Chapter 7A Judicial Department
Article 1 - Judicial Power and Organization
- § 7A-1 Short title
This Chapter shall be known and may be cited as the "Judicial Department Act of 1965." (1965, c. 310, s. 1.)
- § 7A-2 Purpose of Chapter
This Chapter is intended to implement Article IV of the Constitution of North Carolina and promote the just and prompt disposition of litigation by: (1)...
- § 7A-3 Judicial power; transition provisions
Except for the judicial power vested in the court for the trial of impeachments, and except for such judicial power as may from time to...
- § 7A-4 Composition and organization
The General Court of Justice constitutes a unified judicial system for purposes of jurisdiction, operation and administration, and consists of an appellate division, a superior...
Article 1A - Reserved
Article 1B - Age Limits for Service as Justice or Judge.
Article 2 - Appellate Division Organization.
Article 3 - The Supreme Court.
Article 4 - Court of Appeals.
Article 5 - Jurisdiction.
- § 7A-25 Original jurisdiction of the Supreme Court
The Supreme Court has original jurisdiction to hear claims against the State, but its decisions shall be merely recommendatory; no process in the nature of...
- § 7A-26 Appellate jurisdiction of the Supreme Court and the Court of Appeals
The Supreme Court and the Court of Appeals respectively have jurisdiction to review upon appeal decisions of the several courts of the General Court of...
- § 7A-27 Appeals of right from the courts of the trial divisions
(a) Appeal lies of right directly to the Supreme Court in all cases in which the defendant is convicted of murder in the first degree...
- § 7A-28 Decisions of Court of Appeals on post-trial motions for appropriate relief final or valuation of exempt property
(a) Decisions of the Court of Appeals upon review of motions for appropriate relief listed in G.S. 15A‑1415(b) are final and not subject to further...
- § 7A-29 Appeals of right from certain administrative agencies
(a) From any final order or decision of the North Carolina Utilities Commission not governed by subsection (b) of this section, the Department of Health...
- § 7A-30 Appeals of right from certain decisions of the Court of Appeals
Except as provided in G.S. 7A‑28, an appeal lies of right to the Supreme Court from any decision of the Court of Appeals rendered in...
- § 7A-31 Discretionary review by the Supreme Court
(a) In any cause in which appeal is taken to the Court of Appeals, except a cause appealed from the North Carolina Industrial Commission, the...
- § 7A-32 Power of Supreme Court and Court of Appeals to issue remedial writs
(a) The Supreme Court and the Court of Appeals have jurisdiction, exercisable by any one of the justices or judges of the respective courts, to...
- § 7A-33 Supreme Court to prescribe appellate division rules of practice and procedure
The Supreme Court shall prescribe rules of practice and procedure designed to procure the expeditious and inexpensive disposition of all litigation in the appellate division....
- § 7A-34 Rules of practice and procedure in trial courts
The Supreme Court is hereby authorized to prescribe rules of practice and procedure for the superior and district courts supplementary to, and not inconsistent with,...
- § 7A-34.1 Unnecessary cover sheets
A cover sheet summarizing the critical elements of the filing in a format prescribed by the Administrative Office of the Courts shall not be required...
- § 7A-35 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-36 Repealed by Session Laws 1969, c. 1190, s. 57
- § 7A-37 Repealed by Session Laws 1993, c. 553, s. 1
- § 7A-37.1 Statewide court-ordered, nonbinding arbitration in certain civil actions
(a) The General Assembly finds that court‑ordered, nonbinding arbitration may be a more economical, efficient and satisfactory procedure to resolve certain civil actions than by...
- § 7A-38 Repealed by Session Laws 1995, c. 500, s. 3
- § 7A-38.1 Mediated settlement conferences in superior court civil actions
(a) Purpose. The General Assembly finds that a system of court‑ordered mediated settlement conferences should be established to facilitate the settlement of superior court civil...
- § 7A-38.2 Regulation of mediators and other neutrals
(a) The Supreme Court may adopt standards of conduct for mediators and other neutrals who are certified or otherwise qualified pursuant to G.S. 7A‑38.1, 7A‑38.3,...
- § 7A-38.3 Prelitigation mediation of farm nuisance disputes
(a) Definitions. As used in this section: (1) "Farm nuisance dispute" means a claim that the farming activity of a farm resident constitutes a nuisance....
- § 7A-38.3A Prelitigation mediation of insurance claims
(a) Initiation of Mediation. Prelitigation mediation of an insurance claim may be initiated by an insurer that has provided the policy limits in accordance with...
- § 7A-38.3B Mediation in matters within the jurisdiction of the clerk of superior court
(a) Purpose. The General Assembly finds that the clerk of superior court in the General Court of Justice should have the discretion and authority to...
- § 7A-38.3C Repealed by Session Laws 2007-491, s. 4, effective August 21, 2007
- § 7A-38.3D Mediation in matters within the jurisdiction of the district criminal courts
(a) Purpose. The General Assembly finds that it is in the public interest to promote high standards for persons who mediate matters in district criminal...
- § 7A-38.4 Repealed by Session Laws 2001-320, s. 1
- § 7A-38.4A Settlement procedures in district court actions
(a) The General Assembly finds that a system of settlement events should be established to facilitate the settlement of district court actions involving equitable distribution,...
- § 7A-38.5 Community mediation centers
(a) The General Assembly finds that it is in the public interest to encourage the establishment of community mediation centers, also known as dispute settlement...
- § 7A-38.6 Report on community mediation centers
(a) All community mediation centers currently receiving State funds shall report annually to the Mediation Network of North Carolina on the program's funding and activities,...
- § 7A-38.7 Dispute resolution fee for cases resolved in mediation
(a) In each criminal case filed in the General Court of Justice that is resolved through referral to a community mediation center, a dispute resolution...
- § 7A-39 Cancellation of court sessions and closing court offices; extension of statutes of limitations in catastrophic conditions
(a) Cancellation of Court Sessions, Closing Court Offices. In response to adverse weather or other emergency situations, any session of any court of the General...
Article 6 - Retirement of Justices and Judges of the Appellate Division; Retirement Compensation; Recall to Emergency Service; Disability Retirement.
Article 7 - Organization.
- § 7A-40 Composition; judicial powers of clerk
The Superior Court Division of the General Court of Justice consists of the several superior courts of the State. The clerk of superior court in...
- § 7A-41 Superior court divisions and districts; judges
(a) (Effective until January 1, 2009) The counties of the State are organized into judicial divisions and superior court districts, and each superior court district...
- § 7A-41.1 District and set of districts defined; senior resident superior court judges and their authority
(a) In this section and in any other law which refers to this section: (1) "District" means any superior court district established by G.S. 7A‑41...
