Chapter 1 Civil Procedure
Article 1 - Definitions.
- § 1-1 Remedies
Remedies in the courts of justice are divided into (1) Actions. (2) Special proceedings. (C.C.P., s. 1; Code, s. 125; Rev., s. 346; C.S., s.
- § 1-2 Actions
An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a...
- § 1-3 Special proceedings
Every other remedy is a special proceeding. (C.C.P., s. 3; Code, s. 127; Rev., s. 348; C.S., s. 393.)
- § 1-4 Kinds of actions
Actions are of two kinds (1) Civil. (2) Criminal. (C.C.P., s. 4; Code, s. 128; Rev., s. 349; C.S., s. 394.)
- § 1-5 Criminal action
A criminal action is (1) An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment...
- § 1-6 Civil action
Every other is a civil action. (C.C.P., s. 6; Code, s. 130; Rev., s. 351; C.S., s. 396.)
- § 1-7 When court means clerk
In the following sections which confer jurisdiction or power, or impose duties, where the words "superior court," or "court," in reference to a superior court...
Article 2 - General Provisions.
- § 1-8 Remedies not merged
Where the violation of a right admits both of a civil and a criminal remedy, the right to prosecute the one is not merged in...
- § 1-9 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-10 Plaintiff and defendant
In civil actions the party complaining is the plaintiff, and the adverse party the defendant. (C.C.P., s. 13; Code, s. 134; Rev., s. 355; C.S.,...
- § 1-11 How party may appear
A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s. 109;...
- § 1-12 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-13 Jurisdiction of clerk
The clerk of the superior court has jurisdiction to hear and decide all questions of practice and procedure and all other matters over which jurisdiction...
Article 3 - Limitations, General Provisions.
- § 1-14 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-15 Statute runs from accrual of action
(a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special...
- § 1-15.1 Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act
(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution...
- § 1-16 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-17 Disabilities
(a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or...
- § 1-18 Disability of marriage
In any action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include any...
- § 1-19 Cumulative disabilities
When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation does...
- § 1-20 Disability must exist when right of action accrues
No person may avail himself of a disability except as authorized in G.S. 1‑19, unless it existed when his right of action accrued. (C.C.P., s....
- § 1-21 Defendant out of State; when action begun or judgment enforced
If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be...
- § 1-22 Death before limitation expires; action by or against personal representative or collector
If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action...
- § 1-23 Time of stay by injunction or prohibition
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not...
- § 1-24 Time during controversy on probate of will or granting letters
In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate of...
- § 1-25 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-26 New promise must be in writing
No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some...
- § 1-27 Act, admission or acknowledgment by party to obligation, co-obligor or guarantor
(a) After a cause of action has accrued on any obligation on which there is more than one obligor, any act, admission, or acknowledgment by...
- § 1-28 Undisclosed partner
The statutes of limitations apply to a civil action brought against an undisclosed partner only from the time the partnership became known to the plaintiff....
- § 1-29 Cotenants
If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for its detention or injury, any...
- § 1-30 Applicable to actions by State
The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as...
- § 1-31 Action upon a mutual, open and current account
In an action brought to recover a balance due upon a mutual, open and current account, where there have been reciprocal demands between the parties,...
- § 1-32 Not applicable to bank bills
The limitations prescribed by law do not affect actions to enforce the payment of bills, notes or other evidences of debt, issued or put in...
- § 1-33 Actions against bank directors or stockholders
The limitations prescribed by law do not affect actions against directors or stockholders of any banking association incorporated under the laws of this State, to...
- § 1-34 Aliens in time of war
When a person is an alien subject, or a citizen of a country at war with the United States, the time of the continuance of...
Article 4 - Limitations, Real Property.
- § 1-35 Title against State
The State will not sue any person for, or in respect of, any real property, or the issue or profits thereof, by reason of the...
- § 1-36 Title presumed out of State
In all actions involving the title to real property title is conclusively deemed to be out of the State unless it is a party to...
- § 1-37 Such possession valid against claimants under State
All such possession as is described in G.S. 1‑35, under such title as is therein described, is hereby ratified and confirmed, and declared to be...
- § 1-38 Seven years' possession under color of title
(a) When a person or those under whom he claims is and has been in possession of any real property, under known and visible lines...
- § 1-39 Seizin within twenty years necessary
No action for the recovery or possession of real property shall be maintained, unless it appears that the plaintiff, or those under whom he claims,...
- § 1-40 Twenty years adverse possession
No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person in possession thereof,...
- § 1-41 Action after entry
No entry upon real estate shall be deemed sufficient or valid, as a claim, unless an action is commenced thereupon within one year after the...
- § 1-42 Possession follows legal title; severance of surface and subsurface rights
In every action for the recovery or possession of real property, or damages for a trespass on such possession, the person establishing a legal title...
- § 1-42.1 Certain ancient mineral claims extinguished in certain counties
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-42.2 Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-42.3 Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-42.4 Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of land...
- § 1-42.5 Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of land...
- § 1-42.6 Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-42.7 Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interest in an area of land...
- § 1-42.8 Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-42.9 Ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation
(a) Where it appears on the public records that the fee simple title to any oil, gas or mineral interests in an area of land...
- § 1-43 Tenant's possession is landlord's
When the relation of landlord and tenant has existed, the possession of the tenant is deemed the possession of the landlord, until the expiration of...
- § 1-44 No title by possession of right-of-way
No railroad, plank road, turnpike or canal company may be barred of, or presumed to have conveyed, any real estate, right‑of‑way, easement, leasehold, or other...
- § 1-44.1 Presumption of abandonment of railroad right-of-way
Any railroad which has removed its tracks from a right‑of‑way and has not replaced them in whole or in part within a period of seven...
- § 1-44.2 Presumptive ownership of abandoned railroad easements
(a) Whenever a railroad abandons a railroad easement, all right, title and interest in the strip, piece or parcel of land constituting the abandoned easement...
- § 1-45 No title by possession of public ways
No person or corporation shall ever acquire any exclusive right to any part of a public road, street, lane, alley, square or public way of...
- § 1-45.1 No adverse possession of property subject to public trust rights
Title to real property held by the State and subject to public trust rights may not be acquired by adverse possession. As used in this...
Article 5 - Limitations, Other than Real Property.
- § 1-46 Periods prescribed
The periods prescribed for the commencement of actions, other than for the recovery of real property, are as set forth in this Article. (C.C.P., s....
- § 1-47 Ten years
Within ten years an action ‑ (1) Upon a judgment or decree of any court of the United States, or of any state or territory...
- § 1-48 Transferred to § 1-54, subdivision (6), by Session Laws 1951, c. 837, s. 2
- § 1-49 Seven years
Within seven years an action (1) Repealed by Session Laws 1961, c. 115, s. 1. (2) By a creditor of a deceased person against his...
- § 1-50 Six years
(a) Within six years an action (1) Repealed by Session Laws 1997‑297, s. 1. (2) Against an executor, administrator, collector, or guardian on his official...
- § 1-51 Five years
Within five years (1) No suit, action or proceeding shall be brought or maintained against a railroad company owning or operating a railroad for damages...
- § 1-52 Three years
Within three years an action ‑ (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in...
- § 1-53 Two years
Within two years ‑ (1) An action against a local unit of government upon a contract, obligation or liability arising out of a contract, express...
- § 1-54 One year
Within one year an action or proceeding ‑ (1) Repealed by Session Laws 1975, c. 252, s. 5. (2) Upon a statute, for a penalty...
- § 1-54.1 Two months
Within two months an action contesting the validity of any zoning ordinance or amendment thereto adopted by a county under Part 3 of Article 18...
- § 1-55 Six months
Within six months an action (1) Upon a contract, transfer, assignment, power of attorney or other instrument transferring or affecting unearned salaries or wages, or...
