North Carolina General Statutes
Chapter 1 - Civil Procedure

§ 1-15.1 - Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act. - 1-15.1. Statutes of limitation and repose for civil actions seeking...

§ 1-17 - Disabilities. - 1-17. Disabilities. (a) A person entitled to commence an action...

§ 1-18 - Disability of marriage. - 1-18. Disability of marriage. In any action in which the...

§ 1-19 - Cumulative disabilities. - 1-19. Cumulative disabilities. When two or more disabilities coexist at...

§ 1-20 - Disability must exist when right of action accrues. - 1-20. Disability must exist when right of action accrues. No...

§ 1-21 - Defendant out of State; when action begun or judgment enforced. - 1-21. Defendant out of State; when action begun or judgment...

§ 1-22 - Death before limitation expires; action by or against personal representative or collector. - 1-22. Death before limitation expires; action by or against personal...

§ 1-23 - Time of stay by injunction or prohibition. - 1-23. Time of stay by injunction or prohibition. When the...

§ 1-24 - Time during controversy on probate of will or granting letters. - 1-24. Time during controversy on probate of will or granting...

§ 1-26 - New promise must be in writing. - 1-26. New promise must be in writing. No acknowledgment or...

§ 1-27 - Act, admission or acknowledgment by party to obligation, co-obligor or guarantor. - 1-27. Act, admission or acknowledgment by party to obligation, co-obligor...

§ 1-28 - Undisclosed partner. - 1-28. Undisclosed partner. The statutes of limitations apply to a...

§ 1-29 - Cotenants. - 1-29. Cotenants. If in actions by tenants in common or...

§ 1-30 - Applicable to actions by State. - 1-30. Applicable to actions by State. The limitations prescribed by...

§ 1-31 - Action upon a mutual, open and current account. - 1-31. Action upon a mutual, open and current account. In...

§ 1-32 - Not applicable to bank bills. - 1-32. Not applicable to bank bills. The limitations prescribed by...

§ 1-33 - Actions against bank directors or stockholders. - 1-33. Actions against bank directors or stockholders. The limitations prescribed...

§ 1-34 - Aliens in time of war. - 1-34. Aliens in time of war. When a person is...

Article 4 - Limitations, Real Property.

§ 1-35 - Title against State. - 1-35. Title against State. The State will not sue any...

§ 1-36 - Title presumed out of State. - 1-36. Title presumed out of State. In all actions involving...

§ 1-37 - Such possession valid against claimants under State. - 1-37. Such possession valid against claimants under State. All such...

§ 1-38 - Seven years' possession under color of title. - 1-38. Seven years' possession under color of title. (a) When...

§ 1-39 - Seizin within twenty years necessary. - 1-39. Seizin within twenty years necessary. No action for the...

§ 1-40 - Twenty years adverse possession. - 1-40. Twenty years adverse possession. No action for the recovery...

§ 1-41 - Action after entry. - 1-41. Action after entry. No entry upon real estate shall...

§ 1-42 - Possession follows legal title; severance of surface and subsurface rights. - 1-42. Possession follows legal title; severance of surface and subsurface...

§ 1-42.1 - Certain ancient mineral claims extinguished in certain counties. - 1-42.1. Certain ancient mineral claims extinguished in certain counties. (a)...

§ 1-42.2 - Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation. - 1-42.2. Certain additional ancient mineral claims extinguished; oil, gas and...

§ 1-42.3 - Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties. - 1-42.3. Additional ancient mineral claims extinguished in certain counties; oil,...

§ 1-42.4 - Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation. - 1-42.4. Additional ancient mineral claims extinguished in Ashe County; oil,...

§ 1-42.5 - Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county. - 1-42.5. Additional ancient mineral claims extinguished in Avery County; oil,...

§ 1-42.6 - Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation. - 1-42.6. Additional ancient oil, gas or mineral interests extinguished in...

§ 1-42.7 - Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation. - 1-42.7. Additional amount mineral claims extinguished in Chatham County; oil,...

