Chapter 1 - Civil Procedure.

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Chapter 1
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Article 1 - Definitions.
G.S. 1-1
§ 1-1. Remedies.
G.S. 1-2
§ 1-2. Actions.
G.S. 1-3
§ 1-3. Special proceedings.
G.S. 1-4
§ 1-4. Kinds of actions.
G.S. 1-5
§ 1-5. Criminal action.
G.S. 1-6
§ 1-6. Civil action.
G.S. 1-7
§ 1-7. When court means clerk.
Article 2 - General Provisions.
G.S. 1-8
§ 1-8. Remedies not merged.
G.S. 1-9
§ 1-9. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-10
§ 1-10. Plaintiff and defendant.
G.S. 1-11
§ 1-11. How party may appear.
G.S. 1-12
§ 1-12. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-13
§ 1-13. Jurisdiction of clerk.
Article 3 - Limitations, General Provisions.
G.S. 1-14
§ 1-14. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-15
§ 1-15. Statute runs from accrual of action.
G.S. 1-15.1
§ 1-15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.
G.S. 1-16
§ 1-16. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-17
§ 1-17. Disabilities.
G.S. 1-18
§ 1-18. Disability of marriage.
G.S. 1-19
§ 1-19. Cumulative disabilities.
G.S. 1-20
§ 1-20. Disability must exist when right of action accrues.
G.S. 1-21
§ 1-21. Defendant out of State; when action begun or judgment enforced.
G.S. 1-22
§ 1-22. Death before limitation expires; action by or against personal representative or collector.
G.S. 1-23
§ 1-23. Time of stay by injunction or prohibition.
G.S. 1-24
§ 1-24. Time during controversy on probate of will or granting letters.
G.S. 1-25
§ 1-25. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-26
§ 1-26. New promise must be in writing.
G.S. 1-27
§ 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
G.S. 1-28
§ 1-28. Undisclosed partner.
G.S. 1-29
§ 1-29. Cotenants.
G.S. 1-30
§ 1-30. Applicable to actions by State.
G.S. 1-31
§ 1-31. Action upon a mutual, open and current account.
G.S. 1-32
§ 1-32. Not applicable to bank bills.
G.S. 1-33
§ 1-33. Actions against bank directors or stockholders.
G.S. 1-34
§ 1-34. Aliens in time of war.
Article 4 - Limitations, Real Property.
G.S. 1-35
§ 1-35. Title against State.
G.S. 1-36
§ 1-36. Title presumed out of State.
G.S. 1-37
§ 1-37. Such possession valid against claimants under State.
G.S. 1-38
§ 1-38. Seven years' possession under color of title.
G.S. 1-39
§ 1-39. Seizin within twenty years necessary.
G.S. 1-40
§ 1-40. Twenty years adverse possession.
G.S. 1-41
§ 1-41. Action after entry.
G.S. 1-42
§ 1-42. Possession follows legal title; severance of surface and subsurface rights.
G.S. 1-42.1
§ 1-42.1. Certain ancient mineral claims extinguished in certain counties.
G.S. 1-42.2
§ 1-42.2. Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.
G.S. 1-42.3
§ 1-42.3. Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties.
G.S. 1-42.4
§ 1-42.4. Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation.
G.S. 1-42.5
§ 1-42.5. Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county.
G.S. 1-42.6
§ 1-42.6. Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation.
G.S. 1-42.7
§ 1-42.7. Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation.
G.S. 1-42.8
§ 1-42.8. Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation.
G.S. 1-42.9
§ 1-42.9. Ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.
G.S. 1-43
§ 1-43. Tenant's possession is landlord's.
G.S. 1-44
§ 1-44. No title by possession of right-of-way.
G.S. 1-44.1
§ 1-44.1. Presumption of abandonment of railroad right-of-way.
G.S. 1-44.2
§ 1-44.2. Presumptive ownership of abandoned railroad easements.
G.S. 1-45
§ 1-45. No title by possession of public ways.
G.S. 1-45.1
§ 1-45.1. No adverse possession of property subject to public trust rights.
Article 5 - Limitations, Other Than Real Property.
G.S. 1-46
§ 1-46. Periods prescribed.
G.S. 1-46.1
§ 1-46.1. Twelve years.
G.S. 1-47
§ 1-47. Ten years.
G.S. 1-48
§ 1-48. Transferred to § 1-54, subdivision (6), by Session Laws 1951, c. 837, s. 2.
G.S. 1-49
§ 1-49. Seven years.
G.S. 1-50
§ 1-50. Six years.
G.S. 1-51
§ 1-51. Five years.
G.S. 1-52
§ 1-52. Three years.
G.S. 1-53
§ 1-53. Two years.
G.S. 1-54
§ 1-54. One year.
G.S. 1-54.1
§ 1-54.1. Sixty days.
G.S. 1-55
§ 1-55. Six months.
Article 5A - Limitations, Actions Not Otherwise Limited.
G.S. 1-56
§ 1-56. All other actions, 10 years.
G.S. 1-56.1
§ 1-56.1. No limitation for certain actions.
Article 6 - Parties.
G.S. 1-57
§ 1-57. Real party in interest; grantees and assignees.
G.S. 1-58
§ 1-58. Suits for penalties.
G.S. 1-59
§ 1-59. Suit for penalty, plaintiff may reply fraud to plea of release.
G.S. 1-60
§ 1-60. Suit on bonds; defendant may plead satisfaction.
G.S. 1-61
§ 1-61. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-62
§ 1-62. Action by purchaser under judicial sale.
G.S. 1-65 through 1-65.4
§§ 1-65 through 1-65.4. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-65.5
§ 1-65.5. Repealed by Session Laws 1969, c. 895, s. 19.
G.S. 1-66 through 1-69
§§ 1-66 through 1-69. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-69.1
§ 1-69.1. Unincorporated associations and partnerships; suit by or against.
G.S. 1-70 through 1-71
§§ 1-70 through 1-71. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-72
§ 1-72. Persons jointly liable.
G.S. 1-72.1
§ 1-72.1. Procedure to assert right of access.
G.S. 1-72.2
§ 1-72.2. Standing of legislative officers.
G.S. 1-72.3
§ 1-72.3. State a party to certain actions.
Modified by:
G.S. 1-73 through 1-75
§§ 1-73 through 1-75. Repealed by Session Laws 1967, c. 954, s. 4.
Article 6A - Jurisdiction.
G.S. 1-75.1
§ 1-75.1. Legislative intent.
G.S. 1-75.2
§ 1-75.2. Definitions.
G.S. 1-75.3
§ 1-75.3. Jurisdictional requirements for judgments against persons, status and things.
G.S. 1-75.4
§ 1-75.4. Personal jurisdiction, grounds for generally.
G.S. 1-75.5
§ 1-75.5. Joinder of causes in the same action.
G.S. 1-75.6
§ 1-75.6. Personal jurisdiction - Manner of exercising by service of process.
G.S. 1-75.7
§ 1-75.7. Personal jurisdiction - Grounds for without service of summons.
G.S. 1-75.8
§ 1-75.8. Jurisdiction in rem or quasi in rem - Grounds for generally.
G.S. 1-75.9
§ 1-75.9. Jurisdiction in rem or quasi in rem - Manner of exercising.
G.S. 1-75.10
§ 1-75.10. Proof of service of summons, defendant appearing in action.
G.S. 1-75.11
§ 1-75.11. Judgment against nonappearing defendant, proof of jurisdiction.
G.S. 1-75.12
§ 1-75.12. Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim.
Article 7 - Venue.
G.S. 1-76
§ 1-76. Where subject of action situated.
G.S. 1-76.1
§ 1-76.1. Where deficiency debtor resides or where loan was negotiated.
G.S. 1-77
§ 1-77. Where cause of action arose.
G.S. 1-78
§ 1-78. Official bonds, executors and administrators.
G.S. 1-79
§ 1-79. Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships.
G.S. 1-80
§ 1-80. Foreign corporations.
G.S. 1-81
§ 1-81. Actions against railroads.
G.S. 1-81.1
§ 1-81.1. Venue in apportionment or redistricting cases; certain injunctive relief actions.
G.S. 1-81.2
§ 1-81.2. (Effective once contingency met – see note) Venue in complex business cases.
Modified by:
G.S. 1-82
§ 1-82. Venue in all other cases.
G.S. 1-83
§ 1-83. Change of venue.
G.S. 1-84
§ 1-84. Removal for fair trial.
G.S. 1-85
§ 1-85. Affidavits on hearing for removal; when removal ordered.
G.S. 1-86
§ 1-86. Repealed by Session Laws 1967, c. 218, s. 4.
G.S. 1-87
§ 1-87. Transcript of removal; subsequent proceedings; depositions.