Article 5A - Limitations, Actions Not Otherwise Limited.
- § 1-56 All other actions, 10 years
An action for relief not otherwise limited by this subchapter may not be commenced more than 10 years after the cause of action has accrued....
Article 6 - Parties.
- § 1-57 Real party in interest; grantees and assignees
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided; but this section does not authorize the...
- § 1-58 Suits for penalties
Where a penalty is imposed by any law, and it is not provided to what person the penalty is given, it may be recovered, for...
- § 1-59 Suit for penalty, plaintiff may reply fraud to plea of release
If an action be brought in good faith by any person to recover a penalty under a law of this State, or of the United...
- § 1-60 Suit on bonds; defendant may plead satisfaction
When an action shall be brought on any single bill or on any judgment, if the defendant had paid the money due upon such bill...
- § 1-61 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-62 Action by purchaser under judicial sale
Anyone given possession under a judicial sale confirmed, where the title is retained as a security for the price, is the legal owner of the...
- § 1-63 through 1-64 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-65 through 1-65.4 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-65.5 Repealed by Session Laws 1969, c. 895, s. 19
- § 1-66 through 1-69 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-69.1 Unincorporated associations and partnerships; suit by or against
(a) Except as provided in subsection (b) of this section: (1) All unincorporated associations, organizations or societies, or general or limited partnerships, foreign or domestic,...
- § 1-70 through 1-71 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-72 Persons jointly liable
In all cases of joint contracts of partners in trade or others, suit may be brought and prosecuted against all or any number of the...
- § 1-72.1 Procedure to assert right of access
(a) Any person asserting a right of access to a civil judicial proceeding or to a judicial record in that proceeding may file a motion...
- § 1-73 through 1-75 Repealed by Session Laws 1967, c. 954, s. 4
Article 6A - Jurisdiction.
- § 1-75.1 Legislative intent
This Article shall be liberally construed to the end that actions be speedily and finally determined on their merits. The rule that statutes in derogation...
- § 1-75.2 Definitions
In this Article the following words have the designated meanings: (1) "Person" means any natural person, partnership, corporation, body politic, and any unincorporated association, organization,...
- § 1-75.3 Jurisdictional requirements for judgments against persons, status and things
(a) Jurisdiction of Subject Matter Not Affected by This Article. Nothing in this Article shall be construed to confer, enlarge or diminish the subject matter...
- § 1-75.4 Personal jurisdiction, grounds for generally
A court of this State having jurisdiction of the subject matter has jurisdiction over a person served in an action pursuant to Rule 4(j), Rule...
- § 1-75.5 Joinder of causes in the same action
In any action brought in reliance upon jurisdictional grounds stated in subdivisions (2) to (10) of G.S. 1‑75.4 there cannot be joined in the same...
- § 1-75.6 Personal jurisdiction - Manner of exercising by service of process
A court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1‑75.4 may exercise personal jurisdiction...
- § 1-75.7 Personal jurisdiction - Grounds for without service of summons
A court of this State having jurisdiction of the subject matter may, without serving a summons upon him, exercise jurisdiction in an action over a...
- § 1-75.8 Jurisdiction in rem or quasi in rem - Grounds for generally
A court of this State having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated in...
- § 1-75.9 Jurisdiction in rem or quasi in rem - Manner of exercising
A court of this State exercising jurisdiction in rem or quasi in rem pursuant to G.S. 1‑75.8 may affect the interests of a defendant in...
- § 1-75.10 Proof of service of summons, defendant appearing in action
Where the defendant appears in the action and challenges the service of the summons upon him, proof of the service of process shall be as...
- § 1-75.11 Judgment against nonappearing defendant, proof of jurisdiction
Where a defendant fails to appear in the action within apt time the court shall, before entering a judgment against such defendant, require proof of...
- § 1-75.12 Stay of proceeding to permit trial in a foreign jurisdiction
(a) When Stay May be Granted. If, in any action pending in any court of this State, the judge shall find that it would work...
Article 7 - Venue.
- § 1-76 Where subject of action situated
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject...
- § 1-76.1 Where deficiency debtor resides or where loan was negotiated
Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains owing...
- § 1-77 Where cause of action arose
Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the power of the...
- § 1-78 Official bonds, executors and administrators
All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and all actions upon official bonds must be instituted...
- § 1-79 Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships
(a) For the purpose of suing and being sued the residence of a domestic corporation, limited partnership, limited liability company, or registered limited liability partnership...
- § 1-80 Foreign corporations
An action against a corporation created by or under the law of any other state or government may be brought in the appropriate trial court...
- § 1-81 Actions against railroads
In all actions against railroads the action must be tried either in the county where the cause of action arose or where the plaintiff resided...
- § 1-81.1 Venue in apportionment or redistricting cases
(a) Venue in any action concerning any act of the General Assembly apportioning or redistricting State legislative or congressional districts lies exclusively with the Wake...
- § 1-82 Venue in all other cases
In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at...
- § 1-83 Change of venue
If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless...
- § 1-84 Removal for fair trial
In all civil actions in the superior and district courts, when it is suggested on oath or affirmation on behalf of the plaintiff or defendant,...
- § 1-85 Affidavits on hearing for removal; when removal ordered
No action, civil or criminal, shall be removed, unless the affidavit sets forth particularly and in detail the ground of the application. It is competent...
- § 1-86 Repealed by Session Laws 1967, c. 218, s. 4
- § 1-87 Transcript of removal; subsequent proceedings; depositions
(a) When a cause is directed to be removed, the clerk shall transmit to the court to which it is removed a transcript of the...
- § 1-87.1 Repealed by Session Laws 1967, c. 954, s. 4
Article 8 - Summons.
- § 1-88 through 1-91 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-92 through 1-93 Repealed by Session Laws 1971, c. 268, s. 34
- § 1-94 through 1-98 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-98.1 through 1-98.4 Repealed by Session Laws 1971, c. 1093, s. 19
- § 1-99 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-99.1 through 1-99.4 Repealed by Session Laws 1971, c. 1093, s. 19
- § 1-100 through 1-104 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-105 Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles
The acceptance by a nonresident of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the operation...
- § 1-105.1 Service on residents who establish residence outside the State and on residents who depart from the State
The provisions of G.S. 1‑105 of this Chapter shall also apply to a resident of the State at the time of the accident or collision...
- § 1-106 through 1-107.3 Repealed by Session laws 1967, c. 954, s. 4
- § 1-108 Defense after judgment set aside
If a judgment is set aside pursuant to Rule 60(b) or (c) of the Rules of Civil Procedure and the judgment or any part thereof...
Article 9 - Prosecution Bonds.
- § 1-109 Bond required of plaintiff for costs
At any time after the issuance of summons, the clerk or judge, upon motion of the defendant, may, upon a showing of good cause, require...
- § 1-110 Suit as an indigent; counsel; suits filed pro se by prison inmates
(a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of...
- § 1-111 Defendant's, for costs and damages in actions for land
In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in the...
- § 1-112 Defense without bond
(a) The undertaking prescribed in G.S. 1‑111 is not necessary if an attorney practicing in the court where the action is pending certifies to the...
Article 10 - Joint and Several Debtors.
Article 11 - Lis Pendens.
- § 1-116 Filing of notice of suit
(a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross‑indexed in...
- § 1-116.1 Service of notice
In all actions as defined in G.S. 1‑116 in which notice of pendency of the action is filed, a copy of such notice shall be...
- § 1-117 Cross-index of lis pendens
Every notice of pending litigation filed under this Article shall be cross‑indexed by the clerk of the superior court in a record, called the "Record...
