North Carolina General Statutes
Article 19 - Small Claim Actions in District Court.
§ 7A-222 - General trial practice and procedure.

7A-222. General trial practice and procedure.
(a) Trial of a small claim action before a magistrate is without a jury. The rules of evidence applicable in the trial of civil actions generally are observed. At the conclusion of plaintiff's evidence the magistrate may render judgment of dismissal if plaintiff has failed to establish a prima facie case. If a judgment of dismissal is not rendered the defendant may introduce evidence. At the conclusion of all the evidence the magistrate may render judgment or may in his discretion reserve judgment for a period not in excess of 10 days, except as provided in subsection (b) of this section.
(b) In a small claim action for summary ejectment, the magistrate shall render judgment on the same day on which the conclusion of all the evidence and submission of legal authorities occurs, unless the parties concur on an extension of additional time for entering the judgment and except for more complex summary ejectment cases, in which event the magistrate shall render judgment within five business days of the hearing. Complex summary ejectment cases include cases brought for criminal activity, breaches other than nonpayment of rent, evictions involving SECTION 8 of the Housing Act of 1937 (42 U.S.C. 1437f) or public housing tenants, and cases with counterclaims.
(c) Notwithstanding G.S. 84-4, a party in a small claim action shall not be required to obtain legal representation. (1965, c. 310, s. 1; 1971, c. 377, s. 11; 2013-334, s. 1; 2017-143, s. 2(a).)

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-216 - Form of complaint.

§ 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-228 - New trial before magistrate; appeal for trial de novo; how appeal perfected; oral notice; dismissal.

§ 7A-229 - Trial de novo on appeal.

§ 7A-230 - Jury trial on appeal.

§ 7A-231 - Provisional and incidental remedies.

§ 7A-232 - Forms.