-798. Repealed by Session Laws 2007-393, s. 13, effective October 1, 2007
- N.C. Gen. Stat. § 7A-799. Treatment not guaranteed
Nothing contained in this Article shall confer a right or an expectation of a right to treatment for a defendant or offender within the...
- N.C. Gen. Stat. § 7A-800. Payment of costs of treatment program
Each defendant, offender, or respondent in a juvenile petition for abuse, neglect, or both, who receives treatment under a local drug treatment court program...
- N.C. Gen. Stat. § 7A-801. Monitoring and annual report
The Administrative Office of the Courts shall monitor all State-recognized and funded local drug treatment courts, prepare an annual report on the implementation, operation,...
- N.C. Gen. Stat. § 7A-802. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-803. Reserved for future codification purposes
- N.C. Gen. Stat. § 7A-804. Reserved for future codification purposes
Article 63 - Conference of Clerks of Superior Court.
- N.C. Gen. Stat. § 7A-805. Establishment and purpose
There is created the Conference of Clerks of Superior Court of North Carolina, of which each clerk of superior court is a member. The...
- N.C. Gen. Stat. § 7A-806. Annual meetings; organization; election of officers
(a) Annual Meetings. - The Conference shall meet each summer and winter at a time and place selected by the President of the Conference....
- N.C. Gen. Stat. § 7A-807. Powers of Conference
(a) The Conference may: (1) Cooperate with citizens and other public and private agencies to promote the effective administration of justice. (2) Develop advisory...
- N.C. Gen. Stat. § 7A-808. Executive secretary; clerical support
The Conference may employ an executive secretary and any necessary supporting staff to assist it in carrying out its duties. (2005-100, s. 1.)
- N.C. Gen. Stat. § 7A-809. Reports
The Conference of Clerks of Superior Court shall, in consultation with the registers of deeds, annually study the status of the individual counties and...
Last modified: March 23, 2014