- § 1-118 Effect on subsequent purchasers
From the cross‑indexing of the notice of lis pendens only is the pendency of the action constructive notice to a purchaser or incumbrancer of the...
- § 1-119 Notice void unless action prosecuted
(a) The notice of lis pendens is of no avail unless it is followed by the first publication of notice of the summons or by...
- § 1-120 Cancellation of notice
The court in which the said action was commenced may, at any time after it is settled, discontinued or abated, on application of any person...
- § 1-120.1 Article applicable to suits in federal courts
The provisions of this Article shall apply to suits affecting the title to real property in the federal courts. (1945, c. 857.)
- § 1-120.2 Filing of notice by cities and counties in certain cases
The governing body of a city or county may, by ordinance under Part 5 of Article 19 of Chapter 160A of the General Statutes relating...
Article 12 - Complaint.
Article 13 - Defendant’s Pleadings.
Article 14 - Demurrer.
Article 15 - Answer.
Article 16 - Reply.
Article 17 - Pleadings, General Provisions.
Article 18 - Amendments.
Article 18A - Pretrial Hearings.
Article 19 - Trial.
- § 1-170 through 1-173 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-174 Repealed by Session Laws 1999-216, s.2
- § 1-175 through 1-179 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-180 Repealed by Session Laws 1977, c. 711, s. 33
- § 1-180.1 Judge not to comment on verdict
In criminal actions the presiding judge shall make no comment in open court in the presence or hearing of all, or any member or members,...
- § 1-181 Requests for special instructions
(a) Requests for special instructions to the jury must be (1) In writing, (2) Entitled in the cause, and (3) Signed by counsel submitting them....
- § 1-181.1 View by jury
The judge presiding at the trial of any action or proceeding involving the exercise of the right of eminent domain, or the condemnation of real...
- § 1-181.2 Use of evidence by the jury
(a) If the jury in a civil action after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be...
- § 1-182 Repealed by Session Laws 1977, c. 776
- § 1-183 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-183.1 Effect on counterclaim of dismissal as to plaintiff's claim
The granting of a motion by the defendant for judgment of dismissal as to the plaintiff's cause of action shall not amount to the taking...
- § 1-184 through 1-185 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-186 Exceptions to decision of court
(a) For the purposes of an appeal, either party may except to a decision on a matter of law arising upon a trial by the...
- § 1-187 Repealed by Session Laws 1967, c. 954, s. 4
Article 20 - Reference.
Article 21 - Issues.
Article 22 - Verdict and Exceptions.
Article 23 - Judgment.
- § 1-208 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-208.1 Judgment docket, judgment and docket book defined
As used in this Chapter, unless the context clearly requires otherwise, the phrases "judgment docket", "judgment book", "docket book", and "judgment and docket book" include,...
- § 1-209 Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession
The clerks of the superior courts are authorized to enter the following judgments: (1) All judgments of voluntary nonsuit. (2) All consent judgments. (3) In...
- § 1-209.1 Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney
In all condemnation proceedings authorized by G.S. 40A‑3 or by any other statute, the clerks of the superior courts are authorized to fix and tax...
- § 1-209.2 Voluntary nonsuit by petitioner in condemnation proceeding
The petitioner in all condemnation proceedings authorized by G.S. 40A‑3 or by any other statute is authorized and allowed to take a voluntary nonsuit. (1957,...
- § 1-210 Return of execution; order for disbursement of proceeds
In all executions issued by the clerk of the superior court upon judgment before the clerk of the superior court, under G.S. 1‑209, and execution...
- § 1-211 through 1-215 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-215.1 Judgments or orders not rendered on Mondays validated
In any case where, prior to the ratification of this section, any judgment or order, required to be rendered or signed on Monday, has been...
- § 1-215.2 Time within which judgments or orders signed on days other than Mondays may be attacked
From and after the 30th day of September, 1951, no action shall be brought or no motion in the cause shall be made to attack...
- § 1-215.3 Validation of conveyances pursuant to orders made on days other than Mondays
From and after the 30th day of September, 1951, any conveyance executed by any commissioner or other person authorized to make a conveyance in any...
- § 1-216 Repealed by Session Laws 1943, c. 301, s. 3
- § 1-217 Certain default judgments validated
In every case where, prior to the first day of January, one thousand nine hundred and twenty‑seven, a judgment by default final has been entered...
- § 1-217.1 Judgments based on summons erroneously designated alias or pluries validated
In all civil actions and special proceedings where the defendants were served with summons and judgment thereafter entered, or any final decree made, and said...
- § 1-217.2 Judgments by default to remove cloud from title to real estate validated
In every case where prior to the tenth day of October, 1969, a judgment by default final has been entered by the clerk of superior...
- § 1-218 through 1-222 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-223 Against married persons
In an action brought by or against a married person, judgment may be given against such married person for costs or damages or both, to...
- § 1-224 through 1-227 Repealed by Session Laws 1967, c. 954, s. 4
- § 1-228 Regarded as a deed and registered
Every judgment, in which the transfer of title is so declared, shall be regarded as a deed of conveyance, executed in due form and by...
- § 1-229 Certified registered copy evidence
In all legal proceedings, touching the right of parties derived under such judgment, a certified copy from the register's books is evidence of its existence...
- § 1-230 In action for recovery of personal property
In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession,...
- § 1-231 What judge approves judgments
In all cases where a judgment, decree or order of the superior court is required to be approved by a judge, it shall be approved...
- § 1-232 Judgment roll
Unless the party or his attorney furnishes a judgment roll or the documents referred to in this section are already on file, the clerk, immediately...
- § 1-233 Docketed and indexed
Every judgment of the superior or district court, affecting title to real property, or requiring in whole or in part the payment of money, shall...
- § 1-234 Where and how docketed; lien
Upon the entry of a judgment under G.S. 1A‑1, Rule 58, affecting the title of real property, or directing in whole or in part the...
- § 1-235 Of appellate division docketed in superior court; lien
It is the duty of the appropriate clerk of the appellate division, on application of the party obtaining judgment in one of the courts of...
- § 1-236 Repealed by Session Laws 1971, c. 268, s. 34
- § 1-236.1 Transcripts of judgments certified by deputy clerks validated
Each transcript of judgment from the original docket of the superior or district court of a county where the same was rendered and docketed, heretofore...
- § 1-237 Judgments of federal courts docketed; lien on property; recordation; conformity with federal law
Judgments and decrees rendered in the district courts of the United States within this State may be docketed on the judgment dockets of the superior...
- § 1-238 Repealed by Session Laws 1943, c. 543
- § 1-239 Paid to clerk; docket credited; transcript to other counties; notice to attorney for judgment creditor; judgment creditor to give notice of payment; entry of payment on docket; penalty for failure to give notice of payment
(a) Payment of money judgment to clerk's office. (1) The party against whom a judgment for the payment of money is rendered by any court...
- § 1-239.1 Records of cancellation, assignment, etc., of judgments recorded by photographic process
In all cases where the governing authority of any county has caused the instruments or documents filed for record in the office of the clerk...
- § 1-240 Repealed by Session Laws 1967, c. 847, s. 2
- § 1-241 Clerk to pay money to party entitled
The clerk, to whom money is paid as aforesaid, shall pay it to the party entitled to receive it, under the same rules and penalties...
- § 1-242 Credits upon judgments
If payment is made on a judgment docketed in the office of the clerk of the superior court and no entry is made on the...
- § 1-243 For money due on judicial sale
The Supreme and other courts ordering a judicial sale, or having possession of bonds taken on such sale, may, on motion, after ten days' notice...
- § 1-244 Repealed by Session Laws 1971, c. 268, s. 34
- § 1-245 Cancellation of judgments discharged through bankruptcy proceedings
When a referee in bankruptcy furnishes the clerk of the superior court of any county in this State a written statement or certificate to the...
