7A-221. Objections to venue and jurisdiction over person.
By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of venue, or object to the jurisdiction of the court over his person. These motions or objections are heard on notice by the chief district judge or a district judge designated by order or rule of the chief district judge. Assignment to the magistrate is suspended pending determination of the objection, and the clerk gives notice of the suspension by any convenient means to the magistrate to whom the action has been assigned. All these objections are waived if not made prior to the date set for trial. If venue is determined to be improper, or is ordered changed, the action is transferred to the district court of the new venue, and is not thereafter assigned to a magistrate, but proceeds as in the case of civil actions generally. (1965, c. 310, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
Article 19 - Small Claim Actions in District Court.
§ 7A-210 - Small claim action defined.
§ 7A-211 - Small claim actions assignable to magistrates.
§ 7A-211.1 - Actions to enforce motor vehicle mechanic and storage liens.
§ 7A-212 - Judgment of magistrate in civil action improperly assigned or not assigned.
§ 7A-213 - Procedure for commencement of action; request for and notice of assignment.
§ 7A-214 - Time within which trial is set.
§ 7A-215 - Procedure upon nonassignment of small claim action.
§ 7A-217 - Methods of subjecting person of defendant to jurisdiction.
§ 7A-218 - Answer of defendant.
§ 7A-219 - Certain counterclaims; cross claims; third-party claims not permissible.
§ 7A-220 - No required pleadings other than complaint.
§ 7A-221 - Objections to venue and jurisdiction over person.
§ 7A-222 - General trial practice and procedure.
§ 7A-223 - Practice and procedure in small claim actions for summary ejectment.
§ 7A-224 - Rendition and entry of judgment.
§ 7A-225 - Lien and execution of judgment.
§ 7A-226 - Priority of judgment when appeal taken.
§ 7A-227 - Stay of execution on appeal.
§ 7A-229 - Trial de novo on appeal.
§ 7A-230 - Jury trial on appeal.