- § 7A-41.2 Nomination and election of regular superior court judges
Candidates for the office of regular superior court judge shall be both nominated and elected by the qualified voters of the superior court district for...
- § 7A-42 Sessions of superior court in cities other than county seats
(a) Sessions of the superior court shall be held in each city in the State which is not a county seat and which has a...
- § 7A-43 Reserved for future codification purposes
- § 7A-43.1 through 7A-43.3 Repealed by Session Laws 1967, c. 1049, s. 6
- § 7A-44 Salary and expenses of superior court judge
(a) A judge of the superior court, regular or special, shall receive the annual salary set forth in the Current Operations Appropriations Act, and in...
- § 7A-44.1 Secretarial and clerical help
(a) Each senior resident superior court judge may appoint a judicial secretary to serve at his pleasure and under his direction the secretarial and clerical...
- § 7A-45 Repealed by Session Laws 1987, c. 509, s. 7, effective January 1, 1989
- § 7A-45.1 Special judges
(a) Effective November 1, 1993, the Governor may appoint two special superior court judges to serve terms expiring September 30, 2000. Effective October 1, 2000,...
- § 7A-45.2 Emergency special judges of the superior court; qualifications, appointment, removal, and authority
(a) Any justice or judge of the appellate division of the General Court of Justice who: (1) Retires under the provisions of the Consolidated Judicial...
- § 7A-45.3 Superior court judges designated for complex business cases
The Chief Justice may exercise the authority under rules of practice prescribed pursuant to G.S. 7A‑34 to designate one or more of the special superior...
- § 7A-45.4 Designation of mandatory complex business cases
(a) A mandatory complex business case is an action that involves a material issue related to: (1) The law governing corporations, except charitable and religious...
- § 7A-46 Special sessions
Whenever it appears to the Chief Justice of the Supreme Court that there is need for a special session of superior court in any county,...
- § 7A-47 Powers of regular judges holding courts by assignment or exchange
A regular superior court judge, duly assigned to hold the courts of a county, or holding such courts by exchange, shall have the same powers...
- § 7A-47.1 Jurisdiction in vacation or in session
In any case in which the superior court in vacation has jurisdiction, and all the parties unite in the proceedings, they may apply for relief...
- § 7A-47.2 Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1037,s. 8
- § 7A-47.3 Rotation and assignment; sessions
(a) To effect the intent of Article IV, Section 11 of the North Carolina Constitution, each regular resident superior court judge may, upon each rotation,...
- § 7A-48 Jurisdiction of emergency judges
Emergency superior court judges have the same power and authority in all matters whatsoever, in the courts which they are assigned to hold, that regular...
- § 7A-49 Orders returnable to another judge; notice
When any special or emergency judge makes any matter returnable before him, and thereafter he is called upon by the Chief Justice to hold court...
- § 7A-49.1 Disposition of motions when judge disqualified
Whenever a judge before whom a motion is made, either in open court or in chambers, disqualifies himself from determining it, he may in his...
- § 7A-49.2 Civil business at criminal sessions; criminal business at civil sessions
(a) At criminal sessions of court, motions in civil actions may be heard upon due notice, and trials in civil actions may be heard by...
- § 7A-49.3 Repealed by Session Laws 1999-428, s. 2
- § 7A-49.4 Superior court criminal case docketing
(a) Criminal Docketing. Criminal cases in superior court shall be calendared by the district attorney at administrative settings according to a criminal case docketing plan...
- § 7A-49.5 Statewide electronic filing in courts
(a) The General Assembly finds that the electronic filing of pleadings and other documents required to be filed with the courts may be a more...
Article 8 - Retirement of Judges of the Superior Court; Retirement Compensation for Superior Court Judges; Recall to Emergency Service of Judges of the District and Superior Court; Disability Retirement for Judges of the Superior Court.
Article 9 - District Attorneys and Judicial Districts.
- § 7A-60 District attorneys and prosecutorial districts
(a) The State shall be divided into prosecutorial districts, as shown in subsection (a1) of this section. There shall be a district attorney for each...
- § 7A-61 Duties of district attorney
The district attorney shall prepare the trial dockets, prosecute in a timely manner in the name of the State all criminal actions and infractions requiring...
- § 7A-62 Acting district attorney
When a district attorney becomes for any reason unable to perform his duties, the Governor shall appoint an acting district attorney to serve during the...
- § 7A-63 Assistant district attorneys
Each district attorney shall be entitled to the number of full‑time assistant district attorneys set out in this Subchapter, to be appointed by the district...
- § 7A-64 Temporary assistance for district attorneys
(a) A district attorney may apply to the Director of the Administrative Office of the Courts to: (1) Temporarily assign an assistant district attorney from...
- § 7A-65 Compensation and allowances of district attorneys and assistant district attorneys
(a) The annual salary of: (1) District attorneys shall be as provided in the Current Operations Appropriations Act. (2) Full‑time assistant district attorneys shall be...
- § 7A-66 Removal of district attorneys
The following are grounds for suspension of a district attorney or for his removal from office: (1) Mental or physical incapacity interfering with the performance...
- § 7A-66.1 Office of solicitor may be denominated as office of district attorney; "solicitor" and "district attorney" made interchangeable; interchangeable use authorized in proceedings, documents, and quotations
(a) The constitutional office of solicitor may be denominated as the office of "district attorney" for all purposes, and the terms "solicitor" and "district attorney"...
- § 7A-67 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-68 Administrative assistants
(a) Each district attorney shall be entitled to one administrative assistant to be appointed by the district attorney and to serve at his pleasure. The...
- § 7A-69 (Effective until January 1, 2009) Investigatorial assistants
The district attorney in prosecutorial districts 1, 3B, 4, 5, 7, 8, 11, 12, 13, 14, 15A, 15B, 16A, 18, 19B, 20A, 20B, 21, 22A,...
- § 7A-69.1 Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 998, s. 3
Article 10 - Reserved
Article 11 - Special Regulations.
Article 12 - Clerk of Superior Court.
- § 7A-100 Election; term of office; oath; vacancy; office and office hours; appointment of acting clerk
(a) A clerk of the superior court for each county shall be elected by the qualified voters thereof, to hold office for a term of...
- § 7A-101 Compensation
(a) The clerk of superior court is a full‑time employee of the State and shall receive an annual salary, payable in equal monthly installments, based...
- § 7A-102 Assistant and deputy clerks; appointment; number; salaries; duties
(a) The numbers and salaries of assistant clerks, deputy clerks, and other employees in the office of each clerk of superior court shall be determined...
- § 7A-102.1 Transfer of sick leave earned as county or municipal employees by certain employees in offices of clerks of superior court
(a) All assistant clerks, deputy clerks and other employees of the clerks of the superior court of this State, secretaries to superior court judges and...