G.S. 1-87.1
§ 1-87.1. Repealed by Session Laws 1967, c. 954, s. 4.
Article 7A - Application of Foreign Law.
G.S. 1-87.12
§ 1-87.12. Definitions.
G.S. 1-87.13
§ 1-87.13. Public policy.
G.S. 1-87.14
§ 1-87.14. Nonapplication of foreign law that would violate fundamental constitutional rights.
G.S. 1-87.15
§ 1-87.15. Interpretation of contracts providing for choice of foreign law.
G.S. 1-87.16
§ 1-87.16. Interpretation of contracts providing for choice of foreign venue or forum.
G.S. 1-87.17
§ 1-87.17. Motions to transfer proceedings to a foreign venue or forum.
G.S. 1-87.18
§ 1-87.18. Contracts not capable of modification to preserve fundamental constitutional rights void.
G.S. 1-87.19
§ 1-87.19. Strict construction of waivers of constitutional rights.
G.S. 1-87.20
§ 1-87.20. Application.
Article 8 - Summons.
G.S. 1-88 through 1-91
§§ 1-88 through 1-91. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-92 through 1-93
§§ 1-92 through 1-93. Repealed by Session Laws 1971, c. 268, s. 34.
G.S. 1-94 through 1-98
§§ 1-94 through 1-98. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-98.1 through 1-98.4
§§ 1-98.1 through 1-98.4. Repealed by Session Laws 1971, c. 1093, s. 19.
G.S. 1-99
§ 1-99. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-99.1 through 1-99.4
§§ 1-99.1 through 1-99.4. Repealed by Session Laws 1971, c. 1093, s. 19.
G.S. 1-100 through 1-104
§§ 1-100 through 1-104. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-105
§ 1-105. Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles.
Modified by:
G.S. 1-105.1
§ 1-105.1. Service on residents who establish residence outside the State and on residents who depart from the State.
G.S. 1-106 through 1-107.3
§§ 1-106 through 1-107.3. Repealed by Session laws 1967, c. 954, s. 4.
G.S. 1-108
§ 1-108. Defense after judgment set aside.
Article 9 - Prosecution Bonds.
G.S. 1-109
§ 1-109. Bond required of plaintiff for costs.
G.S. 1-110
§ 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates.
G.S. 1-111
§ 1-111. Defendant's, for costs and damages in actions for land.
G.S. 1-112
§ 1-112. Defense without bond.
Article 10 - Joint and Several Debtors.
G.S. 1-113
§ 1-113. Defendants jointly or severally liable.
G.S. 1-114
§ 1-114. Summoned after judgment; defense.
G.S. 1-115
§ 1-115: Repealed by Session Laws 1969, c. 954, s. 4.
Article 11 - Lis Pendens.
G.S. 1-116
§ 1-116. Filing of notice of suit.
G.S. 1-116.1
§ 1-116.1. Service of notice.
G.S. 1-117
§ 1-117. Cross-index of lis pendens.
G.S. 1-118
§ 1-118. Effect on subsequent purchasers.
G.S. 1-119
§ 1-119. Notice void unless action prosecuted.
G.S. 1-120
§ 1-120. Cancellation of notice.
G.S. 1-120.1
§ 1-120.1. Article applicable to suits in federal courts.
G.S. 1-120.2
§ 1-120.2. Filing of notice by cities and counties in certain cases.
Article 12 - Complaint.
G.S. 1-121 through 1-123
§§ 1-121 through 1-123: Repealed by Session Laws 1967, c. 954, s. 4.
Article 13 - Defendant’s Pleadings.
G.S. 1-124 through 1-126
§§ 1-124 through 1-126. Repealed by Session Laws 1967, c. 954, s. 4.
Article 14 - Demurrer.
G.S. 1-127 through 1-134
§§ 1-127 through 1-134. Repealed by Session Laws 1967, c. 954, s. 4.
Article 15 - Answer.
G.S. 1-134.1 through 1-138
§§ 1-134.1 through 1-138. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-139
§ 1-139. Burden of proof of contributory negligence.
Article 16 - Reply.
G.S. 1-140 through 1-142
§§ 1-140 through 1-142. Repealed by Session Laws 1967, c. 954, s. 4.
Article 17 - Pleadings, General Provisions.
G.S. 1-143 through 1-147
§§ 1-143 through 1-147. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-148
§ 1-148. Verification before what officer.
G.S. 1-149
§ 1-149. When verification omitted; use in criminal prosecutions.
G.S. 1-150 through 1-160
§§ 1-150 through 1-160. Repealed by Session Laws 1967, c. 954, s. 4.
Article 18 - Amendments.
G.S. 1-161 through 1-163
§§ 1-161 through 1-163. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-164
§ 1-164. Amendment changing nature of action or relief; effect.
G.S. 1-165
§ 1-165. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-166
§ 1-166. Defendant sued in fictitious name; amendment.
G.S. 1-167 through 1-169
§§ 1-167 through 1-169. Repealed by Session Laws 1967, c. 954, s. 4.
Article 18A - Pretrial Hearings.
G.S. 1-169.1 through 1-169.6
§§ 1-169.1 through 1-169.6. Repealed by Session Laws 1967, c. 954, s. 4.
Article 19 - Trial.
G.S. 1-170 through 1-173
§§ 1-170 through 1-173. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-174
§ 1-174: Repealed by Session Laws 1999-216, s.2.
G.S. 1-175 through 1-179
§§ 1-175 through 1-179. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-180
§ 1-180. Repealed by Session Laws 1977, c. 711, s. 33.
G.S. 1-180.1
§ 1-180.1. Judge not to comment on verdict.
G.S. 1-181
§ 1-181. Requests for special instructions.
G.S. 1-181.1
§ 1-181.1. View by jury.
G.S. 1-181.2
§ 1-181.2. Use of evidence by the jury.
G.S. 1-182
§ 1-182. Repealed by Session Laws 1977, c. 776.
G.S. 1-183
§ 1-183. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-183.1
§ 1-183.1. Effect on counterclaim of dismissal as to plaintiff's claim.
G.S. 1-184 through 1-185
§§ 1-184 through 1-185. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-186
§ 1-186. Repealed by Session Laws 2023-54, s. 1, effective June 23, 2023.
Modified by:
G.S. 1-187
§ 1-187. Repealed by Session Laws 1967, c. 954, s. 4.
Article 20 - Reference.
G.S. 1-188 through 1-195
§§ 1-188 through 1-195. Repealed by Session Laws 1967, c. 954, s. 4.
Article 21 - Issues.
G.S. 1-196 through 1-200
§§ 1-196 through 1-200. Repealed by Session Laws 1967, c. 954, s. 4.
Article 22 - Verdict and Exceptions.
G.S. 1-201
§ 1-201. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-202
§ 1-202. Special controls general.
G.S. 1-203 through 1-207
§§ 1-203 through 1-207. Repealed by Session Laws 1967, c. 954, s. 4.
Article 23 - Judgment.
G.S. 1-208
§ 1-208. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-208.1
§ 1-208.1. Judgment docket, judgment and docket book defined.
G.S. 1-209
§ 1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.
G.S. 1-209.1
§ 1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney.
G.S. 1-209.2
§ 1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding.
G.S. 1-210
§ 1-210. Return of execution; order for disbursement of proceeds.
G.S. 1-211 through 1-215
§§ 1-211 through 1-215. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-215.1
§ 1-215.1. Judgments or orders not rendered on Mondays validated.
G.S. 1-215.2
§ 1-215.2. Time within which judgments or orders signed on days other than Mondays may be attacked.
G.S. 1-215.3
§ 1-215.3. Validation of conveyances pursuant to orders made on days other than Mondays.
G.S. 1-216
§ 1-216. Repealed by Session Laws 1943, c. 301, s. 3.
G.S. 1-217
§ 1-217. Certain default judgments validated.
G.S. 1-217.1
§ 1-217.1. Judgments based on summons erroneously designated alias or pluries validated.
G.S. 1-217.2
§ 1-217.2. Judgments by default to remove cloud from title to real estate validated.
G.S. 1-218 through 1-222
§§ 1-218 through 1-222. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-223
§ 1-223. Against married persons.
G.S. 1-224 through 1-227
§§ 1-224 through 1-227. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-228
§ 1-228. Regarded as a deed and registered.
G.S. 1-229
§ 1-229. Certified registered copy evidence.
G.S. 1-230
§ 1-230. In action for recovery of personal property.
G.S. 1-231
§ 1-231. What judge approves judgments.
G.S. 1-232
§ 1-232. Judgment roll.
G.S. 1-233
§ 1-233. Docketed and indexed.
G.S. 1-234
§ 1-234. Where and how docketed; lien.