- § 1-246 Assignment of judgment to be entered on judgment docket, signed and witnessed
No assignment of judgment shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the donor,...
Article 24 - Confession of Judgment.
Article 25 - Submission of Controversy without Action.
Article 26 - Declaratory Judgments.
- § 1-253 Courts of record permitted to enter declaratory judgments of rights, status and other legal relations
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or...
- § 1-254 Courts given power of construction of all instruments
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected...
- § 1-255 Who may apply for a declaration
Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust,...
- § 1-256 Enumeration of declarations not exclusive
The enumeration in G.S. 1‑254 and 1‑255 does not limit or restrict the exercise of the general powers conferred in G.S. 1‑253 in any proceedings...
- § 1-257 Discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate...
- § 1-258 Review
All orders, judgment and decrees under this Article may be reviewed as other orders, judgments and decrees. (1931, c. 102, s. 6.)
- § 1-259 Supplemental relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a...
- § 1-260 Parties
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and...
- § 1-261 Jury trial
When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as issues...
- § 1-262 Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear
Proceedings under this Article shall be tried at a session of court, as in other civil actions. If no issues of fact are raised, or...
- § 1-263 Costs
In any proceeding under this article the court may make such award of costs as may seem equitable and just. (1931, c. 102, s. 11.)
- § 1-264 Liberal construction and administration
This Article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status,...
- § 1-265 Word "person" construed
The word "person" wherever used in this Article, shall be construed to mean any person, State agency, partnership, joint‑stock company, unincorporated association, or society, or...
- § 1-266 Uniformity of interpretation
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it,...
- § 1-267 Short title
This Article may be cited as the Uniform Declaratory Judgment Act. (1931, c. 102, s. 16.)
Article 26A - Three-Judge Panel for Redistricting Challenges.
Article 26B - Distribution of Unpaid Residuals in Class Action Litigation.
Article 27 - Appeal.
- § 1-268 Writs of error abolished
Writs of error in civil actions are abolished, and the only mode of reviewing a judgment, or order, in a civil action, is that prescribed...
- § 1-269 Certiorari, recordari, and supersedeas
Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an appeal,...
- § 1-270 Appeal to appellate division; security on appeal; stay
Cases shall be taken to the appellate division by appeal, as provided by law. All provisions in this Article as to the security to be...
- § 1-271 Who may appeal
Any party aggrieved may appeal in the cases prescribed in this Chapter. A party who cross assigns error in the grant or denial of a...
- § 1-272 through 1-276 Repealed by Session Laws 1999-216, s. 2
- § 1-277 Appeal from superior or district court judge
(a) An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a...
- § 1-278 Interlocutory orders reviewed on appeal from judgment
Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment. (C.C.P., s. 313; Code,...
- § 1-279 Repealed by Session Laws 1989, c.377, s. 1
- § 1-279.1 Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings
Any party entitled by law to appeal from a judgment or order rendered by a judge in superior or district court in a civil action...
- § 1-280 Repealed by Session Laws 1975, c. 391, s. 4
- § 1-281 Appeals from judgments not in session
When appeals are taken from judgments of the clerk or judge not made in session, the clerk is authorized to make any and all necessary...
- § 1-282 Repealed by Session Laws 1975, c. 391, s. 7
- § 1-283 Trial judge empowered to settle record on appeal; effect of leaving office or of disability
Except as provided in this section, only the judge of superior court or of district court from whose order or judgment an appeal has been...
- § 1-284 Repealed by Session Laws 1975, c. 391, s. 9
- § 1-285 Undertaking on appeal
(a) To render an appeal effectual for any purpose in a civil cause or special proceeding, a written undertaking must be executed on the part...
- § 1-286 Justification of sureties
The written undertaking on appeal must be accompanied by the affidavit of one of the sureties that he is worth double the amount specified therein....
- § 1-287 Repealed by Session Laws 1975, c. 391, s. 2
- § 1-287.1 Repealed by Session Laws 1975, c. 391, s. 10
- § 1-288 Appeals by indigents; clerk's fees
When any party to a civil action tried and determined in the superior or district court at the time of trial or special proceeding desires...
- § 1-289 Undertaking to stay execution on money judgment
(a) If the appeal is from a judgment directing the payment of money, it does not stay the execution of the judgment unless a written...
- § 1-290 How judgment for personal property stayed
If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment is not stayed by appeal,...
- § 1-291 How judgment directing conveyance stayed
If the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment is not stayed by the appeal...
- § 1-292 How judgment for real property stayed
If the judgment appealed from directs the sale or delivery of possession of real property, the execution is not stayed, unless a bond is executed...
- § 1-293 Docket entry of stay
When an appeal from a judgment is pending, and the undertaking requisite to stay execution on the judgment has been given, and the appeal perfected,...
- § 1-294 Scope of stay; security limited for fiduciaries
When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or...
- § 1-295 Undertaking in one or more instruments; served on appellee
The undertakings may be in one instrument or several, at the option of the appellant; and a copy, including the names and residences of the...
- § 1-296 Judgment not vacated by stay
The stay of proceedings provided for in this Article shall not be construed to vacate the judgment appealed from, but in all cases such judgment...
- § 1-297 Judgment on appeal and on undertakings; restitution
Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify the judgment or order appealed from, in the respect...
- § 1-298 Procedure after determination of appeal
In civil cases, at the first session of the superior or district court after a certificate of the determination of an appeal is received, if...
- § 1-299 through 1-301 Repealed by Session Laws 1971, c. 268, s. 34
Article 27A - Appeals and Transfers From the Clerk.
Article 28 - Execution.
- § 1-302 Judgment enforced by execution
Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution,...
- § 1-303 Kinds of; signed by clerk; when sealed
There are three kinds of execution: one against the property of the judgment debtor, another against his person, and the third for the delivery of...
- § 1-304 Against married woman
An execution may issue against a married woman, and it must direct the levy and collection of the amount of the judgment against her from...
- § 1-305 Clerk to issue, in six weeks; penalty; limitations on issuance
(a) Subject to the provisions of G.S. 1A‑1 (Rule 62) and subsection (b) below, the clerk of superior court shall issue executions on all unsatisfied...
- § 1-306 Enforcement as of course
The party in whose favor judgment is given, and in case of his death, his personal representatives duly appointed, may at any time after the...
- § 1-307 Issued from and returned to court of rendition
Executions and other process for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the execution...
- § 1-308 To what counties issued
When the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county where the judgment is...
- § 1-309 Sale of land under execution
Real property adjudged to be sold must be sold in the county where it lies, by the sheriff of the county or by a referee...
- § 1-310 When dated and returnable
Executions shall be dated as of the day on which they were issued, and shall be returnable to the court from which they were issued...
- § 1-311 Against the person
If the action is one in which the defendant might have been arrested, an execution against the person of the judgment debtor may be issued...
- § 1-312 Rights against property of defendant dying in execution
Parties at whose suit the body of a person is taken in execution for a judgment recovered, their executors or administrators, may after the death...
- § 1-313 Form of execution
The execution must be directed to the sheriff, or to the coroner when the sheriff is a party to or interested in the action. In...
- § 1-314 Variance between judgment and execution
When property has been sold by an officer by virtue of an execution or other process commanding sale, no variance between the execution and the...
- § 1-315 Property liable to sale under execution; bill of sale
(a) The following property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and...
- § 1-316 Sale of trust estates; purchaser's title
Upon the sale under execution of trust estates whereof the judgment debtor is beneficiary the sheriff shall execute a deed to the purchaser, and the...
- § 1-317 Sheriff's deed on sale of equity of redemption
The sheriff selling equitable and legal rights of redemption shall set forth in the deed to the purchaser thereof that the said estates were under...
