7A-257. Waiver of proper division.
Any party may move for transfer between the trial divisions as provided in this Article. Failure of a party to move for transfer within the time prescribed is a waiver of any objection to the division, except that there shall be no waiver of the jurisdiction of the superior court division in probate of wills and administration of decedents' estates. Where more than one party is aligned in interest, any party may move for transfer of the entire case, notwithstanding waiver by other parties or coparties. A waiver of objection to the division does not prevent the judge from ordering a transfer on his own motion as provided in this Article. (1965, c. 310, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions.
§ 7A-255 - Clerk of superior court processes all actions and proceedings.
§ 7A-256 - Causes docketed and retained in originally designated trial division until transferred.
§ 7A-257 - Waiver of proper division.
§ 7A-258 - Motion to transfer.