- § 7A-103 Authority of clerk of superior court
The clerk of superior court is authorized to: (1) Issue subpoenas to compel the attendance of any witness residing or being in the State, or...
- § 7A-104 Disqualification; waiver; removal; when judge acts
(a) The clerk shall not exercise any judicial powers in relation to any estate, proceeding, or civil action: (1) If he has, or claims to...
- § 7A-105 Suspension, removal, and reinstatement of clerk
A clerk of superior court may be suspended or removed from office for willful misconduct or mental or physical incapacity, and reinstated, under the same...
- § 7A-106 Custody of records and property of office
(a) It is the duty of the clerk of superior court, upon going out of office for any reason, to deliver to his successor, or...
- § 7A-107 Bonds of clerks, assistant and deputy clerks, and employees of office
The Administrative Officer of the Courts shall require, or purchase, in such amounts as he deems proper, individual or blanket bonds for any and all...
- § 7A-108 Accounting for fees and other receipts; annual audit
The Administrative Office of the Courts, subject to the approval of the State Auditor, shall establish procedures for the receipt, deposit, protection, investment, and disbursement...
- § 7A-109 Record-keeping procedures
(a) Each clerk shall maintain such records, files, dockets and indexes as are prescribed by rules of the Director of the Administrative Office of the...
- § 7A-109.1 List of prisoners furnished to judges
(a) The clerk of superior court must furnish to each judge presiding over a criminal court a report listing the name, reason for confinement, period...
- § 7A-109.2 (Contingent expiration date - see notes) Records of dispositions in criminal cases
(a) Each clerk of superior court shall ensure that all records of dispositions in criminal cases, including those records filed electronically, contain all the essential...
- § 7A-109.3 Delivery of commitment order
(a) Whenever the district court sentences a person to imprisonment and commitment to the custody of the Department of Correction pursuant to G.S. 15A‑1352, the...
- § 7A-109.4 Records of offenses involving impaired driving
The clerk of superior court shall maintain all records relating to an offense involving impaired driving as defined in G.S. 20‑4.01(24a) for a minimum of...
- § 7A-110 List of attorneys furnished to Secretary of Revenue
On or before the first of May each year the clerk of superior court shall certify to the Secretary of Revenue the names and addresses...
- § 7A-111 Receipt and disbursement of insurance and other moneys for minors and incapacitated adults
(a) When a minor under 18 years of age is named beneficiary in a policy or policies of insurance, and the insured dies prior to...
- § 7A-112 Investment of funds in clerk's hands
(a) The clerk of the superior court may in his discretion invest moneys secured by virtue or color of the clerk's office or as receiver...
- § 7A-112.1 Deposit of money held by clerks
The clerk of superior court shall deposit any funds that he receives by virtue of his office, except funds invested pursuant to G.S. 7A‑112, in...
- § 7A-113 Bookkeeping and accounting systems equipment
Notwithstanding the provisions of G.S. 147‑64.6(10), proposed changes in the kinds of bookkeeping and accounting systems equipment employed by the clerk of superior court shall...
- § 7A-114 Where practical, provision of secure area for domestic violence victims waiting for hearing
Where practical, upon request of a domestic violence victim, the clerk of Superior Court of any county shall coordinate with the county Sheriff to make...
- § 7A-115 through 7A-129 Reserved for future codification purposes
Article 13 - Creation and Organization of the District Court Division.
- § 7A-130 Creation of district court division and district court districts; seats of court
The district court division of the General Court of Justice is hereby created. It consists of various district courts organized in territorial districts. The numbers...
- § 7A-131 Establishment of district courts
District courts are established, within districts, in accordance with the following schedule: (1) On the first Monday in December, 1966, the first, the twelfth, the...
- § 7A-132 Judges, district attorneys, full-time assistant district attorneys and magistrates for district court districts
Each district court district shall have one or more judges and one district attorney. Each county within each district shall have at least one magistrate....
- § 7A-133 Numbers of judges by districts; numbers of magistrates and additional seats of court, by counties
(a) (Contingently effective January 1, 2008, until January 1, 2009; see Editor's note for contingency regarding Districts 11, 12, and 18 ) Each district court...
- § 7A-134 Repealed by Session Laws 1973, c. 1339, s. 2
- § 7A-135 Transfer of pending cases when present inferior courts replaced by district courts
On the date that the district court is established in any county, cases pending in the inferior court or courts of that county shall be...
- § 7A-136 through 7A-139 Reserved for future codification purposes
Article 14 - District Judges.
- § 7A-140 Number; election; term; qualification; oath
There shall be at least one district judge for each district. Each district judge shall be elected by the qualified voters of the district court...
- § 7A-141 Designation of chief judge; assignment of judge to another district for temporary or specialized duty
When more than one judge is authorized in a district, the Chief Justice of the Supreme Court shall designate one of the judges as chief...
- § 7A-142 Vacancies in office
A vacancy in the office of district judge shall be filled for the unexpired term by appointment of the Governor from nominations submitted by the...
- § 7A-143 Repealed by Session Laws 1973, c. 148, s. 6
- § 7A-144 Compensation
(a) Each judge shall receive the annual salary provided in the Current Operations Appropriations Act, and reimbursement on the same basis as State employees generally,...
- § 7A-145 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-146 Administrative authority and duties of chief district judge
The chief district judge, subject to the general supervision of the Chief Justice of the Supreme Court, has administrative supervision and authority over the operation...
- § 7A-147 Specialized judgeships
(a) Prior to January 1 of each year in which elections for district court judges are to be held, the Administrative Officer of the Courts...
- § 7A-148 Annual conference of chief district judges
(a) The chief district judges of the various district court districts shall meet at least once a year upon call of the Chief Justice of...
- § 7A-149 Jurisdiction; sessions
(a) Notwithstanding any other provision of law, a district court judge of a district court district which is in a set of districts as defined...
- § 7A-150 through 7A-159 Reserved for future codification purposes
Article 15 - District Prosecutors.
Article 16 - Magistrates.
- § 7A-170 Nature of office and oath
A magistrate is an officer of the district court. Before entering upon the duties of his office, a magistrate shall take the oath of office...
- § 7A-171 Numbers; appointment and terms; vacancies
(a) The General Assembly shall establish a minimum quota of magistrates for each county. In no county shall the minimum quota be less than one....
- § 7A-171.1 Duty hours, salary, and travel expenses within county
(a) The Administrative Officer of the Courts, after consultation with the chief district judge and pursuant to the following provisions, shall set an annual salary...
- § 7A-171.2 Qualifications for nomination or renomination
(a) In order to be eligible for nomination or for renomination as a magistrate an individual shall be a resident of the county for which...
- § 7A-172 Repealed by Session Laws 1977, c. 945, s. 5
- § 7A-173 Suspension; removal; reinstatement
(a) A magistrate may be suspended from performing the duties of his office by the chief district judge of the district court district in which...
