7A-259. Transfer on judge's own motion.
(a) If no party has moved for transfer within the time allowed to parties, any superior court judge who may hear and determine motions to transfer may order a transfer upon his own motion for the purpose of efficient administration of the trial divisions at any time before the case is calendared for trial. Transfer is not made on the judge's own motion unless the pleadings clearly show that the case is pending in an improper division. No hearing is held on such transfers, but the parties are given prompt notice when transfer is effected. Nothing in this section affects the power of the clerk to transfer matters and proceedings pending before him when an issue of fact is raised.
(b) When a district court is established in a district, any superior court judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the district court cases pending in the superior court. (1965, c. 310, s. 1; 1967, c. 691, s. 23.)
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.