1-413. Issuance and form of order.
The order may be made to accompany the summons, or to issue at any time afterwards, before judgment. It shall require the sheriff of the county where the defendant may be found forthwith to arrest him and hold him to bail in a specified sum, and to return the order at a place and time therein mentioned to the clerk of the court in which the action is brought. Notice of the return must be served on the plaintiff or his attorney as prescribed by law for the service of other notices. The order shall include a statement that if the person arrested is an indigent person he is entitled to services of counsel under G.S. 7A-451, that he may petition for preliminary release on the basis of his indigency, that if he does so he will have an opportunity within 72 hours to suggest to a judge his indigency for purposes of appointment of counsel and preliminary release, and that the judge will thereupon immediately appoint counsel for him if it is adjudged that he is unable to pay a lawyer. Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services. (C.C.P., s. 153; Code, s. 295; Rev., s. 731; C.S., s. 771; 1977, c. 649, s. 3; 2000-144, s. 15.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-409 - Arrest only as herein prescribed.
§ 1-410 - In what cases arrest allowed.
§ 1-411 - Order and affidavit.
§ 1-412 - Undertaking before order.
§ 1-413 - Issuance and form of order.
§ 1-414 - Copies of affidavit and order to defendant.
§ 1-416 - Vacation of order for failure to serve.
§ 1-417 - Motion to vacate order; jury trial.
§ 1-418 - Counter affidavits by plaintiff.
§ 1-419 - How defendant discharged.
§ 1-420 - Defendant's undertaking.
§ 1-421 - Defendant's undertaking delivered to clerk; exception.
§ 1-422 - Notice of justification; new bail.
§ 1-423 - Qualifications of bail.
§ 1-424 - Justification of bail.
§ 1-426 - Deposit in lieu of bail.
§ 1-427 - Deposit paid into court; liability on sheriff's bond.
§ 1-428 - Bail substituted for deposit.
§ 1-429 - Deposit applied to plaintiff's judgment.
§ 1-430 - Defendant in jail, sheriff may take bail.
§ 1-431 - When sheriff liable as bail.
§ 1-432 - Action on sheriff's bond.
§ 1-434 - Surrender of defendant.
§ 1-435 - Bail may arrest defendant.
§ 1-436 - Proceedings against bail by motion.
§ 1-437 - Liability of bail to sheriff.