- § 7A-174 Bonds
Prior to taking office, magistrates shall be bonded, individually or collectively, in such amount or amounts as the Administrative Officer of the Courts shall determine....
- § 7A-175 Records to be kept
A magistrate shall keep such dockets, accounts, and other records, under the general supervision of the clerk of superior court, as may be prescribed by...
- § 7A-176 Office of justice of the peace abolished
The office of justice of the peace is abolished in each county upon the establishment of a district court therein. (1965, c. 310, s. 1.)
- § 7A-177 Training course in duties of magistrate
(a) Within six months of taking the oath of office as a magistrate for the first time, a magistrate is required to attend and satisfactorily...
- § 7A-178 Magistrate as child support hearing officer
A magistrate who meets the qualifications of G.S. 50‑39 and is properly designated pursuant to G.S. Chapter 50, Article 2, to serve as a child...
- § 7A-179 Reserved for future codification purposes
Article 17 - Clerical Functions in the District Court.
Article 18 - District Court Practice and Procedure Generally.
- § 7A-190 District courts always open
The district courts shall be deemed always open for the disposition of matters properly cognizable by them. But all trials on the merits shall be...
- § 7A-191 Trials; hearings and orders in chambers
All trials on the merits and all hearings on infractions conducted pursuant to Article 66 of Chapter 15A shall be conducted in open court and...
- § 7A-191.1 Recording of proceeding in which defendant pleads guilty or no contest to felony in district court
The trial judge shall require that a true, complete, and accurate record be made of the proceeding in which a defendant pleads guilty or no...
- § 7A-192 By whom power of district court to enter interlocutory orders exercised
Any district judge may hear motions and enter interlocutory orders in causes regularly calendared for trial or for the disposition of motions, at any session...
- § 7A-193 Civil procedure generally
Except as otherwise provided in this Chapter, the civil procedure provided in Chapters 1 and 1A of the General Statutes applies in the district court...
- § 7A-194 Repealed by Session Laws 1977, c. 711, s. 33
- § 7A-195 Repealed by Session Laws 1969, c. 911, s. 5
- § 7A-196 Jury trials
(a) In civil cases in the district court there shall be a right to trial by a jury of 12 in conformity with Rules 38...
- § 7A-197 Petit jurors
Unless otherwise provided in this Chapter, the provisions of Chapter 9 of the General Statutes with respect to petit jurors for the trial of civil...
- § 7A-198 Reporting of civil trials
(a) Court‑reporting personnel shall be utilized, if available, for the reporting of civil trials in the district court. If court reporters are not available in...
- § 7A-199 Special venue rule when district court sits without jury in seat of court lying in more than one county; where judgments recorded
(a) In any nonjury civil action or juvenile matter properly pending in the district court division, regularly assigned for a hearing or trial before a...
- § 7A-200 District and set of districts defined; chief district court judges and their authority
(a) In this section: (1) "District" means any district court district established by G.S. 7A‑133 which consists exclusively of one or more entire counties; (2)...
- § 7A-201 through 7A-209 Reserved for future codification purposes
Article 19 - Small Claim Actions in District Court.
- § 7A-210 Small claim action defined
For purposes of this Article a small claim action is a civil action wherein: (1) The amount in controversy, computed in accordance with G.S. 7A‑243,...
- § 7A-211 Small claim actions assignable to magistrates
In the interest of speedy and convenient determination, the chief district judge may, in his discretion, by specific order or general rule, assign to any...
- § 7A-211.1 Actions to enforce motor vehicle mechanic and storage liens
Notwithstanding the provisions of G.S. 7A‑210(2) and 7A‑211, the chief district judge may in his discretion, by specific order or general rule, assign to any...
- § 7A-212 Judgment of magistrate in civil action improperly assigned or not assigned
No judgment of the district court rendered by a magistrate in a civil action assigned to him by the chief district judge is void, voidable,...
- § 7A-213 Procedure for commencement of action; request for and notice of assignment
The plaintiff files his complaint in a small claim action in the office of the clerk of superior court of the county wherein the defendant,...
- § 7A-214 Time within which trial is set
The time for trial of a small claim action is set not later than 30 days after the action is commenced. By consent of all...
- § 7A-215 Procedure upon nonassignment of small claim action
Failure of the chief district judge to assign a claim within five days after filing of a complaint requesting its assignment constitutes nonassignment. The chief...
- § 7A-216 Form of complaint
The complaint in a small claim action shall be in writing, signed by the party or his attorney, except the complaint in an action for...
- § 7A-217 Methods of subjecting person of defendant to jurisdiction
When by order or rule a small claim action is assigned to a magistrate, the defendant may be subjected to the jurisdiction of the court...
- § 7A-218 Answer of defendant
At any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of the...
- § 7A-219 Certain counterclaims; cross claims; third-party claims not permissible
No counterclaim, cross claim or third‑party claim which would make the amount in controversy exceed the jurisdictional amount established by G.S. 7A‑210(1) is permissible in...
- § 7A-220 No required pleadings other than complaint
There are no required pleadings in assigned small claim actions other than the complaint. Answers and counterclaims may be filed by the defendant in accordance...
- § 7A-221 Objections to venue and jurisdiction over person
By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of venue,...
- § 7A-222 General trial practice and procedure
Trial of a small claim action before a magistrate is without a jury. The rules of evidence applicable in the trial of civil actions generally...
- § 7A-223 Practice and procedure in small claim actions for summary ejectment
In any small claim action demanding summary ejectment or past due rent, or both, the complaint may be signed by an agent acting for the...
- § 7A-224 Rendition and entry of judgment
Judgment in a small claim action is rendered in writing and signed by the magistrate. The judgment so rendered is a judgment of the district...
- § 7A-225 Lien and execution of judgment
From the time of docketing, the judgment rendered by a magistrate in a small claim action constitutes a lien and is subject to execution in...
- § 7A-226 Priority of judgment when appeal taken
When appeal is taken from a judgment in a small claim action, the lien acquired by docketing merges into any judgment rendered after trial de...
- § 7A-227 Stay of execution on appeal
Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed by...
- § 7A-228 New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal
(a) The chief district court judge may authorize magistrates to hear motions to set aside an order or judgment pursuant to G.S. 1A‑1, Rule 60(b)(1)...
- § 7A-229 Trial de novo on appeal
Upon appeal noted, the clerk of superior court places the action upon the civil issue docket of the district court division. The district judge before...
- § 7A-230 Jury trial on appeal
The appellant in his written notice of appeal may demand a jury on the trial de novo. Within 10 days after receipt of the notice...
- § 7A-231 Provisional and incidental remedies
The provisional and incidental remedies of claim and delivery, subpoena duces tecum, production of documents and orders for the relinquishment of property subject to a...
