North Carolina Statutes

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.

Article 3 - Limitations, General Provisions.

Article 4 - Limitations, Real Property.

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    Within seven years an action (1) Repealed by Session Laws 1961, c. 115, s. 1.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    (a) Within six years an action (1) Repealed by Session Laws 1997‑297, s. 1.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.

Article 6A - Jurisdiction.

Article 7 - Venue.

Article 8 - Summons.

Article 9 - Prosecution Bonds.

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.

Article 20 - Reference.

Article 21 - Issues.

Article 22 - Verdict and Exceptions.

Article 23 - Judgment.

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.

Article 27A - Appeals and Transfers From the Clerk.

Article 28 - Execution.

Article 29 - Execution and Judicial Sales.

Article 29A - Judicial Sales.

Article 29B - Execution Sales.

Article 29C - Validating Sections.

Article 30 - Betterments.

Article 31 - Supplemental Proceedings.

Article 32 - Property Exempt from Execution.

Article 33 - Special Proceedings.

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.

Article 36 - Claim and Delivery.

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

Article 37 - Injunction.

Article 38 - Receivers.

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

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

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

Article 40 - Mandamus.

Article 41 - Quo Warranto.

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

Article 42 - Waste.

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

Article 43 - Nuisance and Other Wrongs.

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

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

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

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

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

Article 44 - Compromise.

Article 44A - Tender.

Article 44B - Structured Settlement Protection Act.

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

Article 45 - Arbitration and Award.

Article 45A - Arbitration and Award.

Article 45B - International Commercial Arbitration and Conciliation.

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

Article 46 - Examination before Trial.

Article 45C - Revised Uniform Arbitration Act.

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

Article 47 - Motions and Orders.

Article 48 - Notices.

Article 49 - Time.

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

Article 50 - General Provisions as to Legal Advertising.