G.S. 1-235
§ 1-235. Of appellate division docketed in superior court; lien.
G.S. 1-236
§ 1-236. Repealed by Session Laws 1971, c. 268, s. 34.
G.S. 1-236.1
§ 1-236.1. Transcripts of judgments certified by deputy clerks validated.
G.S. 1-237
§ 1-237. Judgments of federal courts docketed; lien on property; recordation; conformity with federal law.
G.S. 1-238
§ 1-238. Repealed by Session Laws 1943, c. 543.
G.S. 1-239
§ 1-239. Paid to clerk; docket credited; transcript to other counties; notice to attorney for judgment creditor; judgment creditor to give notice of payment; entry of payment on docket; penalty for failure to give notice of payment.
Modified by:
G.S. 1-239.1
§ 1-239.1. Records of cancellation, assignment, etc., of judgments recorded by photographic process.
G.S. 1-240
§ 1-240. Repealed by Session Laws 1967, c. 847, s. 2.
G.S. 1-241
§ 1-241. Clerk to pay money to party entitled.
G.S. 1-242
§ 1-242. Credits upon judgments.
G.S. 1-243
§ 1-243. For money due on judicial sale.
G.S. 1-244
§ 1-244. Repealed by Session Laws 1971, c. 268, s. 34.
G.S. 1-245
§ 1-245. Cancellation of judgments discharged through bankruptcy proceedings.
G.S. 1-246
§ 1-246. Assignment of judgment to be entered on judgment docket, signed and witnessed.
Article 24 - Confession of Judgment.
G.S. 1-247 through 1-249
§§ 1-247 through 1-249. Repealed by Session Laws 1967, c. 954, s. 4.
Article 25 - Submission of Controversy without Action.
G.S. 1-250 through 1-252
§§ 1-250 through 1-252. Repealed by Session Laws 1967, c. 954, s. 4.
Article 26 - Declaratory Judgments.
G.S. 1-253
§ 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations.
G.S. 1-254
§ 1-254. Courts given power of construction of all instruments.
G.S. 1-255
§ 1-255. Who may apply for a declaration.
G.S. 1-256
§ 1-256. Enumeration of declarations not exclusive.
G.S. 1-257
§ 1-257. Discretion of court.
G.S. 1-258
§ 1-258. Review.
G.S. 1-259
§ 1-259. Supplemental relief.
G.S. 1-260
§ 1-260. Parties.
G.S. 1-261
§ 1-261. Jury trial.
G.S. 1-262
§ 1-262. Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear.
G.S. 1-263
§ 1-263. Costs.
G.S. 1-264
§ 1-264. Liberal construction and administration.
G.S. 1-265
§ 1-265. Word "person" construed.
G.S. 1-266
§ 1-266. Uniformity of interpretation.
G.S. 1-267
§ 1-267. Short title.
Article 26A - Three-Judge Panel for Redistricting Challenges and for Certain Challenges to State Laws.
G.S. 1-267.1
§ 1-267.1. Three-judge panel for actions challenging plans apportioning or redistricting State legislative or congressional districts; claims challenging the facial validity of an act of the General Assembly.
Modified by:
Article 26B - Distribution of Unpaid Residuals in Class Action Litigation.
G.S. 1-267.10
§ 1-267.10. Distribution of unpaid residuals in class action litigation.
Article 27 - Appeal.
G.S. 1-268
§ 1-268. Writs of error abolished.
G.S. 1-269
§ 1-269. Certiorari, recordari, and supersedeas.
G.S. 1-270
§ 1-270. Appeal to appellate division; security on appeal; stay.
G.S. 1-271
§ 1-271. Who may appeal.
Modified by:
G.S. 1-272 through 1-276
§§ 1-272 through 1-276: Repealed by Session Laws 1999-216, s. 2.
G.S. 1-277
§ 1-277. Appeal from superior or district court judge.
Modified by:
G.S. 1-278
§ 1-278. Interlocutory orders reviewed on appeal from judgment.
G.S. 1-279
§ 1-279. Repealed by Session Laws 1989, c.377, s. 1.
G.S. 1-279.1
§ 1-279.1. Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings.
G.S. 1-280
§ 1-280. Repealed by Session Laws 1975, c. 391, s. 4.
G.S. 1-281
§ 1-281. Appeals from judgments not in session.
G.S. 1-282
§ 1-282. Repealed by Session Laws 1975, c. 391, s. 7.
G.S. 1-283
§ 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of disability.
G.S. 1-284
§ 1-284. Repealed by Session Laws 1975, c. 391, s. 9.
G.S. 1-285
§ 1-285. Undertaking on appeal.
G.S. 1-286
§ 1-286. Justification of sureties.
Modified by:
G.S. 1-287
§ 1-287. Repealed by Session Laws 1975, c. 391, s. 2.
G.S. 1-287.1
§ 1-287.1. Repealed by Session Laws 1975, c. 391, s. 10.
G.S. 1-288
§ 1-288. Appeals by indigents; clerk's fees.
G.S. 1-289
§ 1-289. Undertaking to stay execution on money judgment.
G.S. 1-290
§ 1-290. How judgment for personal property stayed.
G.S. 1-291
§ 1-291. How judgment directing conveyance stayed.
G.S. 1-292
§ 1-292. How judgment for real property stayed.
G.S. 1-293
§ 1-293. Docket entry of stay.
G.S. 1-294
§ 1-294. Scope of stay; security limited for fiduciaries.
G.S. 1-295
§ 1-295. Undertaking in one or more instruments; served on appellee.
G.S. 1-296
§ 1-296. Judgment not vacated by stay.
G.S. 1-297
§ 1-297. Judgment on appeal and on undertakings; restitution.
G.S. 1-298
§ 1-298. Procedure after determination of appeal.
G.S. 1-299 through 1-301
§§ 1-299 through 1-301: Repealed by Session Laws 1971, c. 268, s. 34.
Article 27A - Appeals and Transfers from the Clerk.
G.S. 1-301.1
§ 1-301.1. Appeal of clerk's decision in civil actions.
G.S. 1-301.2
§ 1-301.2. Transfer or appeal of special proceedings; exceptions.
G.S. 1-301.3
§ 1-301.3. Appeal of trust and estate matters determined by clerk.
Article 28 - Execution.
G.S. 1-302
§ 1-302. Judgment enforced by execution.
G.S. 1-303
§ 1-303. Kinds of; signed by clerk; when sealed.
G.S. 1-304
§ 1-304. Against married woman.
G.S. 1-305
§ 1-305. Clerk to issue, in six weeks; limitations on issuance.
Modified by:
G.S. 1-306
§ 1-306. Enforcement as of course.
G.S. 1-307
§ 1-307. Issued from and returned to court of rendition.
G.S. 1-308
§ 1-308. To what counties issued.
G.S. 1-309
§ 1-309. Sale of land under execution.
G.S. 1-310
§ 1-310. When dated and returnable.
G.S. 1-311
§ 1-311. Against the person.
G.S. 1-312
§ 1-312. Rights against property of defendant dying in execution.
G.S. 1-313
§ 1-313. Form of execution.
G.S. 1-314
§ 1-314. Variance between judgment and execution.
G.S. 1-315
§ 1-315. Property liable to sale under execution; bill of sale.
G.S. 1-316
§ 1-316. Sale of trust estates; purchaser's title.
G.S. 1-317
§ 1-317. Sheriff's deed on sale of equity of redemption.
G.S. 1-318
§ 1-318. Forthcoming bond for personal property.
G.S. 1-319
§ 1-319. Procedure on giving bond; subsequent levies.
G.S. 1-320
§ 1-320. Summary remedy on forthcoming bond.
G.S. 1-321
§ 1-321. Entry of returns on judgment docket; penalty.
G.S. 1-322
§ 1-322. Cost of keeping livestock; officer's account.
G.S. 1-323
§ 1-323. Purchaser of defective title; remedy against defendant.
G.S. 1-324
§ 1-324. Repealed by Session Laws 1949, c. 719, s. 2.
G.S. 1-324.1
§ 1-324.1. Judgment against corporation; property subject to execution.
G.S. 1-324.2
§ 1-324.2. Agent must furnish information as to corporate officers and property.
G.S. 1-324.3
§ 1-324.3. Shares subject to execution; agent must furnish information.
G.S. 1-324.4
§ 1-324.4. Debts due corporation subject to execution; duty, etc., of agent.
G.S. 1-324.5
§ 1-324.5. Violations of three preceding sections misdemeanor.
G.S. 1-324.6
§ 1-324.6. Proceedings when custodian of corporate books is a nonresident.
G.S. 1-324.7
§ 1-324.7. Duty and liability of nonresident custodian.
Article 29 - Execution and Judicial Sales.