- § 1-318 Forthcoming bond for personal property
If a sheriff or other officer who has levied an execution or other process upon personal property permits it to remain with the possessor, the...
- § 1-319 Procedure on giving bond; subsequent levies
When the forthcoming bond is taken the officer must specify therein the property levied upon and furnished to the surety a list of the property...
- § 1-320 Summary remedy on forthcoming bond
If the condition of such bond be broken, the sheriff or other officer, on giving 10 days' previous notice in writing to any obligor therein,...
- § 1-321 Entry of returns on judgment docket; penalty
When an execution is returned, the return of the sheriff or other officer must be noted by the clerk on the judgment docket; and when...
- § 1-322 Cost of keeping livestock; officer's account
The court shall make a reasonable allowance to officers for keeping and maintaining horses, cattle, hogs, or sheep, and all other property taken into their...
- § 1-323 Purchaser of defective title; remedy against defendant
Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is made...
- § 1-324 Repealed by Session Laws 1949, c. 719, s. 2
- § 1-324.1 Judgment against corporation; property subject to execution
If a judgment is rendered against a corporation, the plaintiff may sue out such executions against its property as is provided by law to be...
- § 1-324.2 Agent must furnish information as to corporate officers and property
Every agent or person having charge or control of any property of the corporation, on request of a public officer having for service a writ...
- § 1-324.3 Shares subject to execution; agent must furnish information
Any share or interest in any bank, insurance company, or other joint stock company, that is or may be incorporated under the authority of this...
- § 1-324.4 Debts due corporation subject to execution; duty, etc., of agent
If an officer holding an execution is unable to find other property belonging to the corporation liable to execution, he or the judgment creditor may...
- § 1-324.5 Violations of three preceding sections misdemeanor
If any agent or person having charge or control of any property of a corporation, or any clerk, cashier, or other officer of a corporation,...
- § 1-324.6 Proceedings when custodian of corporate books is a nonresident
When the clerk, cashier, or other officer of any corporation incorporated under the laws of this State, who has the custody of the stock‑registry books,...
- § 1-324.7 Duty and liability of nonresident custodian
The nonresident clerk, cashier, or other officer in such corporation, to whom notice in writing is sent as prescribed in G.S. 1‑324.6, shall send forthwith...
Article 29 - Execution and Judicial Sales.
- § 1-325 through 1-328 Repealed by Session Laws 1949, c. 719, s. 2
- § 1-329 Transferred to § 1-339.72 by Session Laws 1949, c. 719, s. 3
- § 1-330 Repealed by Session Laws 1949, c. 719, s. 2
- § 1-331 Transferred to § 1-339.73 by Session Laws 1949, c. 719, s. 3
- § 1-332 Transferred to § 1-339.74 by Session Laws 1949, c. 719, s. 3
- § 1-333 through 1-334 Repealed by Session Laws 1949, c. 719, s. 2
- § 1-335 Transferred to § 1-339.75 by Session Laws 1949, c. 719, s. 3
- § 1-336 Repealed by Session Laws 1949, c. 719, s. 2
- § 1-337 Transferred to § 1-339.49 by Session Laws 1949, c. 719, s. 2
- § 1-338 Transferred to § 1-339.50 by Session Laws 1949, c. 719, s. 2
- § 1-339 Repealed by Session Laws 1949, c. 719, s. 2
Article 29A - Judicial Sales.
- § 1-339.1 Definitions
(a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in...
- § 1-339.2 Application of Part 1
The provisions of Part 1 of this Article apply to both public and private sales except where otherwise indicated. (1949, c. 719, s. 1.)
- § 1-339.3 Application of Article to sale ordered by clerk; by judge; authority to fix procedural details
(a) The procedure prescribed by this Article applies to all sales ordered by a clerk of the superior court. (b) The procedure prescribed by this...
- § 1-339.3A Judge or clerk may order public or private sale
The judge or clerk of court having jurisdiction has authority in his discretion to determine whether a sale of either real or personal property shall...
- § 1-339.4 Who may hold sale
An order of sale may authorize the persons designated below to hold the sale: (1) In any proceeding, a commissioner specially appointed therefor; (2) In...
- § 1-339.5 Days on which sale may be held
A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
- § 1-339.6 Place of public sale
(a) Every public sale of real property shall be held in the county where the property is situated unless the property consists of a single...
- § 1-339.7 Presence of personal property at public sale required
The person holding a public sale of personal property shall have the property present at the place of sale unless the order of sale provides...
- § 1-339.8 Public sale of separate tracts in different counties
(a) When an order of public sale directs the sales of separate tracts of real property situated in different counties, exclusive jurisdiction over the sale...
- § 1-339.9 Sale as a whole or in parts
(a) When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the...
- § 1-339.10 Bond of person holding sale
(a) Whenever a commissioner specially appointed or a trustee in a deed of trust is ordered to sell property, the judge or clerk of court...
- § 1-339.11 Compensation of person holding sale
(a) If the person holding a sale is a commissioner specially appointed or a trustee in a deed of trust, the judge or clerk of...
- § 1-339.12 Clerk's authority to compel report or accounting; contempt proceeding
Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account, the...
- § 1-339.13 Public sale; order of sale
(a) Whenever a public sale is ordered, the order of sale shall (1) Designate the person authorized to hold the sale; (2) Direct that the...
- § 1-339.13A Public sale of timber by sealed bid; appraisal; bid procedure
(a) When a sale of timber by sealed bid is ordered, the person holding the sale, before giving notice of the sale, shall: (1) Obtain...
- § 1-339.14 Public sale; judge's approval of clerk's order of sale
An order of public sale of personal property in which a minor or incompetent has an interest, which is made by a clerk of the...
- § 1-339.15 Public sale; contents of notice of sale
The notice of public sale shall: (1) Refer to the order authorizing the sale; (2) If the sale is to be by public auction, designate...
- § 1-339.16 Public sale; time for beginning advertisement
An order of sale may provide for the beginning of the advertisement of sale at any time after the order is issued. If the order...
- § 1-339.17 Public sale; posting and publishing notice of sale of real property
(a) Subject to subsection (d) of this section, notice of public sale of real property shall: (1) Be posted, in the area designated by the...
- § 1-339.18 Public sale; posting notice of sale of personal property
(a) The notice of public sale of personal property, except in the case of perishable property as provided by G.S. 1‑339.19, shall be posted, in...
- § 1-339.19 Public sale; exception; perishable property
If personal property to be sold at public sale is determined by the judge or clerk of court having jurisdiction to be perishable property because...
- § 1-339.20 Public sale; postponement of sale
(a) A person authorized to hold a public sale by auction may postpone the sale to a day certain not later than six days, exclusive...
- § 1-339.21 Public sale by auction; time of sale
(a) A public sale by auction shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not...
- § 1-339.22 Public sale by auction; continuance of uncompleted sale
A public sale by auction commenced but not completed within the time allowed by G.S. 1‑339.21 shall be continued by the person holding the sale...
- § 1-339.23 Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale
(a) When any person interested as a creditor, legatee, distributee, or otherwise, in the proceeds of a public sale of personal property, objects at the...
- § 1-339.24 Public sale; report of sale; when final as to personal property
(a) The person holding a public sale shall, within five days after the date of the sale if the sale was by auction, or within...
- § 1-339.25 Public sale; upset bid on real property; compliance bond
(a) An upset bid is an advanced, increased, or raised bid in a public sale by auction whereby a person offers to purchase real property...
- § 1-339.26 Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure
When real property is sold at public sale by auction in parts, as provided by G.S. 1‑339.9, the sale of any part shall be subject...
- § 1-339.27 Repealed by Session Laws 2001-271, s. 6
- § 1-339.27A Ordering resale of real property after sale or upset bid
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the judge or clerk having...