- § 7A-232 Forms
The following forms are sufficient for the purposes indicated under this article. Substantial conformity is sufficient. FORM 1. MAGISTRATE SUMMONS NORTH CAROLINA General...
- § 7A-233 through 7A-239 Reserved for future codification purposes
Article 20 - Original Civil Jurisdiction of the Trial Divisions.
- § 7A-240 Original civil jurisdiction generally
Except for the original jurisdiction in respect of claims against the State which is vested in the Supreme Court, original general jurisdiction of all justiciable...
- § 7A-241 Original jurisdiction in probate and administration of decedents' estates
Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division, and is exercised by...
- § 7A-242 Concurrently held original jurisdiction allocated between trial divisions
For the efficient administration of justice in respect of civil matters as to which the trial divisions have concurrent original jurisdiction, the respective divisions are...
- § 7A-243 Proper division for trial of civil actions generally determined by amount in controversy
Except as otherwise provided in this Article, the district court division is the proper division for the trial of all civil actions in which the...
- § 7A-244 Domestic relations
The district court division is the proper division without regard to the amount in controversy, for the trial of civil actions and proceedings for annulment,...
- § 7A-245 Injunctive and declaratory relief to enforce or invalidate statutes; constitutional rights
(a) The superior court division is the proper division without regard to the amount in controversy, for the trial of civil actions where the principal...
- § 7A-246 Special proceedings; exceptions; guardianship and trust administration
The superior court division is the proper division, without regard to the amount in controversy, for the hearing and trial of all special proceedings except...
- § 7A-247 Quo warranto
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all civil actions seeking as principal...
- § 7A-248 Condemnation actions and proceedings
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all actions and proceedings wherein property...
- § 7A-249 Corporate receiverships
The superior court division is the proper division, without regard to the amount in controversy, for actions for corporate receiverships under Chapter 1, Article 38,...
- § 7A-250 Review of decisions of administrative agencies
(a) Except as otherwise provided in subsections (b) and (c) of this section, the superior court division is the proper division, without regard to the...
- § 7A-251 Appeal from clerk to judge
(a) In all matters properly cognizable in the superior court division which are heard originally before the clerk of superior court, appeals lie to the...
- § 7A-252 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-253 Infractions
Except as provided in G.S. 7A‑271(d), original, exclusive jurisdiction for the adjudication and disposition of infractions lies in the district court division. (1985, c. 764,...
- § 7A-254 Reserved for future codification purposes
Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions.
Article 22 - Jurisdiction of the Trial Divisions in Criminal Actions.
- § 7A-270 Generally
General jurisdiction for the trial of criminal actions is vested in the superior court and the district court divisions of the General Court of Justice....
- § 7A-271 Jurisdiction of superior court
(a) The superior court has exclusive, original jurisdiction over all criminal actions not assigned to the district court division by this Article, except that the...
- § 7A-272 Jurisdiction of district court; concurrent jurisdiction in guilty or no contest pleas for certain felony offenses; appellate and appropriate relief procedures applicable
(a) Except as provided in this Article, the district court has exclusive, original jurisdiction for the trial of criminal actions, including municipal ordinance violations, below...
- § 7A-273 Powers of magistrates in infractions or criminal actions
In criminal actions or infractions, any magistrate has power: (1) In infraction cases in which the maximum penalty that can be imposed is not more...
- § 7A-274 Power of mayors, law-enforcement officers, etc., to issue warrants and set bail restricted
The power of mayors, law‑enforcement officers, and other persons not officers of the General Court of Justice to issue arrest, search, or peace warrants, or...
- § 7A-275 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-276 Reserved for future codification purposes
Article 22A - Prohibited Orders.
Article 23 - Jurisdiction and Procedure Applicable to Children.
Article 24 - Juvenile Services.
Article 24A - Delinquency Prevention and Youth Services.
Article 24B - Termination of Parental Rights.
Article 25 - Jurisdiction and Procedure in Criminal Appeals from District Courts.
Article 26 - Additional Powers of District Court Judges and Magistrates.
Article 27 - Expenses of the Judicial Department.
Article 28 - Uniform Costs and Fees in the Trial Divisions.
- § 7A-304 Costs in criminal actions
(a) In every criminal case in the superior or district court, wherein the defendant is convicted, or enters a plea of guilty or nolo contendere,...
- § 7A-305 Costs in civil actions
(a) In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, the following costs...
- § 7A-305.1 Discovery, fee on filing verified petition
When discovery procedures under Rule 27 of the Rules of Civil Procedure are utilized, the sum of twenty dollars ($20.00) shall be assessed and collected...
- § 7A-306 Costs in special proceedings
(a) In every special proceeding in the superior court, the following costs shall be assessed: (1) For the use of the courtroom and related judicial...
- § 7A-307 Costs in administration of estates
(a) In the administration of the estates of decedents, minors, incompetents, of missing persons, and of trusts under wills and under powers of attorney, in...
- § 7A-308 Miscellaneous fees and commissions
(a) The following miscellaneous fees and commissions shall be collected by the clerk of superior court and remitted to the State for the support of...
- § 7A-308.1 Fees on deposits and investments
On all funds received by the clerk by virtue or color of his office and deposited pursuant to G.S. 7A‑112.1 or invested pursuant to G.S....
- § 7A-309 Magistrate's special fees
The following special fees shall be collected by the magistrate and remitted to the clerk of superior court for the use of the State in...
- § 7A-310 Fees of commissioners and assessors appointed by magistrate
Any person appointed by a magistrate as a commissioner or assessor, and who shall serve, shall be paid the sum of two dollars ($2.00), to...
- § 7A-311 Uniform civil process fees
(a) In a civil action or special proceeding, except for actions brought under Chapter 50B of the General Statutes, the following fees and commissions shall...
- § 7A-312 Uniform fees for jurors; meals
(a) A juror in the General Court of Justice including a petit juror, or a coroner's juror, but excluding a grand juror, shall receive twelve...
- § 7A-313 Uniform jail fees
Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of five...
- § 7A-314 Uniform fees for witnesses; experts; limit on number
(a) A witness under subpoena, bound over, or recognized, other than a salaried State, county, or municipal law‑enforcement officer, or an out‑of‑state witness in a...
- § 7A-314.1 Family court fees
(a) The Administrative Office of the Courts may charge a uniform fee of not more than thirty dollars ($30.00) per hour to persons receiving the...
- § 7A-315 Liability of State for witness fees in criminal cases when defendant not liable
In a criminal action, if no prosecuting witness is designated by the court as liable for the costs, and the defendant is acquitted, or convicted...
- § 7A-316 Payment of witness fees in criminal actions
A witness in a criminal action who is entitled to a witness fee and who proves his attendance prior to assessment of the bill of...