G.S. 1-325 through 1-328
§§ 1-325 through 1-328. Repealed by Session Laws 1949, c. 719, s. 2.
G.S. 1-329
§ 1-329. Transferred to § 1-339.72 by Session Laws 1949, c. 719, s. 3.
G.S. 1-330
§ 1-330. Repealed by Session Laws 1949, c. 719, s. 2.
G.S. 1-331
§ 1-331. Transferred to § 1-339.73 by Session Laws 1949, c. 719, s. 3.
G.S. 1-332
§ 1-332. Transferred to § 1-339.74 by Session Laws 1949, c. 719, s. 3.
G.S. 1-333 through 1-334
§§ 1-333 through 1-334. Repealed by Session Laws 1949, c. 719, s. 2.
G.S. 1-335
§ 1-335. Transferred to § 1-339.75 by Session Laws 1949, c. 719, s. 3.
G.S. 1-336
§ 1-336. Repealed by Session Laws 1949, c. 719, s. 2.
G.S. 1-337
§ 1-337. Transferred to § 1-339.49 by Session Laws 1949, c. 719, s. 2.
G.S. 1-338
§ 1-338. Transferred to § 1-339.50 by Session Laws 1949, c. 719, s. 2.
G.S. 1-339
§ 1-339. Repealed by Session Laws 1949, c. 719, s. 2.
Article 29A - Judicial Sales.
G.S. 1-339.1
§ 1-339.1. Definitions.
G.S. 1-339.2
§ 1-339.2. Application of Part 1.
G.S. 1-339.3
§ 1-339.3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.
G.S. 1-339.3A
§ 1-339.3A. Judge or clerk may order public or private sale.
G.S. 1-339.4
§ 1-339.4. Who may hold sale.
G.S. 1-339.5
§ 1-339.5. Days on which sale may be held.
G.S. 1-339.6
§ 1-339.6. Place of public sale.
G.S. 1-339.7
§ 1-339.7. Presence of personal property at public sale required.
G.S. 1-339.8
§ 1-339.8. Public sale of separate tracts in different counties.
G.S. 1-339.9
§ 1-339.9. Sale as a whole or in parts.
G.S. 1-339.10
§ 1-339.10. Bond of person holding sale.
G.S. 1-339.11
§ 1-339.11. Compensation of person holding sale.
G.S. 1-339.12
§ 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding.
G.S. 1-339.13
§ 1-339.13. Public sale; order of sale.
G.S. 1-339.13A
§ 1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure.
G.S. 1-339.14
§ 1-339.14. Public sale; judge's approval of clerk's order of sale.
G.S. 1-339.15
§ 1-339.15. Public sale; contents of notice of sale.
G.S. 1-339.16
§ 1-339.16. Public sale; time for beginning advertisement.
G.S. 1-339.17
§ 1-339.17. Public sale; posting and publishing notice of sale of real property.
G.S. 1-339.18
§ 1-339.18. Public sale; posting notice of sale of personal property.
G.S. 1-339.19
§ 1-339.19. Public sale; exception; perishable property.
G.S. 1-339.20
§ 1-339.20. Public sale; postponement of sale.
G.S. 1-339.21
§ 1-339.21. Public sale by auction; time of sale.
G.S. 1-339.22
§ 1-339.22. Public sale by auction; continuance of uncompleted sale.
G.S. 1-339.23
§ 1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.
G.S. 1-339.24
§ 1-339.24. Public sale; report of sale; when final as to personal property.
G.S. 1-339.25
§ 1-339.25. Public sale; upset bid on real property; compliance bond.
G.S. 1-339.26
§ 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.
G.S. 1-339.27
§ 1-339.27: Repealed by Session Laws 2001-271, s. 6.
G.S. 1-339.27A
§ 1-339.27A. Ordering resale of real property after sale or upset bid.
G.S. 1-339.28
§ 1-339.28. Public sale; confirmation of sale.
G.S. 1-339.29
§ 1-339.29. Public sale; real property; deed; order for possession.
G.S. 1-339.30
§ 1-339.30. Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
G.S. 1-339.31
§ 1-339.31. Public sale; report of commissioner or trustee in deed of trust.
G.S. 1-339.32
§ 1-339.32. Public sale; final report of person, other than commissioner or trustee in deed of trust.
G.S. 1-339.33
§ 1-339.33. Private sale; order of sale.
G.S. 1-339.34
§ 1-339.34. Private sale; exception; certain personal property.
G.S. 1-339.35
§ 1-339.35. Private sale; report of sale.
G.S. 1-339.36
§ 1-339.36. Private sale; upset bid; subsequent procedure; defaulting bidder.
G.S. 1-339.37
§ 1-339.37. Private sale; confirmation.
G.S. 1-339.38
§ 1-339.38. Private sale; real property; deed; order for possession.
G.S. 1-339.39
§ 1-339.39. Private sale; personal property; delivery; bill of sale.
G.S. 1-339.40
§ 1-339.40. Private sale; final report.
Article 29B - Execution Sales.
G.S. 1-339.41
§ 1-339.41. Definitions.
G.S. 1-339.42
§ 1-339.42. Clerk's authority to fix procedural details.
G.S. 1-339.43
§ 1-339.43. Days on which sale may be held.
G.S. 1-339.44
§ 1-339.44. Place of sale.
G.S. 1-339.45
§ 1-339.45. Presence of personal property at sale required.
G.S. 1-339.46
§ 1-339.46. Sale as a whole or in parts.
G.S. 1-339.47
§ 1-339.47. Sale to be made for cash.
G.S. 1-339.48
§ 1-339.48. Life of execution.
G.S. 1-339.49
§ 1-339.49. Penalty for selling contrary to law.
G.S. 1-339.50
§ 1-339.50. Officer's return of no sale for want of bidders; penalty.
G.S. 1-339.51
§ 1-339.51. Contents of notice of sale.
G.S. 1-339.52
§ 1-339.52. Posting and publishing notice of sale of real property.
G.S. 1-339.53
§ 1-339.53. Posting notice of sale of personal property.
G.S. 1-339.54
§ 1-339.54. Notice to judgment debtor of sale of real property.
G.S. 1-339.55
§ 1-339.55. Notification of Governor and Attorney General.
G.S. 1-339.56
§ 1-339.56. Exception; perishable property.
G.S. 1-339.57
§ 1-339.57. Satisfaction of judgment before sale completed.
G.S. 1-339.58
§ 1-339.58. Postponement of sale.
G.S. 1-339.59
§ 1-339.59. Procedure upon dissolution of order restraining or enjoining sale.
G.S. 1-339.60
§ 1-339.60. Time of sale.
G.S. 1-339.61
§ 1-339.61. Continuance of uncompleted sale.
G.S. 1-339.62
§ 1-339.62. Delivery of personal property; bill of sale.
G.S. 1-339.63
§ 1-339.63. Report of sale.
G.S. 1-339.64
§ 1-339.64. Upset bid on real property; compliance bond.
G.S. 1-339.65
§ 1-339.65. Separate upset bids when real property sold in parts; subsequent procedure.
G.S. 1-339.66
§ 1-339.66: Repealed by Session Laws 2001-271, s. 16.
G.S. 1-339.66A
§ 1-339.66A. Ordering resale of real property after upset bid.
G.S. 1-339.67
§ 1-339.67. Confirmation of sale of real property.
G.S. 1-339.68
§ 1-339.68. Deed for real property sold; property subject to liens; orders for possession.
G.S. 1-339.69
§ 1-339.69. Failure of bidder to comply with bid; resale.
G.S. 1-339.70
§ 1-339.70. Disposition of proceeds of sale.
G.S. 1-339.71
§ 1-339.71. Special proceeding to determine ownership of surplus.
Article 29C - Validating Sections.
G.S. 1-339.72
§ 1-339.72. Validation of certain sales.
G.S. 1-339.73
§ 1-339.73. Ratification of certain sales held on days other than the day required by statute.
G.S. 1-339.74
§ 1-339.74. Sales on other days validated.
G.S. 1-339.75
§ 1-339.75. Certain sales validated.
G.S. 1-339.76
§ 1-339.76. Validation of sales when payment deferred more than two years.
G.S. 1-339.77
§ 1-339.77. Validation of certain sales confirmed prior to time prescribed by law.
Article 30 - Betterments.
G.S. 1-340
§ 1-340. Petition by claimant; execution suspended; issues found.
G.S. 1-341
§ 1-341. Annual value of land and waste charged against defendant.
G.S. 1-342
§ 1-342. Value of improvements estimated.
G.S. 1-343
§ 1-343. Improvements to balance rents.
G.S. 1-344
§ 1-344. Verdict, judgment, and lien.
G.S. 1-345
§ 1-345. Life tenant recovers from remainderman.