- § 1-339.28 Public sale; confirmation of sale
(a) No public sale of real property may be consummated until confirmed as follows: (1) If a public sale is ordered by a judge of...
- § 1-339.29 Public sale; real property; deed; order for possession
(a) Upon confirmation of a public sale of real property, the person authorized to hold the sale, or such other person as may be designated...
- § 1-339.30 Public sale; failure of bidder to make cash deposit or to comply with bid; resale
(a) If an order of public sale by auction requires the highest bidder to make a cash deposit at the sale, and the highest bidder...
- § 1-339.31 Public sale; report of commissioner or trustee in deed of trust
(a) A commissioner or a trustee in a deed of trust, authorized pursuant to G.S. 1‑339.4 to hold a public sale of property, shall, in...
- § 1-339.32 Public sale; final report of person, other than commissioner or trustee in deed of trust
An administrator, executor or collector of a decedent's estate, or a receiver, or a guardian or trustee of a minor's or incompetent's estate, or an...
- § 1-339.33 Private sale; order of sale
Whenever a private sale is ordered, the order of sale shall (1) Designate the person authorized to make the sale; (2) Describe real property to...
- § 1-339.34 Private sale; exception; certain personal property
(a) Notwithstanding any provisions of this Article, property described below may be sold at private sale at the current market price after first obtaining an...
- § 1-339.35 Private sale; report of sale
(a) The person holding a private sale shall, within five days after the date of the sale, file a report with the clerk of the...
- § 1-339.36 Private sale; upset bid; subsequent procedure
(a) Every private sale of real or personal property, except a sale of personal property as provided by G.S. 1‑339.34, is subject to an upset...
- § 1-339.37 Private sale; confirmation
If no upset bid for property sold at private sale is submitted within 10 days after the report of sale or the last notice of...
- § 1-339.38 Private sale; real property; deed; order for possession
(a) Upon confirmation of a private sale of real property, the person authorized to hold the sale, or such other person as may be designated...
- § 1-339.39 Private sale; personal property; delivery; bill of sale
Upon compliance by the purchaser with the terms of a private sale of personal property, and upon confirmation of the sale when confirmation is required...
- § 1-339.40 Private sale; final report
(a) A commissioner or a trustee in a deed of trust authorized pursuant to G.S. 1‑339.4 to hold a private sale of property shall make...
Article 29B - Execution Sales.
- § 1-339.41 Definitions
(a) An execution sale is a sale of property by a sheriff or other officer made pursuant to an execution. (b) As used in this...
- § 1-339.42 Clerk's authority to fix procedural details
The clerk of the superior court who issues an execution has authority to fix and determine all necessary procedural details with respect to sales in...
- § 1-339.43 Days on which sale may be held
A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
- § 1-339.44 Place of sale
(a) Every sale of real property shall be held at the courthouse door in the county where the property is situated unless the property consists...
- § 1-339.45 Presence of personal property at sale required
A sheriff holding a sale of personal property shall have the property present at the place of sale. (1949, c. 719, s. 1.)
- § 1-339.46 Sale as a whole or in parts
When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the sheriff...
- § 1-339.47 Sale to be made for cash
Every sale shall be made for cash. (1949, c. 719, s. 1.)
- § 1-339.48 Life of execution
If an execution is issued on a judgment, within the time provided by G.S. 1‑306, and a sale, by authority of that execution, is commenced...
- § 1-339.49 Penalty for selling contrary to law
A sheriff or other officer who makes any sale contrary to the true intent and meaning of this Article shall forfeit two hundred dollars to...
- § 1-339.50 Officer's return of no sale for want of bidders; penalty
When a sheriff or other officer returns upon an execution that he has made no sale for want of bidders, he must state in his...
- § 1-339.51 Contents of notice of sale
The notice of sale shall (1) Refer to the execution authorizing the sale; (2) Designate the date, hour and place of sale; (3) Describe real...
- § 1-339.52 Posting and publishing notice of sale of real property
(a) The notice of sale of real property shall: (1) Be posted, in the area designated by the clerk of superior court for the posting...
- § 1-339.53 Posting notice of sale of personal property
The notice of sale of personal property, except in the case of perishable property as specified in G.S. 1‑339.56, shall be posted, in the area...
- § 1-339.54 Notice to judgment debtor of sale of real property
In addition to complying with G.S. 1‑339.52, relating to posting and publishing the notice of sale, the sheriff shall, at least ten days before the...
- § 1-339.55 Notification of Governor and Attorney General
When the State is a stockholder in any corporation whose property is to be sold under execution, notice in writing shall be given by the...
- § 1-339.56 Exception; perishable property
If, in the opinion of the sheriff, any personal property levied on under execution is perishable because subject to rapid deterioration, he shall forthwith report...
- § 1-339.57 Satisfaction of judgment before sale completed
If, prior to the time fixed for a sale, or prior to the expiration of the time allowed for submitting any upset bid, payment is...
- § 1-339.58 Postponement of sale
(a) The sheriff may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the...
- § 1-339.59 Procedure upon dissolution of order restraining or enjoining sale
(a) When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required notice...
- § 1-339.60 Time of sale
(a) A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one...
- § 1-339.61 Continuance of uncompleted sale
A sale commenced but not completed within the time allowed by G.S. 1‑339.60 shall be continued by the sheriff to a designated time between 10:00...
- § 1-339.62 Delivery of personal property; bill of sale
A sheriff holding a sale of personal property shall deliver the property to the purchaser immediately upon receipt of the purchase price. The sheriff may...
- § 1-339.63 Report of sale
(a) The sheriff shall, within five days after the date of the sale, file a report thereof with the clerk of the superior court. (b)...
- § 1-339.64 Upset bid on real property; compliance bond
(a) An upset bid is an advanced, increased, or raised bid whereby a person offers to purchase real property theretofore sold for an amount exceeding...
- § 1-339.65 Separate upset bids when real property sold in parts; subsequent procedure
When real property is sold in parts, as provided by G.S. 1‑339.46, the sale of any part shall be subject to a separate upset bid;...
- § 1-339.66 Repealed by Session Laws 2001-271, s. 16
- § 1-339.66A Ordering resale of real property after upset bid
Upon motion of an interested person filed within 10 days after a sale or upset bid and for good cause, the clerk of superior court...
- § 1-339.67 Confirmation of sale of real property
No sale of real property may be consummated until the sale is confirmed by the clerk of the superior court. No order of confirmation may...
- § 1-339.68 Deed for real property sold; property subject to liens; orders for possession
(a) Upon confirmation of a sale of real property, the sheriff, upon order of the clerk of the superior court, shall prepare and tender...
- § 1-339.69 Failure of bidder to comply with bid; resale
(a) When the highest bidder at a sale of personal property fails to pay the amount of the bid, the sheriff shall at the same...
- § 1-339.70 Disposition of proceeds of sale
(a) After deducting all sums due him on account of the sale, including the expenses incurred in caring for the property so long as his...
- § 1-339.71 Special proceeding to determine ownership of surplus
(a) A special proceeding may be instituted before the clerk of the superior court by any person claiming any money, or part thereof, paid into...
Article 29C - Validating Sections.
- § 1-339.72 Validation of certain sales
All sales of real property under execution, deed of trust, mortgage or other contracts made since February 21, 1929, where notice of the original sale...
- § 1-339.73 Ratification of certain sales held on days other than the day required by statute
All sales made prior to March 2, 1939, under execution or by order of court on any day other than the first Monday in any...
- § 1-339.74 Sales on other days validated
All sales of real or personal property made prior to February 27, 1933, by a sheriff of any county in North Carolina, in the manner...