- § 7A-317 (Effective until July 1, 2008) Counties and municipalities not required to advance certain fees
Counties and municipalities are not required to advance the civil process fees enumerated in G.S. 7A‑311. (1967, c. 691, s. 35; 2007‑323, s. 30.10(d).)
- § 7A-317.1 Disposition of fees in counties with unincorporated seats of court
Notwithstanding any other provision of this Article, if a municipality listed in G.S. 7A‑133 as an additional seat of district court is not incorporated, the...
- § 7A-318 Determination and disbursement of costs on and after date district court established
(a) On and after the date that the district court is established in a judicial district, costs in every action, proceeding or other matter pending...
- § 7A-319 Repealed by Session Laws 1971, c. 377, s. 32
- § 7A-320 Costs are exclusive
The costs set forth in this Article are complete and exclusive, and in lieu of any other costs and fees. (1983, c. 713, s. 1.)
- § 7A-321 Collection of offender fines and fees assessed by the court
(a) The Judicial Department may, in lieu of payment by cash or check, accept payment by credit card, charge card, or debit card for the...
- § 7A-322 through 7A-339 Reserved for future codification purposes
Article 29 - Administrative Office of the Courts.
- § 7A-340 Administrative Office of the Courts; establishment; officers
There is hereby established a State office to be known as the Administrative Office of the Courts. It shall be supervised by a Director, assisted...
- § 7A-341 Appointment and compensation of Director
The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at his pleasure. He shall receive the annual salary provided...
- § 7A-342 Appointment and compensation of assistant director and other employees
The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure. The assistant director shall receive the annual salary provided...
- § 7A-343 Duties of Director
The Director is the Administrative Officer of the Courts, and the Director's duties include all of the following: (1) Collect and compile statistical data and...
- § 7A-343.1 Distribution of copies of the appellate division reports
The Administrative Officer of the Courts shall, at the State's expense distribute such number of copies of the appellate division reports to federal, State departments...
- § 7A-343.2 Court Information Technology Fund
The Court Information Technology Fund is established within the Judicial Department as a nonreverting, interest‑bearing special revenue account. Accordingly, revenue in the Fund at the...
- § 7A-343.3 Appellate Courts Printing and Computer Operations Fund
The Appellate Courts Printing and Computer Operations Fund is established within the Judicial Department as a nonreverting, interest‑bearing special revenue account. Accordingly, interest and other...
- § 7A-344 Repealed by Session Laws 2000-144, s. 4
- § 7A-345 Duties of assistant director
The assistant director is the administrative assistant to the Chief Justice, and his duties include the following: (1) Assist the Chief Justice in performing his...
- § 7A-346 Information to be furnished to Administrative Officer
All judges, district attorneys, public defenders, magistrates, clerks of superior court and other officers or employees of the courts and of offices directly related to...
- § 7A-346.1 Repealed by Session Laws 2000-67, s. 15(b)
- § 7A-346.2 Various reports to General Assembly
(a) The Administrative Office of the Courts and the Office of Indigent Defense Services shall report by March 1 of each year to the Chairs...
- § 7A-346.3 (Contingent effective date - see editor's note) Impaired driving integrated data system report
The information compiled by G.S. 7A‑109.2 shall be maintained in an Administrative Office of the Courts database. By March 1, the Administrative Office of the...
- § 7A-347 Assistants for administrative and victim and witness services
Assistant for administrative and victim and witness services positions are established under the district attorneys' offices. Each prosecutorial district is allocated at least one assistant...
- § 7A-348 Training and supervision of assistants for administrative and victim and witness services
Pursuant to the provisions of G.S. 7A‑413, the Conference of District Attorneys shall: (1) Assist in establishing uniform statewide training for assistants for administrative and...
- § 7A-349 Criminal history record check; denial of employment, contract, or volunteer opportunity
The Judicial Department may deny employment, a contract, or a volunteer opportunity to any person who refuses to consent to a criminal history check authorized...
- § 7A-350 through 7A-354 Reserved for future codification purposes
Article 29A - Trial Court Administrators.
- § 7A-355 Trial court administrators
The following districts or sets of districts as defined in G.S. 7A‑41.1(a) shall have trial court administrators: Set of districts 10A, 10B, 10C, 10D; District...
- § 7A-356 Duties
The duties of each trial court administrator shall be to assist in managing civil dockets, to improve jury utilization and to perform such duties as...
- § 7A-357 through 7A-374 Reserved for future codification purposes
Article 30 - Judicial Standards Commission.
- § 7A-374.1 Purpose
The purpose of this Article is to provide for the investigation and resolution of inquiries concerning the qualification or conduct of any judge or justice...
- § 7A-374.2 Definitions
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this Article: (1) "Censure" means a finding by the Supreme Court,...
- § 7A-375 Judicial Standards Commission
(a) The Judicial Standards Commission shall consist of the following residents of North Carolina: one Court of Appeals judge, two superior court judges, and two...
- § 7A-376 Grounds for discipline by Commission; censure, suspension, or removal by the Supreme Court
(a) The Commission, upon a determination that any judge has engaged in conduct that violates the North Carolina Code of Judicial Conduct as adopted by...
- § 7A-377 Procedures
(a) Any citizen of the State may file a written complaint with the Commission concerning the qualifications or conduct of any justice or judge of...
- § 7A-378 Censure, suspension, or removal of justice of Supreme Court
(a) The recommendation of the Judicial Standards Commission for censure, suspension, or removal of any justice of the Supreme Court for any grounds provided by...
- § 7A-379 through 7A-399 Reserved for future codification purposes
Article 31 - Judicial Council.
Article 31A - State Judicial Council.
- § 7A-409 Composition of State Judicial Council
(a) The State Judicial Council shall consist of 18 members as follows: (1) The Chief Justice, who chairs the Council; (2) The Chief Judge of...
- § 7A-409.1 Duties of the State Judicial Council
(a) The State Judicial Council shall: (1) Study the judicial system and report periodically to the Chief Justice on its findings; (2) Advise the Chief...
- § 7A-409.2 Compensation of the State Judicial Council
Members of the State Judicial Council who are not officers or employees of the State shall receive compensation and reimbursement for travel and subsistence expenses...
Article 31B - Declaration of Vacancy, Suspension of Salary.
- § 7A-410 Vacancy exists on disbarment
When a judge of the district court, judge of the superior court, judge of the Court of Appeals, justice of the Supreme Court, or a...
- § 7A-410.1 Suspension of salary
When a justice, judge, or district attorney has been disbarred or suspended from the practice of law under G.S. 84‑28 but the office has not...
Article 32 - Conference of District Attorneys.
- § 7A-411 Establishment and purpose
There is created the Conference of District Attorneys of North Carolina, of which every district attorney in North Carolina is a member. The purpose of...
- § 7A-412 Annual meetings; organization; election of officers
(a) Annual Meetings. The Conference shall meet annually at a time and place selected by the President of the Conference. (b) Election of Officers. Officers...
- § 7A-413 Powers of Conference
(a) The Conference may: (1) Cooperate with citizens and other public and private agencies to promote the effective administration of criminal justice. (2) Assist prosecutors...
- § 7A-414 Executive Secretary; clerical support
The Conference may employ an executive secretary and any necessary supporting staff to assist it in carrying out its duties. (1983, c. 761, s. 152.)
Article 33 to 35 - Reserved
Article 36 - Entitlement of Indigent Persons Generally.
- § 7A-450 Indigency; definition; entitlement; determination; change of status
(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in...
- § 7A-450.1 Responsibility for payment by certain fiduciaries
It is the intent of the General Assembly that, whenever possible, if an attorney or guardian ad litem is appointed pursuant to G.S. 7A‑451 for...
- § 7A-450.2 Determination of fiduciaries at indigency determination; summons; service of process
At the same time as a person who is less than 18 years old or who is at least 18 years old but remains dependent...
- § 7A-450.3 Determination of responsibility at hearing
At the dispositional, sentencing or other hearing of the person who is less than 18 years old or who is at least 18 years old...
- § 7A-450.4 Exemptions
General Statutes 7A‑450.1, 7A‑450.2 and 7A‑450.3 do not authorize the court to require the Department of Health and Human Services or any county Department of...
- § 7A-451 Scope of entitlement
(a) An indigent person is entitled to services of counsel in the following actions and proceedings: (1) Any case in which imprisonment, or a fine...
- § 7A-451.1 Counsel fees for outpatient involuntary commitment proceedings
The State shall pay counsel fees for persons appointed pursuant to G.S. 122C‑267(d). (1983, c. 638, s. 24; c. 864, s. 4; 1985, c. 589,...
- § 7A-452 Source of counsel; fees; appellate records
(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules...
- § 7A-453 Duty of custodian of a possibly indigent person; determination of indigency
(a) In counties designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than...
- § 7A-454 Supporting services
Fees for the services of an expert witness for an indigent person and other necessary expenses of counsel shall be paid by the State in...
- § 7A-455 Partial indigency; liens; acquittals
(a) If, in the opinion of the court, an indigent person is financially able to pay a portion, but not all, of the value of...
- § 7A-455.1 Appointment fee in criminal cases
(a) Each person for whom counsel is appointed in a criminal case at the trial level shall pay to the clerk of court an appointment...
- § 7A-456 False statements; penalty
(a) A false material statement made by a person under oath or affirmation in regard to the question of his indigency constitutes a Class I...
- § 7A-457 Waiver of counsel; pleas of guilty
(a) An indigent person who has been informed of his right to be represented by counsel at any in‑court proceeding, may, in writing, waive the...
- § 7A-458 Counsel fees
The fee to which an attorney who represents an indigent person is entitled shall be fixed in accordance with rules adopted by the Office of...
- § 7A-459 Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c)
- § 7A-460 through 7A-464 Reserved for future codification purposes
Article 37 - The Public Defender.
- § 7A-465 through 7A-467 Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001
- § 7A-468 Repealed by Session Laws 1987 (Regular Session, 1988), c. 1056, s. 13
- § 7A-469 through 7A-471 Repealed by Session Laws 2000-144, s. 13, as amended by Session Laws 2001-424, s. 22.11(c), effective July 1, 2001
- § 7A-472 through 7A-474 Reserved for future codification purposes
Article 37A - Access to Civil Justice Act.
- § 7A-474.1 Legislative findings and purpose
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for indigent persons in certain kinds of...
- § 7A-474.2 Definitions
The following definitions shall apply throughout this Article, unless the context otherwise requires: (1) "Eligible client" means a resident of North Carolina financially eligible for...
- § 7A-474.3 Eligible activities and limitations
(a) Eligible Activities. Funds appropriated under this Article shall be used only for the following purposes: (1) To provide legal assistance to eligible clients; (2)...
- § 7A-474.4 Funds
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and support...
- § 7A-474.5 Records and reports
The established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. (1989, c. 795, s....
- § 7A-474.6 through 7A-474.15 Reserved for future codification purposes
Article 37B - Domestic Violence Victim Assistance Act.
- § 7A-474.16 Legislative findings and purpose
The General Assembly of North Carolina declares it to be its purpose to provide access to legal representation for domestic violence victims in certain kinds...
- § 7A-474.17 Definitions
The following definitions shall apply throughout this Article, unless the context otherwise requires: (1) "Domestic violence victim" means a resident of North Carolina that has...
- § 7A-474.18 Eligible activities and limitations
(a) Eligible Activities. Funds appropriated under this Article shall be used only for the following purposes: (1) To provide legal assistance to domestic violence victims....
- § 7A-474.19 Funds
Funds to provide representation pursuant to this Article shall be provided to the North Carolina State Bar for provision of direct services by and support...
- § 7A-474.20 Records and reports
The established legal services programs shall keep appropriate records and make periodic reports, as requested, to the North Carolina State Bar. The North Carolina State...
Article 38 - Appellate Defender Office.
Article 38A - Appellate Defender Office.
Article 39 - Guardian Ad Litem Program.
Article 39A - Custody and Visitation Mediation Program.
Article 39B - Indigent Defense Services Act
- § 7A-498 Title
This Article shall be known and may be cited as the "Indigent Defense Services Act of 2000". (2000‑144, s. 1.)
- § 7A-498.1 Purpose
Whenever a person is determined to be indigent and entitled to counsel, it is the responsibility of the State under the federal and state constitutions...
- § 7A-498.2 Establishment of Office of Indigent Defense Services
(a) The Office of Indigent Defense Services, which is administered by the Director of Indigent Defense Services and includes the Commission on Indigent Defense Services...
- § 7A-498.3 Responsibilities of Office of Indigent Defense Services
(a) The Office of Indigent Defense Services shall be responsible for establishing, supervising, and maintaining a system for providing legal representation and related services in...
- § 7A-498.4 Establishment of Commission on Indigent Defense Services
(a) The Commission on Indigent Defense Services is created within the Office of Indigent Defense Services and shall consist of 13 members. To create an...
- § 7A-498.5 Responsibilities of Commission
(a) The Commission shall have as its principal purpose the development and improvement of programs by which the Office of Indigent Defense Services provides legal...
- § 7A-498.6 Director of Indigent Defense Services
(a) The Director of Indigent Defense Services shall be appointed by the Commission for a term of four years. The Director may be removed during...
- § 7A-498.7 Public Defender Offices
(a) The following counties of the State are organized into the defender districts listed below, and in each of those defender districts an office of...