G.S. 1-346
§ 1-346. Value of premises without improvements.
G.S. 1-347
§ 1-347. Plaintiff's election that defendant take premises.
G.S. 1-348
§ 1-348. Payment made to court; land sold on default.
G.S. 1-349
§ 1-349. Procedure where plaintiff is under disability.
G.S. 1-350
§ 1-350. Defendant evicted, may recover from plaintiff.
G.S. 1-351
§ 1-351. Not applicable to suit by mortgagee.
Article 31 - Supplemental Proceedings.
G.S. 1-352
§ 1-352. Execution unsatisfied, debtor ordered to answer.
G.S. 1-352.1
§ 1-352.1. Interrogatories to discover assets.
G.S. 1-352.2
§ 1-352.2. Additional method of discovering assets.
G.S. 1-353
§ 1-353. Property withheld from execution; proceedings.
G.S. 1-354
§ 1-354. Proceedings against joint debtors.
G.S. 1-355
§ 1-355. Debtor leaving State, or concealing himself, arrested; bond.
G.S. 1-356
§ 1-356. Examination of parties and witnesses.
G.S. 1-357
§ 1-357. Incriminating answers not privileged; not used in criminal proceedings.
G.S. 1-358
§ 1-358. Disposition of property forbidden.
G.S. 1-359
§ 1-359. Debtors of judgment debtor may satisfy execution.
G.S. 1-360
§ 1-360. Debtors of judgment debtor may be summoned.
G.S. 1-360.1
§ 1-360.1. Execution on the property of debtors of judgment debtor.
G.S. 1-361
§ 1-361. Where proceedings instituted and defendant examined.
G.S. 1-362
§ 1-362. Debtor's property ordered sold.
G.S. 1-363
§ 1-363. Receiver appointed.
G.S. 1-364
§ 1-364. Filing and record of appointment; property vests in receiver.
G.S. 1-365
§ 1-365. Where order of appointment recorded.
G.S. 1-366
§ 1-366. Receiver to sue debtors of judgment debtor.
G.S. 1-367
§ 1-367. Reference.
G.S. 1-368
§ 1-368. Disobedience of orders punished as for contempt.
Article 32 - Property Exempt from Execution.
G.S. 1-369 through 1-392
§§ 1-369 through 1-392: Repealed by Session Laws 1981, c.490.
Article 33 - Special Proceedings.
G.S. 1-393
§ 1-393. Chapter and Rules of Civil Procedure applicable to special proceedings.
G.S. 1-394
§ 1-394. Contested special proceedings; commencement; summons.
G.S. 1-394.1
§ 1-394.1. Special proceedings to determine authority to transfer structured settlement payment rights.
G.S. 1-395
§ 1-395. Return of summons.
G.S. 1-396
§ 1-396. When complaint filed.
G.S. 1-397
§ 1-397. Repealed by Session Laws 1943, c. 543.
G.S. 1-398
§ 1-398. Filing time enlarged.
G.S. 1-399
§ 1-399. Repealed by Session Laws 1999-216, s.2.
G.S. 1-400
§ 1-400. Ex parte; commenced by petition.
G.S. 1-401
§ 1-401. Clerk acts summarily; signing by petitioners; authorization to attorney.
G.S. 1-402
§ 1-402. Judge approves when petitioner is infant.
G.S. 1-403
§ 1-403. Orders signed by judge.
G.S. 1-404
§ 1-404. Reports of commissioners and jurors.
G.S. 1-405
§ 1-405. No report set aside for trivial defect.
G.S. 1-406
§ 1-406. Commissioner of sale to account in sixty days.
G.S. 1-407
§ 1-407. Commissioner holding proceeds of land sold for reinvestment to give bond.
G.S. 1-407.1
§ 1-407.1. Bond required to protect interest of infant or incompetent.
G.S. 1-407.2
§ 1-407.2. When court may waive bond; premium paid from fund protected.
G.S. 1-408
§ 1-408. Action in which clerk may allow fees of commissioners; fees taxed as costs.
G.S. 1-408.1
§ 1-408.1. Clerk may order surveys in civil actions and special proceedings involving sale of land.
Article 34 - Arrest and Bail.
G.S. 1-409
§ 1-409. Arrest only as herein prescribed.
G.S. 1-410
§ 1-410. In what cases arrest allowed.
G.S. 1-411
§ 1-411. Order and affidavit.
G.S. 1-412
§ 1-412. Undertaking before order.
G.S. 1-413
§ 1-413. Issuance and form of order.
G.S. 1-414
§ 1-414. Copies of affidavit and order to defendant.
G.S. 1-415
§ 1-415. Execution of order.
G.S. 1-416
§ 1-416. Vacation of order for failure to serve.
G.S. 1-417
§ 1-417. Motion to vacate order; jury trial.
G.S. 1-418
§ 1-418. Counter affidavits by plaintiff.
G.S. 1-419
§ 1-419. How defendant discharged.
G.S. 1-420
§ 1-420. Defendant's undertaking.
G.S. 1-421
§ 1-421. Defendant's undertaking delivered to clerk; exception.
G.S. 1-422
§ 1-422. Notice of justification; new bail.
G.S. 1-423
§ 1-423. Qualifications of bail.
G.S. 1-424
§ 1-424. Justification of bail.
G.S. 1-425
§ 1-425. Allowance of bail.
G.S. 1-426
§ 1-426. Deposit in lieu of bail.
G.S. 1-427
§ 1-427. Deposit paid into court; liability on sheriff's bond.
G.S. 1-428
§ 1-428. Bail substituted for deposit.
G.S. 1-429
§ 1-429. Deposit applied to plaintiff's judgment.
G.S. 1-430
§ 1-430. Defendant in jail, sheriff may take bail.
G.S. 1-431
§ 1-431. When sheriff liable as bail.
G.S. 1-432
§ 1-432. Action on sheriff's bond.
G.S. 1-433
§ 1-433. Bail exonerated.
G.S. 1-434
§ 1-434. Surrender of defendant.
G.S. 1-435
§ 1-435. Bail may arrest defendant.
G.S. 1-436
§ 1-436. Proceedings against bail by motion.
G.S. 1-437
§ 1-437. Liability of bail to sheriff.
G.S. 1-438
§ 1-438. When bail to pay costs.
G.S. 1-439
§ 1-439. Bail not discharged by amendment.
Article 35 - Attachment.
G.S. 1-440
§ 1-440. Superseded by Session Laws 1947, c. 693, codified as § 1- 440.1 et seq.
G.S. 1-440.1
§ 1-440.1. Nature of attachment.
G.S. 1-440.2
§ 1-440.2. Actions in which attachment may be had.
G.S. 1-440.3
§ 1-440.3. Grounds for attachment.
G.S. 1-440.4
§ 1-440.4. Property subject to attachment.
G.S. 1-440.5
§ 1-440.5. By whom order issued; when and where; filing of bond and affidavit.
G.S. 1-440.6
§ 1-440.6. Time of issuance with reference to summons or service by publication.
G.S. 1-440.7
§ 1-440.7. Time within which service of summons or service by publication must be had.
G.S. 1-440.8
§ 1-440.8. General provisions relative to bonds.
G.S. 1-440.9
§ 1-440.9. Authority of court to fix procedural details.
G.S. 1-440.10
§ 1-440.10. Bond for attachment.
G.S. 1-440.11
§ 1-440.11. Affidavit for attachment; amendment.
G.S. 1-440.12
§ 1-440.12. Order of attachment; form and contents.
G.S. 1-440.13
§ 1-440.13. Additional orders of attachment at time of original order; alias and pluries orders.
G.S. 1-440.14
§ 1-440.14. Notice of issuance of order of attachment when no personal service.
G.S. 1-440.15
§ 1-440.15. Method of execution.
G.S. 1-440.16
§ 1-440.16. Sheriff's return.
G.S. 1-440.17
§ 1-440.17. Levy on real property.
G.S. 1-440.18
§ 1-440.18. Levy on tangible personal property in defendant's possession.
G.S. 1-440.19
§ 1-440.19. Levy on stock in corporation.
G.S. 1-440.20
§ 1-440.20. Levy on goods in warehouses.
G.S. 1-440.21
§ 1-440.21. Nature of garnishment.
G.S. 1-440.22
§ 1-440.22. Issuance of summons to garnishee.
G.S. 1-440.23
§ 1-440.23. Form of summons to garnishee.
G.S. 1-440.24
§ 1-440.24. Form of notice of levy in garnishment proceeding.
G.S. 1-440.25
§ 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee.
G.S. 1-440.26
§ 1-440.26. To whom garnishment process may be delivered when garnishee is corporation.
G.S. 1-440.27
§ 1-440.27. Failure of garnishee to appear.