- § 1-339.75 Certain sales validated
All sales of realty made under executions issued prior to March the fifteenth, one thousand nine hundred and one, on judgments regularly obtained in courts...
- § 1-339.76 Validation of sales when payment deferred more than two years
All sales of land conducted prior to February 10, 1927, under authority of G.S. 28‑93, in which the deferred payments were extended over a period...
- § 1-339.77 Validation of certain sales confirmed prior to time prescribed by law
From and after June 1, 1953 no action shall be brought to contest the validity of a decree filed on or before December 31, 1950,...
Article 30 - Betterments.
- § 1-340 Petition by claimant; execution suspended; issues found
A defendant against whom a judgment is rendered for land may, at any time before execution, present a petition to the court rendering the judgment,...
- § 1-341 Annual value of land and waste charged against defendant
The jury, in assessing the damages, shall estimate against the defendant the clear annual value of the premises during the time he was in possession,...
- § 1-342 Value of improvements estimated
If the jury is satisfied that the defendant, or those under whom he claims, made on the premises, at a time when there was reason...
- § 1-343 Improvements to balance rents
If the sum estimated for the improvements exceeds the damages estimated against the defendant as aforesaid, the jury shall then estimate against him for any...
- § 1-344 Verdict, judgment, and lien
After offsetting the damages assessed for the plaintiff, and the allowances to the defendant for any improvements, the jury shall find a verdict for the...
- § 1-345 Life tenant recovers from remainderman
If the plaintiff claims only an estate for life in the land recovered and pays any sum allowed to the defendant for improvements, he or...
- § 1-346 Value of premises without improvements
When the defendant claims allowance for improvements, the plaintiff may by entry on the record require that the value of his estate in the premises...
- § 1-347 Plaintiff's election that defendant take premises
The plaintiff in such case, if judgment is rendered for him, may, at any time during the same term, or before judgment is rendered on...
- § 1-348 Payment made to court; land sold on default
The payment must be made to the plaintiff, or into court for his use, and the land is bound therefor, and if the defendant fails...
- § 1-349 Procedure where plaintiff is under disability
If the party by or for whom the land is claimed in the suit is a minor or insane person, such value is deemed to...
- § 1-350 Defendant evicted, may recover from plaintiff
If the defendant, his heirs or assigns, after the premises are so relinquished to him, is evicted by force of a better title than that...
- § 1-351 Not applicable to suit by mortgagee
Nothing in this Article applies to any suit brought by a mortgagee or his heirs or assigns against a mortgagor or his heirs or assigns...
Article 31 - Supplemental Proceedings.
- § 1-352 Execution unsatisfied, debtor ordered to answer
When an execution against property of a judgment debtor, or any one of several debtors in the same judgment, issued to the sheriff of the...
- § 1-352.1 Interrogatories to discover assets
As an additional method of discovering assets of a judgment debtor, the judgment creditor may prepare and serve on the judgment debtor written interrogatories concerning...
- § 1-352.2 Additional method of discovering assets
In addition to the other provisions of this Article and as an additional method of discovering assets of a judgment debtor the clerk of the...
- § 1-353 Property withheld from execution; proceedings
After the issuing of an execution against property, and upon proof by affidavit of a party, his agent or attorney, to the satisfaction of the...
- § 1-354 Proceedings against joint debtors
Proceedings supplemental to execution may be taken upon the return of an execution unsatisfied, issued upon a judgment recovered in an action against joint debtors,...
- § 1-355 Debtor leaving State, or concealing himself, arrested; bond
Instead of the order requiring the attendance of the judgment debtor, the court or judge may, upon proof by affidavit or otherwise to his satisfaction...
- § 1-356 Examination of parties and witnesses
On examination under this Article either party may examine witnesses in his behalf, and the judgment debtor may be examined in the same manner as...
- § 1-357 Incriminating answers not privileged; not used in criminal proceedings
No person, on examination pursuant to this Article, is excused from answering any question on the ground that it will tend to convict him of...
- § 1-358 Disposition of property forbidden
The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not...
- § 1-359 Debtors of judgment debtor may satisfy execution
After the issuing of an execution against property, all persons indebted to the judgment debtor, or to any one of several debtors in the same...
- § 1-360 Debtors of judgment debtor may be summoned
Upon the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment,...
- § 1-360.1 Execution on the property of debtors of judgment debtor
After the clerk of superior court determines to the clerk's satisfaction that the debtor of the judgment debtor acknowledged at a proceeding conducted pursuant to...
- § 1-361 Where proceedings instituted and defendant examined
Proceedings supplemental to execution must be instituted in the county in which the judgment was rendered; but the place designated where the defendant must appear...
- § 1-362 Debtor's property ordered sold
The court or judge may order any property, whether subject or not to be sold under execution (except the homestead and personal property exemptions of...
- § 1-363 Receiver appointed
The court or judge having jurisdiction over the appointment of receivers may also by order in like manner, and with like authority, appoint a receiver...
- § 1-364 Filing and record of appointment; property vests in receiver
When the court or a judge grants an order for the appointment of a receiver of the property of the judgment debtor, it shall be...
- § 1-365 Where order of appointment recorded
Before the receiver is vested with any real property of the judgment debtor, a certified copy of the order of appointment must be filed and...
- § 1-366 Receiver to sue debtors of judgment debtor
If it appears that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the...
- § 1-367 Reference
The court or judge may, in his discretion, order a reference to the referee agreed upon by the parties, or appointed by him, to report...
- § 1-368 Disobedience of orders punished as for contempt
Any person, party or witness, who disobeys an order of the court or judge or referee, duly served, may be punished by the judge as...
Article 32 - Property Exempt from Execution.
Article 33 - Special Proceedings.
- § 1-393 Chapter and Rules of Civil Procedure applicable to special proceedings
The Rules of Civil Procedure and the provisions of this Chapter on civil procedure are applicable to special proceedings, except as otherwise provided. (Code, s....
- § 1-394 Contested special proceedings; commencement; summons
Special proceedings against adverse parties shall be commenced as is prescribed for civil actions. The summons shall notify the defendant or defendants to appear and...
- § 1-394.1 Special proceedings to determine authority to transfer structured settlement payment rights
When a special proceeding is commenced to obtain authorization for the transfer of structured settlement payment rights pursuant to Article 44B of this Chapter, the...
- § 1-395 Return of summons
The person to whom the summons is delivered for service shall note on it the day of its delivery to him, and, if required by...
- § 1-396 When complaint filed
The complaint or petition of the plaintiff must be filed in the clerk's office at or before the time of the issuance of the summons,...
- § 1-397 Repealed by Session Laws 1943, c. 543
- § 1-398 Filing time enlarged
The time for filing the complaint, petition, or any pleading may be enlarged by the court for good cause shown by affidavit, but may not...
- § 1-399 Repealed by Session Laws 1999-216, s.2
- § 1-400 Ex parte; commenced by petition
If all the parties in interest join in the proceeding and ask the same relief, the commencement of the proceedings shall be by petition, setting...
- § 1-401 Clerk acts summarily; signing by petitioners; authorization to attorney
In cases under G.S. 1‑400, if all persons to be affected by the decree or their attorney have signed the petition and are of full...
- § 1-402 Judge approves when petitioner is infant
If any petitioner is an infant, or the guardian of an infant, acting for him, no final order or judgment of the clerk, affecting the...
- § 1-403 Orders signed by judge
Every order or judgment in a special proceeding required to be made by a judge of the superior court, in or out of session, must...
- § 1-404 Reports of commissioners and jurors
Every order or judgment in a special proceeding imposing a duty on commissioners or jurors must prescribe the time within which the duty must be...
- § 1-405 No report set aside for trivial defect
No report or return made by any commissioners may be set aside and sent back to them or others for a new report because of...
