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 execution shall issue thereon; the decisions shall be reported to the next session of the General Assembly for its action. The court shall […]
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 Justice and of administrative agencies, upon matters of law or legal inference, in accordance with the system of […]
7A-27. Appeals of right from the courts of the trial divisions. (a) Appeal lies of right directly to the Supreme Court in any of the following cases: (1) All cases in which the defendant is convicted of murder in the first degree and the judgment of the superior court includes a sentence of death. (2) […]
7A-28. Decisions of Court of Appeals on post-trial motions for appropriate relief, valuation of exempt property, or courts-martial are final. (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 review in the Supreme Court by appeal, motion, certification, writ, […]
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 and Human Services under G.S. 131E-188(b), the North Carolina Industrial Commission, the North Carolina State Bar under G.S. 84-28, the Property Tax […]
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 a case: (1) Which directly involves a substantial question arising under the Constitution of the United States or […]
7A-31. Discretionary review by the Supreme Court. (a) In any cause in which appeal is taken to the Court of Appeals, including any cause heard while the Court of Appeals was sitting en banc, except a cause appealed from the North Carolina Industrial Commission, the North Carolina State Bar pursuant to G.S. 84-28, the Property […]
7A-31.1. Discretionary Review by the Court of Appeals. (a) In the case of a court-martial in which appeal is taken to the Wake County Superior Court under G.S. 127A-62, the Court of Appeals may, in its discretion, on motion of any party to the cause or on its own motion, certify the cause for review […]
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 issue the writ of habeas corpus upon the application of any person described in G.S. 17-3, according […]
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. (1967, c. 108, s. 1.)
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, acts of the General Assembly. (1967, c. 108, 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 traditional civil litigation and therefore authorizes court-ordered nonbinding arbitration as an alternative civil procedure, subject to these provisions. (b) The Supreme […]
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 actions and to make civil litigation more economical, efficient, and satisfactory to litigants and the State. Therefore, this section is […]
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-38.3B, 7A-38.3D, 7A-38.3E, and 7A-38.4A, or who participate in proceedings conducted pursuant to those sections. The standards may also regulate mediator and other […]
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. (2) "Farm resident" means a person holding an interest in fee, under a real estate contract, or under a lease, in land […]
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 G.S. 58-3-33 by filing a request for mediation with the clerk of superior court in a county in which the action may be […]
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 order that mediation be conducted in matters within the clerk’s jurisdiction in order to facilitate a […]
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 court. To that end, a program of certification for these mediators shall be established in judicial districts […]
7A-38.3E. Mediation of public records disputes. (a) Voluntary Mediation. – The parties to a public records dispute under Chapter 132 of the General Statutes may agree at any time prior to filing a civil action under Chapter 132 of the General Statutes to mediation of the dispute under the provisions of this section. Mediation of […]
7A-38.3F. Prelitigation mediation of condominium and homeowners association disputes. (a) Definitions. – The following definitions apply in this section: (1) Association. – An association of unit or lot owners organized as allowed under North Carolina law, including G.S. 47C-3-101 and G.S. 47F-3-101. (2) Dispute. – Any matter relating to real estate under the jurisdiction of […]