§ 1-42.8 - Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation. - 1-42.8. Ancient mineral claims extinguished in Rutherford County; oil, gas...

§ 1-42.9 - Ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation. - 1-42.9. Ancient mineral claims extinguished; oil, gas and mineral interests...

§ 1-43 - Tenant's possession is landlord's. - 1-43. Tenant's possession is landlord's. When the relation of landlord...

§ 1-44 - No title by possession of right-of-way. - 1-44. No title by possession of right-of-way. No railroad, plank...

§ 1-44.1 - Presumption of abandonment of railroad right-of-way. - 1-44.1. Presumption of abandonment of railroad right-of-way. Any railroad which...

§ 1-44.2 - Presumptive ownership of abandoned railroad easements. - 1-44.2. Presumptive ownership of abandoned railroad easements. (a) Whenever a...

§ 1-45 - No title by possession of public ways. - 1-45. No title by possession of public ways. No person...

§ 1-45.1 - No adverse possession of property subject to public trust rights. - 1-45.1. No adverse possession of property subject to public trust...

Article 5 - Limitations, Other Than Real Property.

§ 1-46 - Periods prescribed. - 1-46. Periods prescribed. The periods prescribed for the commencement of...

§ 1-46.1 - Twelve years. - 1-46.1. Twelve years. Within 12 years an action - (1)...

§ 1-47 - Ten years. - 1-47. Ten years. Within ten years an action - (1)...

§ 1-48 - Transferred to § 1-54, subdivision (6), by Session Laws 1951, c837, s2. - 1-48. Transferred to 1-54, subdivision (6), by Session Laws 1951,...

§ 1-49 - Seven years. - 1-49. Seven years. Within seven years an action - (1)...

§ 1-50 - Six years. - 1-50. Six years. (a) Within six years an action -...

§ 1-51 - Five years. - 1-51. Five years. Within five years - (1) No suit,...

§ 1-52 - Three years. - 1-52. Three years. Within three years an action - (1)...

§ 1-53 - Two years. - 1-53. Two years. Within two years - (1) An action...

§ 1-54 - One year. - 1-54. One year. Within one year an action or proceeding...

§ 1-54.1 - Sixty days. - 1-54.1. Two months. Within two months an action contesting the...

§ 1-55 - Six months. - 1-55. Six months. Within six months an action - (1)...

Article 5A - Limitations, Actions Not Otherwise Limited.

§ 1-56 - All other actions, 10 years. - 1-56. All other actions, 10 years. (a) Except as provided...

§ 1-56.1 - No limitation for certain actions. - 1-56.1. No limitation for certain actions. Notwithstanding G.S. 1-56, an...

Article 6 - Parties.

§ 1-57 - Real party in interest; grantees and assignees. - 1-57. Real party in interest; grantees and assignees. Every action...

§ 1-58 - Suits for penalties. - 1-58. Suits for penalties. Where a penalty is imposed by...

§ 1-59 - Suit for penalty, plaintiff may reply fraud to plea of release. - 1-59. Suit for penalty, plaintiff may reply fraud to plea...

§ 1-60 - Suit on bonds; defendant may plead satisfaction. - 1-60. Suit on bonds; defendant may plead satisfaction. When an...

§ 1-62 - Action by purchaser under judicial sale. - 1-62. Action by purchaser under judicial sale. Anyone given possession...

§ 1-69.1 - Unincorporated associations and partnerships; suit by or against. - 1-69.1. Unincorporated associations and partnerships; suit by or against. (a)...

§ 1-72 - Persons jointly liable. - 1-72. Persons jointly liable. In all cases of joint contracts...

§ 1-72.1 - Procedure to assert right of access. - 1-72.1. Procedure to assert right of access. (a) Any person...

§ 1-72.2 - Standing of legislative officers. - 1-72.2. Standing of legislative officers. (a) It is the public...

§ 1-72.3 - State a party to certain actions. - 1-72.3. State a party to certain actions. The State shall...

Article 6A - Jurisdiction.

§ 1-75.1 - Legislative intent. - 1-75.1. Legislative intent. This Article shall be liberally construed to...