- § 1-406 Commissioner of sale to account in sixty days
In all actions or special proceedings when a person is appointed commissioner to sell real or personal property, he shall, within 60 days after the...
- § 1-407 Commissioner holding proceeds of land sold for reinvestment to give bond
Whenever in any cause of special proceeding there is a sale of real estate for the purpose of a reinvestment of the money arising from...
- § 1-407.1 Bond required to protect interest of infant or incompetent
In the case of any sale of real estate, the court may, in its discretion, require a good and sufficient bond to protect the interests...
- § 1-407.2 When court may waive bond; premium paid from fund protected
The court, in its discretion, may waive the requirement of such bond in those cases in which the court requires the funds or proceeds from...
- § 1-408 Action in which clerk may allow fees of commissioners; fees taxed as costs
In a civil action or special proceeding commenced in the superior court in which a commissioner or commissioners are appointed under an order or judgment...
- § 1-408.1 Clerk may order surveys in civil actions and special proceedings involving sale of land
In civil actions and special proceedings commenced in the superior court before the clerk where real property is to be sold to make assets to...
Article 34 - Arrest and Bail.
- § 1-409 Arrest only as herein prescribed
No person may be arrested in a civil action except as prescribed by this Article, but this provision shall not apply to proceedings for contempt....
- § 1-410 In what cases arrest allowed
The defendant may be arrested, as hereinafter prescribed, in the following cases: (1) In an action for the recovery of damages on a cause of...
- § 1-411 Order and affidavit
An order for the arrest of the defendant must be obtained from the court in which the action is brought or a judge thereof, and...
- § 1-412 Undertaking before order
Before making the order the court or judge shall require a written undertaking on the part of the plaintiff of at least one hundred dollars...
- § 1-413 Issuance and form of order
The order may be made to accompany the summons, or to issue at any time afterwards, before judgment. It shall require the sheriff of the...
- § 1-414 Copies of affidavit and order to defendant
The affidavit and order of arrest shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver him a copy thereof. (C.C.P., s....
- § 1-415 Execution of order
The sheriff shall execute the order by arresting the defendant and keeping him in custody until discharged by law. The sheriff may call the power...
- § 1-416 Vacation of order for failure to serve
The order of arrest is of no avail, and shall be vacated or set aside on motion, unless it is served upon the defendant, as...
- § 1-417 Motion to vacate order; jury trial
A defendant arrested may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of bail....
- § 1-418 Counter affidavits by plaintiff
If the motion is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or...
- § 1-419 How defendant discharged
The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the...
- § 1-420 Defendant's undertaking
The defendant may give bail by causing a written undertaking, payable to the plaintiff, to be executed by sufficient surety to the effect that the...
- § 1-421 Defendant's undertaking delivered to clerk; exception
Within the time limited for that purpose, the sheriff shall deliver the order of arrest to the clerk of the court in which the suit...
- § 1-422 Notice of justification; new bail
On the receipt of notice of exception to the bail, the sheriff or defendant may, within 10 days thereafter, give to the plaintiff or his...
- § 1-423 Qualifications of bail
The qualifications of bail must be as follows: (1) Each of them must be a resident and freeholder within the State (2) They must each...
- § 1-424 Justification of bail
For the purpose of justification, each of the bail shall attend before the court or judge, at the time and place mentioned in the notice,...
- § 1-425 Allowance of bail
If the court or judge finds the bail sufficient, he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them to...
- § 1-426 Deposit in lieu of bail
The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. The sheriff...
- § 1-427 Deposit paid into court; liability on sheriff's bond
Within four days after the deposit the sheriff must pay it into court, and take from the officer receiving it two certificates of such payment,...
- § 1-428 Bail substituted for deposit
If money is deposited, as provided in G.S. 1‑426 and 1‑427, bail may be given and justified upon notice according to law at any time...
- § 1-429 Deposit applied to plaintiff's judgment
When money has been deposited, and remains on deposit at the time of an order or judgment for the payment of money to the plaintiff,...
- § 1-430 Defendant in jail, sheriff may take bail
If a person for want of bail is lawfully committed to jail, at any time before final judgment, the sheriff, or other officer having him...
- § 1-431 When sheriff liable as bail
If, after arrest, the defendant escapes, or is rescued, or bail is not given or justified, or a deposit is not made instead thereof, the...
- § 1-432 Action on sheriff's bond
If a judgment is recovered against the sheriff, upon his liability as bail, and an execution thereon is returned wholly or partly unsatisfied, the same...
- § 1-433 Bail exonerated
At any time before final judgment against them, the bail may be exonerated, either by the death of the defendant or his imprisonment in a...
- § 1-434 Surrender of defendant
At any time before final judgment against them, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff...
- § 1-435 Bail may arrest defendant
For the purpose of surrendering the defendant, the bail, at any time or place, before they are finally charged, may themselves arrest him, or by...
- § 1-436 Proceedings against bail by motion
In case of failure to comply with the undertaking the bail may be proceeded against by motion in the cause on 10 days' notice to...
- § 1-437 Liability of bail to sheriff
The bail taken upon the arrest are, unless they justify, or other bail are given or justified, liable to the sheriff by action for damages...
- § 1-438 When bail to pay costs
When a notice issues against a person, as the bail of another, and the bail, at or before the term of the court at which...
- § 1-439 Bail not discharged by amendment
No amendment of process or pleading discharges the bail of the party arrested thereon, unless it enlarges the sum demanded beyond the sum expressed in...
Article 35 - Attachment.
- § 1-440 Superseded by Session Laws 1947, c. 693, codified as § 1- 440.1 et seq
- § 1-440.1 Nature of attachment
(a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to...
- § 1-440.2 Actions in which attachment may be had
Attachment may be had in any action the purpose of which, in whole or in part, or in the alternative, is to secure a judgment...
- § 1-440.3 Grounds for attachment
In those actions in which attachment may be had under the provisions of G.S. 1‑440.2, an order of attachment may be issued when the defendant...
- § 1-440.4 Property subject to attachment
All of a defendant's property within this State which is subject to levy under execution, or which in supplemental proceedings in aid of execution is...
- § 1-440.5 By whom order issued; when and where; filing of bond and affidavit
(a) An order of attachment may be issued by (1) The clerk of the court in which the action has been, or is being, commenced,...
- § 1-440.6 Time of issuance with reference to summons or service by publication
(a) The order of attachment may be issued at the time the summons is issued or at any time thereafter. (b) No order of attachment...
- § 1-440.7 Time within which service of summons or service by publication must be had
(a) When an order of attachment is issued before the summons is served. (1) If personal service within the State is to be had, such...
- § 1-440.8 General provisions relative to bonds
(a) Any bond given pursuant to the provisions of this Article shall be executed by the party required to furnish the bond and by (1)...
- § 1-440.9 Authority of court to fix procedural details
The court of proper jurisdiction, before which any matter is pending under the provisions of this Article, shall have authority to fix and determine all...
- § 1-440.10 Bond for attachment
Before the court issues an order of attachment, the plaintiff must furnish a bond as follows: (1) The amount of the bond shall be such...
- § 1-440.11 Affidavit for attachment; amendment
(a) To secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit (1) In every case:...
- § 1-440.12 Order of attachment; form and contents
(a) If the matters required by G.S. 1‑440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S....
- § 1-440.13 Additional orders of attachment at time of original order; alias and pluries orders
(a) At the time the original order of attachment is issued, or thereafter, one or more additional orders, at the request of the plaintiff, may...
- § 1-440.14 Notice of issuance of order of attachment when no personal service
(a) When service of process by publication is made subsequent to the original order of attachment, the published and mailed notice of service of process...
- § 1-440.15 Method of execution
(a) The sher