G.S. 1-440.28
§ 1-440.28. Admission by garnishee; setoff; lien.
G.S. 1-440.29
§ 1-440.29. Denial of claim by garnishee; issues of fact.
G.S. 1-440.30
§ 1-440.30. Time of jury trial.
G.S. 1-440.31
§ 1-440.31. Payment to defendant by garnishee.
G.S. 1-440.32
§ 1-440.32. Execution against garnishee.
G.S. 1-440.33
§ 1-440.33. When lien of attachment begins; priority of liens.
G.S. 1-440.34
§ 1-440.34. Effect of defendant's death after levy.
G.S. 1-440.35
§ 1-440.35. Sheriff's liability for care of attached property; expense of care.
G.S. 1-440.36
§ 1-440.36. Dissolution of the order of attachment.
G.S. 1-440.37
§ 1-440.37. Modification of the order of attachment.
G.S. 1-440.38
§ 1-440.38. Stay of order dissolving or modifying an order of attachment.
G.S. 1-440.39
§ 1-440.39. Discharge of attachment upon giving bond.
G.S. 1-440.40
§ 1-440.40. Defendant's objection to bond or surety.
G.S. 1-440.41
§ 1-440.41. Defendant's remedies not exclusive.
G.S. 1-440.42
§ 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.
G.S. 1-440.43
§ 1-440.43. Remedies of third person claiming attached property or interest therein.
G.S. 1-440.44
§ 1-440.44. When attached property to be sold before judgment.
G.S. 1-440.45
§ 1-440.45. When defendant prevails in principal action.
G.S. 1-440.46
§ 1-440.46. When plaintiff prevails in principal action.
G.S. 1-441 through 1-471
§§ 1-441 through 1-471: Superseded by Session Laws 1947, c. 693, codified as §§ 1-440.1 through 1-440.57.
Article 36 - Claim and Delivery.
G.S. 1-472
§ 1-472. Claim for delivery of personal property.
G.S. 1-473
§ 1-473. Affidavit and requisites.
G.S. 1-474
§ 1-474. Order of seizure and delivery to plaintiff.
G.S. 1-474.1
§ 1-474.1. Notice of hearing; waiver; permissible form of notice and waiver.
G.S. 1-475
§ 1-475. Plaintiff's undertaking.
G.S. 1-476
§ 1-476. Sheriff's duties.
G.S. 1-477
§ 1-477. Exceptions to undertaking; liability of sheriff.
G.S. 1-478
§ 1-478. Defendant's undertaking for replevy.
G.S. 1-479
§ 1-479. Qualification and justification of defendant's sureties.
G.S. 1-480
§ 1-480. Property concealed in buildings.
G.S. 1-481
§ 1-481. Care and delivery of seized property.
G.S. 1-482
§ 1-482. Property claimed by third person; proceedings.
G.S. 1-483
§ 1-483. Delivery of property to intervener.
G.S. 1-484
§ 1-484. Sheriff to return papers in 10 days.
G.S. 1-484.1
§ 1-484.1. Remedy not exclusive.
Article 37 - Injunction.
G.S. 1-485
§ 1-485. When preliminary injunction issued.
G.S. 1-486
§ 1-486. When solvent defendant restrained.
G.S. 1-487
§ 1-487. Timberlands, trial of title to.
G.S. 1-488
§ 1-488. When timber may be cut.
G.S. 1-489 through 1-492
§§ 1-489 through 1-492. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-493
§ 1-493. What judges have jurisdiction.
G.S. 1-494
§ 1-494. Before what judge returnable.
G.S. 1-495
§ 1-495. Stipulation as to judge to hear.
G.S. 1-496 through 1-497
§§ 1-496 through 1-497. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-498
§ 1-498. Application to extend, modify, or vacate; before whom heard.
G.S. 1-499
§ 1-499. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-500
§ 1-500. Restraining orders and injunctions in effect pending appeal; indemnifying bond.
Article 38 - Receivers.
G.S. 1-501
§ 1-501. What judge appoints.
G.S. 1-502
§ 1-502. In what cases appointed.
G.S. 1-502.1
§ 1-502.1. Applicant for receiver to furnish bond to adverse party.
G.S. 1-503
§ 1-503. Appointment refused on bond being given.
G.S. 1-504
§ 1-504. Receiver's bond.
G.S. 1-505
§ 1-505. Sale of property in hands of receiver.
G.S. 1-506
§ 1-506. Repealed by Session Laws 1955, c. 399, s. 2.
G.S. 1-507
§ 1-507. Validation of sales made outside county of action.
G.S. 1-507.1
§§ 1-507.1 through 1-507.11: Repealed by Session Laws 2020-75, s. 2(b), effective January 1, 2021.
G.S. 1-507.10
§§ 1-507.1 through 1-507.11: Repealed by Session Laws 2020-75, s. 2(b), effective January 1, 2021.
G.S. 1-507.11
§§ 1-507.1 through 1-507.11: Repealed by Session Laws 2020-75, s. 2(b), effective January 1, 2021.
Article 38A - North Carolina Commercial Receivership Act.
G.S. 1-507.20
§ 1-507.20. Short title; definitions.
G.S. 1-507.21
§ 1-507.21. Applicability of Article and of common law.
G.S. 1-507.22
§ 1-507.22. Powers of the court.
G.S. 1-507.23
§ 1-507.23. Types of receiverships.
G.S. 1-507.24
§ 1-507.24. Appointment of receivers; receivership not a trust.
G.S. 1-507.25
§ 1-507.25. Eligibility of receiver.
G.S. 1-507.26
§ 1-507.26. Bond.
G.S. 1-507.27
§ 1-507.27. Defenses and immunities; discovery.
G.S. 1-507.28
§ 1-507.28. Powers and duties of receivers.
G.S. 1-507.29
§ 1-507.29. Receiver as lien creditor; real estate recording; subsequent sales of real estate.
G.S. 1-507.30
§ 1-507.30. Duties of debtor.
G.S. 1-507.31
§ 1-507.31. Employment and compensation of professionals.
G.S. 1-507.32
§ 1-507.32. Schedules of property and claims.
G.S. 1-507.33
§ 1-507.33. Notice.
G.S. 1-507.34
§ 1-507.34. Notices; motions; orders.
G.S. 1-507.35
§ 1-507.35. Records; interim reports; status hearings.
G.S. 1-507.36
§ 1-507.36. Removal of receivers.
G.S. 1-507.37
§ 1-507.37. Termination of receiverships; final report.
G.S. 1-507.38
§ 1-507.38. Actions by or against receiver; actions relating to receivership property.
G.S. 1-507.39
§ 1-507.39. Procedure for determining individual business debtor's exempt property.
G.S. 1-507.40
§ 1-507.40. Turnover of receivership property.
G.S. 1-507.41
§ 1-507.41. Ancillary receiverships.
G.S. 1-507.42
§ 1-507.42. Stays.
G.S. 1-507.43
§ 1-507.43. Utility service.
G.S. 1-507.44
§ 1-507.44. Receivership financing.
G.S. 1-507.45
§ 1-507.45. Executory contracts.
G.S. 1-507.46
§ 1-507.46. Use or transfer of receivership property not in ordinary course.
G.S. 1-507.47
§ 1-507.47. Abandonment of property.
G.S. 1-507.48
§ 1-507.48. Liens against after-acquired property.
G.S. 1-507.49
§ 1-507.49. Claims process.
G.S. 1-507.50
§ 1-507.50. Objection to and allowance of claims.
G.S. 1-507.51
§ 1-507.51. Priority of claims.
G.S. 1-507.52
§ 1-507.52. Interest on unsecured claims.
G.S. 1-507.53
§ 1-507.53. Distributions.
G.S. 1-507.54
§ 1-507.54. Effect of enforcement by secured party.
Article 39 - Deposit or Delivery of Money or Other Property.
G.S. 1-508
§ 1-508. Ordered paid into court.
G.S. 1-509
§ 1-509. Ordered seized by sheriff.
G.S. 1-510
§ 1-510. Defendant ordered to satisfy admitted sum.
Article 40 - Mandamus.
G.S. 1-511 through 1-513
§§ 1-511 through 1-513. Repealed by Session Laws 1967, c. 954, s. 4.
Article 41 - Quo Warranto.
G.S. 1-514
§ 1-514. Writs of sci. fa. and quo warranto abolished.
G.S. 1-515
§ 1-515. Action by Attorney General.
G.S. 1-516
§ 1-516. Action by private person with leave.
G.S. 1-517
§ 1-517. Solvent sureties required.
G.S. 1-518
§ 1-518. Leave withdrawn and action dismissed for insufficient bond.
G.S. 1-519
§ 1-519. Arrest and bail of defendant usurping office.
G.S. 1-520
§ 1-520. Several claims tried in one action.
G.S. 1-521
§ 1-521. Trials expedited.
G.S. 1-522
§ 1-522. Time for bringing action.
G.S. 1-523
§ 1-523. Defendant's undertaking before answer.
G.S. 1-524
§ 1-524. Possession of office not disturbed pending trial.
G.S. 1-525
§ 1-525. Judgment by default and inquiry on failure of defendant to give bond.
G.S. 1-526
§ 1-526. Service of summons and complaint.
G.S. 1-527
§ 1-527. Judgment in such actions.
G.S. 1-528
§ 1-528. Mandamus to aid relator.
G.S. 1-529
§ 1-529. Appeal; bonds of parties.
G.S. 1-530
§ 1-530. Relator inducted into office; duty.
G.S. 1-531
§ 1-531. Refusal to surrender official papers misdemeanor.
G.S. 1-532
§ 1-532. Action to recover property forfeited to State.
Article 42 - Waste.
G.S. 1-533
§ 1-533. Remedy and judgment.
G.S. 1-534
§ 1-534. For and against whom action lies.
G.S. 1-535
§ 1-535. Tenant in possession liable.
G.S. 1-536
§ 1-536. Action by tenant against cotenant.
G.S. 1-537
§ 1-537. Action by heirs.
G.S. 1-538
§ 1-538. Judgment for treble damages and possession.
Article 43 - Nuisance and Other Wrongs.
G.S. 1-538.1
§ 1-538.1. Strict liability for damage to person or property by minors.
G.S. 1-538.2
§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft, embezzlement, obtaining property by false pretense, and other offenses.
G.S. 1-538.3
§ 1-538.3. Negligent supervision of minor.
G.S. 1-539
§ 1-539. Remedy for nuisance.
G.S. 1-539.1
§ 1-539.1. Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
G.S. 1-539.2
§ 1-539.2. Dismantling portion of building.
G.S. 1-539.2A
§ 1-539.2A. Damages for computer trespass.
G.S. 1-539.2B
§ 1-539.2B. Triple damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.
G.S. 1-539.2C
§ 1-539.2C. Damages for identity theft.
G.S. 1-539.2D
§ 1-539.2D. Civil liability for acts of terror.
Article 43A - Adjudication of Small Claims in Superior Court.
G.S. 1-539.3 through 1-539.8
§§ 1-539.3 through 1-539.8: Repealed by Session Laws 1971, c. 268, s. 34.
Article 43B - Defense of Charitable Immunity Abolished; and Qualified Immunity for Volunteers.
G.S. 1-539.9
§ 1-539.9. Defense abolished as to actions arising after September 1, 1967.
G.S. 1-539.10
§ 1-539.10. Immunity from civil liability for volunteers.
G.S. 1-539.11
§ 1-539.11. Definitions.
G.S. 1-539.12
§ 1-539.12. Immunity from civil liability for employers disclosing information.
Article 43C - Actions Pertaining to Local Units of Government.
G.S. 1-539.15
§ 1-539.15: Repealed by Session Laws 1981, c. 777, s. 1.
G.S. 1-539.16
§ 1-539.16. Notice of claims against local units of government.
Article 43D - Abolition of Parent-Child Immunity in Motor Vehicle Cases.
G.S. 1-539.21
§ 1-539.21. Abolition of parent-child immunity in motor vehicle cases.
Article 43E - Affirmative Defense Based on Year 2000 Failure.
G.S. 1-539.25
§ 1-539.25. Expired October 1, 2000 (see previous document versions for former law).
G.S. 1-539.26
§ 1-539.26. Expired October 1, 2000. (see previous document versions for former law)
Article 43F - Immunity for Damage to Vehicle.
G.S. 1-539.27
§ 1-539.27. Immunity from civil liability for damage to railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft necessary for assistance.
Article 44 - Compromise.
G.S. 1-540
§ 1-540. By agreement receipt of less sum is discharge.
G.S. 1-540.1
§ 1-540.1. Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice.
G.S. 1-540.2
§ 1-540.2. Settlement of property damage claims arising from motor vehicle collisions or accidents; same not to constitute admission of liability, nor bar party seeking damages for bodily injury or death.
G.S. 1-540.3
§ 1-540.3. Advance payments.
G.S. 1-541 through 1-543
§§ 1-541 through 1-543. Repealed by Session Laws 1967, c. 954, s. 4.
Article 44A - Tender.
G.S. 1-543.1
§ 1-543.1. Service of order of tender; return.
Article 44B - Structured Settlement Protection Act.
G.S. 1-543.10
§ 1-543.10. Title.
G.S. 1-543.11
§ 1-543.11. Definitions.
G.S. 1-543.12
§ 1-543.12. Structured settlement payment rights.
G.S. 1-543.13
§ 1-543.13. Jurisdiction.
G.S. 1-543.14
§ 1-543.14. Procedure for approval of transfers.
G.S. 1-543.15
§ 1-543.15. No waiver; penalties.
Article 45 - Arbitration and Award.
G.S. 1-544 through 1-567
§§ 1-544 through 1-567. Repealed by Session Laws 1973, c. 676, s. 1.
Article 45A - Arbitration and Award.
G.S. 1-567.1
§§ 1-567.1 through 1-567.20: Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date.
G.S. 1-567.2
§§ 1-567.1 through 1-567.20: Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date.
G.S. 1-567.19
§§ 1-567.1 through 1-567.20: Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date.
G.S. 1-567.20
§§ 1-567.1 through 1-567.20: Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date.
Article 45B - International Commercial Arbitration and Conciliation.
G.S. 1-567.30
§ 1-567.30. Preamble and short title.
G.S. 1-567.31
§ 1-567.31. Scope of application.
G.S. 1-567.32
§ 1-567.32. Definitions and rules of interpretation.
G.S. 1-567.33
§ 1-567.33. Receipt of written communications or submissions.
G.S. 1-567.33A
§ 1-567.33A. Severability.
G.S. 1-567.34
§ 1-567.34. Waiver of right to object.
G.S. 1-567.35
§ 1-567.35. Extent of court intervention.
G.S. 1-567.36
§ 1-567.36. Venue and jurisdiction of courts.
Modified by:
G.S. 1-567.37
§ 1-567.37. Definition and form of arbitration agreement.
G.S. 1-567.38
§ 1-567.38. Arbitration agreement and substantive claim before court.
G.S. 1-567.39
§ 1-567.39. Interim relief and the enforcement of interim measures.
G.S. 1-567.40
§ 1-567.40. Number of arbitrators.
G.S. 1-567.41
§ 1-567.41. Appointment of arbitrators.
G.S. 1-567.43A
§ 1-567.43A. Disclosure by arbitrator.
G.S. 1-567.44
§ 1-567.44. Failure or impossibility to act.
Modified by:
G.S. 1-567.45
§ 1-567.45. Appointment of substitute arbitrator.
G.S. 1-567.46
§ 1-567.46. Competence of arbitral tribunal to rule on its jurisdiction.
G.S. 1-567.47
§ 1-567.47. Power of arbitral tribunal to order interim measures.
G.S. 1-567.48
§ 1-567.48. Equal treatment of parties; representation by attorney.
G.S. 1-567.49
§ 1-567.49. Determination of rules of procedure.
G.S. 1-567.50
§ 1-567.50. Place of arbitration.
G.S. 1-567.50A
§ 1-567.50A. Consolidation.
G.S. 1-567.51
§ 1-567.51. Commencement of arbitral proceedings.
G.S. 1-567.52
§ 1-567.52. Language.
G.S. 1-567.53
§ 1-567.53. Statements of claim and defense.
G.S. 1-567.54
§ 1-567.54. Hearings and written proceedings.
G.S. 1-567.55
§ 1-567.55. Default of a party.
G.S. 1-567.56
§ 1-567.56. Expert appointed by arbitral tribunal.
G.S. 1-567.57
§ 1-567.57. Court assistance in obtaining discovery and taking evidence.
G.S. 1-567.58
§ 1-567.58. Rules applicable to substance of dispute.
G.S. 1-567.59
§ 1-567.59. Decision making by panel of arbitrators.
G.S. 1-567.60
§ 1-567.60. Settlement.
G.S. 1-567.61
§ 1-567.61. Form and contents of award.
G.S. 1-567.62
§ 1-567.62. Termination of proceedings.
G.S. 1-567.63
§ 1-567.63. Correction and interpretation of awards; additional awards.
G.S. 1-567.64
§ 1-567.64. Modifying or vacating of awards.
G.S. 1-567.65
§ 1-567.65. Confirmation and enforcement of awards.
G.S. 1-567.66
§ 1-567.66. Applications to court.
G.S. 1-567.67
§ 1-567.67. Appeals.
