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§ 1-76 – Where subject of action situated.

1-76. Where subject of action situated. Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by law: (1) Recovery of real property, or […]

§ 1-76.1 – Where deficiency debtor resides or where loan was negotiated.

1-76.1. Where deficiency debtor resides or where loan was negotiated. Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains owing on a debt after secured personal property has been sold to partially satisfy the debt, must be brought in the […]

§ 1-77 – Where cause of action arose.

1-77. Where cause of action arose. Actions for the following causes must be tried in the county where the cause, or some part thereof, arose, subject to the power of the court to change the place of trial, in the cases provided by law: (1) Recovery of a penalty or forfeiture, imposed by statute; except […]

§ 1-78 – Official bonds, executors and administrators.

1-78. Official bonds, executors and administrators. All actions against executors and administrators in their official capacity, except where otherwise provided by statute, and all actions upon official bonds must be instituted in the county where the bonds were given, if the principal or any surety on the bond is in the county; if not, then […]

§ 1-79 – Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships.

1-79. Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships. (a) For the purpose of suing and being sued the residence of a domestic corporation, limited partnership, limited liability company, or registered limited liability partnership is as follows: (1) Where the registered or principal office of the corporation, limited partnership, limited liability […]

§ 1-80 – Foreign corporations.

1-80. Foreign corporations. An action against a corporation created by or under the law of any other state or government may be brought in the appropriate trial court division of any county in which the cause of action arose, or in which the corporation usually did business, or has property, or in which the plaintiffs, […]

§ 1-81 – Actions against railroads.

1-81. Actions against railroads. In all actions against railroads the action must be tried either in the county where the cause of action arose or where the plaintiff resided at that time or in some county adjoining that in which the cause of action arose, subject to the power of the court to change the […]

§ 1-81.1 – Venue in apportionment or redistricting cases; certain injunctive relief actions.

1-81.1. Venue in apportionment or redistricting cases; certain injunctive relief actions. (a) Venue lies exclusively with the Wake County Superior Court in any action concerning any act of the General Assembly apportioning or redistricting State legislative or congressional districts. (a1) Venue lies exclusively with the Wake County Superior Court with regard to any claim seeking […]

§ 1-82 – Venue in all other cases.

1-82. Venue in all other cases. In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement, or if none of the defendants reside in the State, then in the county in which the plaintiffs, or any of them, […]

§ 1-83 – Change of venue.

1-83. Change of venue. If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county, and the place of trial is […]

§ 1-84 – Removal for fair trial.

1-84. Removal for fair trial. In all civil actions in the superior and district courts, when it is suggested on oath or affirmation on behalf of the plaintiff or defendant, that there are probable grounds to believe that a fair and impartial trial cannot be obtained in the county in which the action is pending, […]

§ 1-85 – Affidavits on hearing for removal; when removal ordered.

1-85. Affidavits on hearing for removal; when removal ordered. No action, civil or criminal, shall be removed, unless the affidavit sets forth particularly and in detail the ground of the application. It is competent for the other side to controvert the allegations of fact in the application, and to offer counter affidavits to that end. […]

§ 1-87 – Transcript of removal; subsequent proceedings; depositions.

1-87. Transcript of removal; subsequent proceedings; depositions. (a) When a cause is directed to be removed, the clerk shall transmit to the court to which it is removed a transcript of the record of the case, with the prosecution bond, bail bond, and the depositions, and all other written evidences filed therein; and all other […]