§ 1-75.2 - Definitions. - 1-75.2. Definitions. In this Article the following words have the...

§ 1-75.3 - Jurisdictional requirements for judgments against persons, status and things. - 1-75.3. Jurisdictional requirements for judgments against persons, status and things....

§ 1-75.4 - Personal jurisdiction, grounds for generally. - 1-75.4. Personal jurisdiction, grounds for generally. A court of this...

§ 1-75.5 - Joinder of causes in the same action. - 1-75.5. Joinder of causes in the same action. In any...

§ 1-75.6 - Personal jurisdiction - Manner of exercising by service of process. - 1-75.6. Personal jurisdiction - Manner of exercising by service of...

§ 1-75.7 - Personal jurisdiction - Grounds for without service of summons. - 1-75.7. Personal jurisdiction - Grounds for without service of summons....

§ 1-75.8 - Jurisdiction in rem or quasi in rem - Grounds for generally. - 1-75.8. Jurisdiction in rem or quasi in rem - Grounds...

§ 1-75.9 - Jurisdiction in rem or quasi in rem - Manner of exercising. - 1-75.9. Jurisdiction in rem or quasi in rem - Manner...

§ 1-75.10 - Proof of service of summons, defendant appearing in action. - 1-75.10. Proof of service of summons, defendant appearing in action....

§ 1-75.11 - Judgment against nonappearing defendant, proof of jurisdiction. - 1-75.11. Judgment against nonappearing defendant, proof of jurisdiction. Where a...

§ 1-75.12 - Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim. - 1-75.12. Stay of proceeding to permit trial in a foreign...

Article 7 - Venue.

§ 1-76 - Where subject of action situated. - 1-76. Where subject of action situated. Actions for the following...

§ 1-76.1 - Where deficiency debtor resides or where loan was negotiated. - 1-76.1. Where deficiency debtor resides or where loan was negotiated....

§ 1-77 - Where cause of action arose. - 1-77. Where cause of action arose. Actions for the following...

§ 1-78 - Official bonds, executors and administrators. - 1-78. Official bonds, executors and administrators. All actions against executors...

§ 1-79 - Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships. - 1-79. Domestic corporations, limited partnerships, limited liability companies, and registered...

§ 1-80 - Foreign corporations. - 1-80. Foreign corporations. An action against a corporation created by...

§ 1-81 - Actions against railroads. - 1-81. Actions against railroads. In all actions against railroads the...

§ 1-81.1 - Venue in apportionment or redistricting cases; certain injunctive relief actions. - 1-81.1. Venue in apportionment or redistricting cases; certain injunctive relief...

§ 1-82 - Venue in all other cases. - 1-82. Venue in all other cases. In all other cases...

§ 1-83 - Change of venue. - 1-83. Change of venue. If the county designated for that...

§ 1-84 - Removal for fair trial. - 1-84. Removal for fair trial. In all civil actions in...

§ 1-85 - Affidavits on hearing for removal; when removal ordered. - 1-85. Affidavits on hearing for removal; when removal ordered. No...

§ 1-87 - Transcript of removal; subsequent proceedings; depositions. - 1-87. Transcript of removal; subsequent proceedings; depositions. (a) When a...

Article 7A - Application of Foreign Law.

§ 1-87.12 - Definitions. - 1-87.12. Definitions. The following definitions apply in this Article: (1)...

§ 1-87.13 - Public policy. - 1-87.13. Public policy. In recognition that the United States Constitution...

§ 1-87.14 - Nonapplication of foreign law that would violate fundamental constitutional rights. - 1-87.14. Nonapplication of foreign law that would violate fundamental constitutional...

§ 1-87.15 - Interpretation of contracts providing for choice of foreign law. - 1-87.15. Interpretation of contracts providing for choice of foreign law....

§ 1-87.16 - Interpretation of contracts providing for choice of foreign venue or forum. - 1-87.16. Interpretation of contracts providing for choice of foreign venue...

§ 1-87.17 - Motions to transfer proceedings to a foreign venue or forum. - 1-87.17. