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Home » US Law » 2022 North Carolina General Statutes » Chapter 7A - Judicial Department » Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions.

§ 7A-255 – Clerk of superior court processes all actions and proceedings.

7A-255. Clerk of superior court processes all actions and proceedings. All civil actions and proceedings in the General Court of Justice are instituted in, and the original records thereof are maintained in, the office of the clerk of superior court, without regard to the trial divisions in which the cause is pending from time to […]

§ 7A-257 – Waiver of proper division.

7A-257. Waiver of proper division. Any party may move for transfer between the trial divisions as provided in this Article. Failure of a party to move for transfer within the time prescribed is a waiver of any objection to the division, except that there shall be no waiver of the jurisdiction of the superior court […]

§ 7A-258 – Motion to transfer.

7A-258. Motion to transfer. (a) Any party, including the plaintiff, may move on notice to all parties to transfer the civil action or special proceeding to the proper division when the division in which the case is pending is improper under the rules stated in this Subchapter. A motion to transfer to another division may […]

§ 7A-259 – Transfer on judge's own motion.

7A-259. Transfer on judge’s own motion. (a) If no party has moved for transfer within the time allowed to parties, any superior court judge who may hear and determine motions to transfer may order a transfer upon his own motion for the purpose of efficient administration of the trial divisions at any time before the […]

§ 7A-260 – Review of transfer matters.

7A-260. Review of transfer matters. Orders transferring or refusing to transfer are not immediately appealable, even for abuse of discretion. Such orders are reviewable only by the appellate division on appeal from a final judgment. If on review, such an order is found erroneous, reversal or remand is not granted unless prejudice is shown. If, […]