- § 7A-498.8 Appellate Defender
(a) The appellate defender shall be appointed by the Commission on Indigent Defense Services for a term of four years. A vacancy in the office...
- § 7A-499 Reserved for future codification purposes
Article 40 - North Carolina Courts Commission.
Article 40A - North Carolina Courts Commission.
- § 7A-506 Creation; members; terms; qualifications; vacancies
(a) The North Carolina Courts Commission is created. Effective July 1, 1993, it shall consist of 28 members, seven to be appointed by the Governor,...
- § 7A-507 Ex officio members
The following additional members shall serve ex officio: the Administrative Officer of the Courts; a representative of the N.C. State Bar appointed by the Council...
- § 7A-508 Duties
It shall be the duty of the Commission to make continuing studies of the structure, organization, jurisdiction, procedures and personnel of the Judicial Department and...
- § 7A-509 Chair; meetings; compensation of members
The Governor, after consultation with the Chief Justice of the Supreme Court, shall appoint a chair from the legislative members of the Commission. The term...
- § 7A-510 Supporting services
The Commission is authorized to contract for such professional and clerical services as are necessary in the proper performance of its duties. (1979, c. 1077,...
- § 7A-511 through 7A-515 Reserved for future codification purposes
Article 41 - Purpose; Definitions.
Article 42 - Jurisdiction.
Article 43 - Screening of Delinquency and Undisciplined Petitions.
Article 44 - Screening of Abuse and Neglect Complaints.
Article 45 - Venue; Petition; Summons.
Article 46 - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings.
Article 47 - Basic Rights.
Article 48 - Law-Enforcement Procedures in Delinquency Proceedings.
Article 49 - Transfer to Superior Court.
Article 50 - Discovery.
Article 51 - Hearing Procedures.
Article 52 - Dispositions.
Article 53 - Modification and Enforcement of Dispositional Orders; Appeals.
Article 54 - Juvenile Records and Social Reports.
Article 55 - Interstate Compact on Juveniles.
Article 56 - Emancipation.
Article 57 - Judicial Consent for Emergency Surgical or Medical Treatment.
Article 58 - Juvenile Law Study Commission.
Article 59 - Repealed
Article 60 - Office of Administrative Hearings.
Article 61 - Sentencing Services Program.
- § 7A-770 Purpose
This Article shall be known and may be cited as the "Sentencing Services Act." The purpose of this Article is to establish a statewide sentencing...
- § 7A-771 Definitions
As used in this Article: (1) Recodified as subdivision (3b) by Session Laws 1999‑306, s. 1, effective January 1, 2000. (2) Recodified as subdivision (3a)...
- § 7A-772 Allocation of funds
(a) The Director may award grants in accordance with the policies established by this Article and in accordance with any laws made for that purpose,...
- § 7A-773 Responsibilities of a sentencing services program
A sentencing services program shall be responsible for: (1) Identifying offenders who: a. Are charged with or have been offered a plea by the State...
- § 7A-773.1 Who may request plans; disposition of plans; contents of plans
(a) A judge presiding over a case in which the offender meets the criteria set forth in G.S. 7A‑773(1) may request, at any time prior...
- § 7A-774 Requirements for a comprehensive sentencing services program plan
Agencies applying for grants shall prepare a comprehensive sentencing services program plan for the development, implementation, operation, and improvement of a sentencing services program for...
- § 7A-775 Sentencing services board
(a) Each sentencing services program shall establish a sentencing services board to provide direction and assistance to the sentencing services program in the implementation and...
- § 7A-776 Limitation on use of funds
Funds provided for use under the provisions of this Article shall not be used for the operating costs, construction, or any other costs associated with...
- § 7A-777 Evaluation
The Director shall evaluate each sentencing services program on an annual basis to determine the degree to which the program effectively meets the needs of...
- § 7A-778 through 7A-789 Reserved for future codification purposes
Article 62 - North Carolina Drug Treatment Court Act.
- § 7A-790 Short title
This Article shall be known and may be cited as the "North Carolina Drug Treatment Court Act of 1995". (1995, c. 507, s. 21.6(a); 1998‑23,...
- § 7A-791 Purpose
The General Assembly recognizes that a critical need exists in this State for judicial programs that will reduce the incidence of alcohol and other drug...
- § 7A-792 Goals
The goals of the drug treatment court programs funded under this Article include the following: (1) To reduce alcoholism and other drug dependencies among adult...
- § 7A-793 Establishment of Program
The North Carolina Drug Treatment Court Program is established in the Administrative Office of the Courts to facilitate the creation and funding of local drug...
- § 7A-794 Fund administration
The Drug Treatment Court Program Fund is created in the Administrative Office of the Courts and is administered by the Director of the Administrative Office...
- § 7A-795 State Drug Treatment Court Advisory Committee
The State Drug Treatment Court Advisory Committee is established to develop and recommend to the Director of the Administrative Office of the Courts guidelines for...
- § 7A-796 Local drug treatment court management committee
Each judicial district choosing to establish a drug treatment court shall form a local drug treatment court management committee, which shall be comprised to assure...
- § 7A-797 Eligible population; drug treatment court procedures
The Director of the Administrative Office of the Courts, in conjunction with the State Drug Treatment Court Advisory Committee, shall develop criteria for eligibility and...
- § 7A-798 Repealed by Session Laws 2007-393, s. 13, effective October 1, 2007
- § 7A-799 Treatment not guaranteed
Nothing contained in this Article shall confer a right or an expectation of a right to treatment for a defendant or offender within the criminal...
- § 7A-800 Payment of costs of treatment program
Each defendant, offender, or respondent in a juvenile petition for abuse, neglect, or both, who receives treatment under a local drug treatment court program shall...
- § 7A-801 Monitoring and annual report
The Administrative Office of the Courts shall monitor all State‑recognized and funded local drug treatment courts, prepare an annual report on the implementation, operation, and...
- § 7A-802 Reserved for future codification purposes
- § 7A-803 Reserved for future codification purposes
- § 7A-804 Reserved for future codification purposes
Article 63 - Conference of Clerks of Superior Court.
- § 7A-805 Establishment and purpose
There is created the Conference of Clerks of Superior Court of North Carolina, of which each clerk of superior court is a member. The purpose...
- § 7A-806 Annual meetings; organization; election of officers
(a) Annual Meetings. The Conference shall meet each summer and winter at a time and place selected by the President of the Conference. (b) Election...
- § 7A-807 Powers of Conference
(a) The Conference may: (1) Cooperate with citizens and other public and private agencies to promote the effective administration of justice. (2) Develop advisory manuals...
- § 7A-808 Executive secretary; clerical support
The Conference may employ an executive secretary and any necessary supporting staff to assist it in carrying out its duties. (2005‑100, s. 1.)