G.S. 1-567.68
§ 1-567.68: Recodified as § 1-567.33A by Session Laws 1997-368, s. 3.
G.S. 1-567.78
§ 1-567.78. Appointment of conciliators.
G.S. 1-567.79
§ 1-567.79. Representation.
G.S. 1-567.80
§ 1-567.80. Report of conciliators.
G.S. 1-567.81
§ 1-567.81. Confidentiality.
G.S. 1-567.82
§ 1-567.82. Stay of arbitration; resort to other proceedings.
G.S. 1-567.83
§ 1-567.83. Termination of conciliation.
G.S. 1-567.84
§ 1-567.84. Enforceability of decree.
G.S. 1-567.85
§ 1-567.85. Costs.
G.S. 1-567.86
§ 1-567.86. Effect on jurisdiction.
G.S. 1-567.87
§ 1-567.87. Immunity of conciliators and parties.
G.S. 1-567.88
§ 1-567.88. Uniformity of application and construction.
G.S. 1-567.89
§ 1-567.89. Relationship to federal Electronic Signatures in Global and National Commerce Act.
G.S. 1-568
§ 1-568: Repealed by Session Laws 1951, c. 760, s. 2.
G.S. 1-568.1 through 1-568.27
§§ 1-568.1 through 1-568.27. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-569
§ 1-569. Repealed by Session Laws 1951, c. 760, s. 2.
Article 45C - Revised Uniform Arbitration Act.
G.S. 1-569.1
§ 1-569.1. Definitions.
G.S. 1-569.2
§ 1-569.2. Notice.
G.S. 1-569.3
§ 1-569.3. When Article applies.
G.S. 1-569.4
§ 1-569.4. Effect of agreement to arbitrate; nonwaivable provisions.
G.S. 1-569.5
§ 1-569.5. Application for judicial relief.
G.S. 1-569.6
§ 1-569.6. Validity of agreement to arbitrate.
G.S. 1-569.7
§ 1-569.7. Motion to compel or stay arbitration.
G.S. 1-569.8
§ 1-569.8. Provisional remedies.
G.S. 1-569.9
§ 1-569.9. Initiation of arbitration.
G.S. 1-569.10
§ 1-569.10. Consolidation of separate arbitration proceedings.
G.S. 1-569.11
§ 1-569.11. Appointment of arbitrator; service as a neutral arbitrator.
G.S. 1-569.12
§ 1-569.12. Disclosure by arbitrator.
G.S. 1-569.13
§ 1-569.13. Action by majority.
G.S. 1-569.14
§ 1-569.14. Immunity of arbitrator; competency to testify; attorneys' fees and costs.
G.S. 1-569.15
§ 1-569.15. Arbitration process.
G.S. 1-569.16
§ 1-569.16. Representation by lawyer.
G.S. 1-569.17
§ 1-569.17. Witnesses; subpoenas; depositions; discovery.
G.S. 1-569.18
§ 1-569.18. Judicial enforcement of preaward ruling by arbitrator.
G.S. 1-569.19
§ 1-569.19. Award.
G.S. 1-569.20
§ 1-569.20. Change of award by arbitrator.
G.S. 1-569.21
§ 1-569.21. Remedies; fees and expenses of arbitration proceeding.
G.S. 1-569.22
§ 1-569.22. Confirmation of award.
G.S. 1-569.23
§ 1-569.23. Vacating award.
G.S. 1-569.24
§ 1-569.24. Modification or correction of award.
G.S. 1-569.25
§ 1-569.25. Judgment on award; attorneys' fees and litigation expenses.
G.S. 1-569.26
§ 1-569.26. Jurisdiction.
G.S. 1-569.27
§ 1-569.27. Venue.
G.S. 1-569.28
§ 1-569.28. Appeals.
G.S. 1-569.29
§ 1-569.29. Uniformity of application and construction.
G.S. 1-569.30
§ 1-569.30. Relationship to federal Electronic Signatures in Global and National Commerce Act.
G.S. 1-569.31
§ 1-569.31. Short title.
Article 46 - Examination Before Trial.
G.S. 1-570
§ 1-570: Repealed.
G.S. 1-571
§ 1-571: Repealed.
G.S. 1-572
§ 1-572: Repealed.
G.S. 1-573
§ 1-573: Repealed.
G.S. 1-574
§ 1-574: Repealed.
G.S. 1-575
§ 1-575: Repealed.
G.S. 1-576
§ 1-576: Repealed.
Article 47 - Motions and Orders.
G.S. 1-577 through 1-584
§§ 1-577 through 1-584. Repealed by Session Laws 1967, c. 954, s. 4.
Article 48 - Notices.
G.S. 1-585 through 1-589
§§ 1-585 through 1-589. Repealed by Session Laws 1967, c. 954, s. 4.
G.S. 1-589.1
§ 1-589.1. Withholding information necessary for service on law-enforcement officer prohibited.
G.S. 1-590 through 1-592
§§ 1-590 through 1-592. Repealed by Session Laws 1967, c. 954, s. 4.
Article 49 - Time.
G.S. 1-593
§ 1-593. How computed.
G.S. 1-594
§ 1-594. Computation in publication.
Article 50 - General Provisions as to Legal Advertising.
G.S. 1-595
§ 1-595. Advertisement of public sales.
G.S. 1-596
§ 1-596. Charges for legal advertising.
G.S. 1-597
§ 1-597. Regulations for newspaper publication of legal notices, advertisements, etc.
G.S. 1-598
§ 1-598. Sworn statement prima facie evidence of qualifications; affidavit of publication.
G.S. 1-599
§ 1-599. Application of two preceding sections.
G.S. 1-600
§ 1-600. Proof of publication of notice in newspaper; prima facie evidence.
G.S. 1-601
§ 1-601. Certain legal advertisements validated.
Article 51 - False Claims Act.
G.S. 1-605
§ 1-605. Short title; purpose.
G.S. 1-606
§ 1-606. Definitions.
G.S. 1-607
§ 1-607. False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions.
G.S. 1-608
§ 1-608. Civil actions for false claims.
G.S. 1-609
§ 1-609. Rights of the parties to qui tam actions.
G.S. 1-610
§ 1-610. Award to qui tam plaintiff.
G.S. 1-611
§ 1-611. Certain actions barred.
G.S. 1-612
§ 1-612. State not liable for certain expenses.
G.S. 1-613
§ 1-613. Private action for retaliation action.
G.S. 1-614
§ 1-614. Civil investigative demand.
G.S. 1-615
§ 1-615. False claims procedure.
G.S. 1-616
§ 1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history.
G.S. 1-617
§ 1-617. Reporting.
G.S. 1-618
§ 1-618. Rules.
Article 52 - Limited Civil Liability of Domestic Violence Shelters and Persons Associated With the Shelters.
G.S. 1-630
§ 1-630. Definitions.
G.S. 1-631
§ 1-631. Immunity of a domestic violence shelter and any person associated with the shelter concerning torts committed on the shelter's premises.
Article 53 - Uniform Collaborative Law Act.
G.S. 1-641
§ 1-641. Short title.
G.S. 1-642
§ 1-642. Definitions.
G.S. 1-643
§ 1-643. Applicability; restrictions.
G.S. 1-644
§ 1-644. Collaborative law participation agreement; requirements.
G.S. 1-645
§ 1-645. Beginning and concluding collaborative law process; tolling of time periods.
G.S. 1-646
§ 1-646. Proceedings pending before tribunal; status report.
G.S. 1-647
§ 1-647. Emergency order.
G.S. 1-648
§ 1-648. Approval of agreement by tribunal.
G.S. 1-649
§ 1-649. Disqualification of collaborative lawyer and lawyers in associated law firm.
G.S. 1-650
§ 1-650. Low-income parties.
G.S. 1-651
§ 1-651. Governmental entity as party.
G.S. 1-652
§ 1-652. Disclosure of information.
G.S. 1-653
§ 1-653. Standards of professional responsibility not affected.
G.S. 1-654
§ 1-654. Informed consent.
G.S. 1-655
§ 1-655. No liability for decision to participate.
G.S. 1-656
§ 1-656. Confidentiality of collaborative law communication.
G.S. 1-657
§ 1-657. Privilege against disclosure for collaborative law communication; admissibility; discovery.
G.S. 1-658
§ 1-658. Waiver and preclusion of privilege.
G.S. 1-659
§ 1-659. Limits of privilege.
G.S. 1-660
§ 1-660. Authority of tribunal in case of noncompliance.
G.S. 1-661
§ 1-661. Alternative dispute resolution permitted.
G.S. 1-662
§ 1-662. Uniformity of application and construction.
G.S. 1-663
§ 1-663. Relation to Electronic Signatures in Global and National Commerce Act.