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 proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed, or by order of court.
(b) After a cause has been directed to be removed, and prior to the time that the transcript is deposited with the court to which the cause is removed, depositions may be taken in the cause, and subpoenas for the attendance of witnesses and commissions to take depositions may issue from either of the said courts, under the same rules as if the cause had been originally commenced in the court from which the subpoenas or commissions issued. (1806, c. 694, s. 12, P.R.; 1810, c. 787, P.R.; R.C., c. 31, s. 118; C.C.P., s. 69; Code, ss. 195, 198; Rev., s. 428; C.S., c. 474; 1967, c. 954, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-76 - Where subject of action situated.
§ 1-76.1 - Where deficiency debtor resides or where loan was negotiated.
§ 1-77 - Where cause of action arose.
§ 1-78 - Official bonds, executors and administrators.
§ 1-80 - Foreign corporations.
§ 1-81 - Actions against railroads.
§ 1-81.1 - Venue in apportionment or redistricting cases; certain injunctive relief actions.
§ 1-82 - Venue in all other cases.
§ 1-84 - Removal for fair trial.
§ 1-85 - Affidavits on hearing for removal; when removal ordered.
§ 1-87 - Transcript of removal; subsequent proceedings; depositions.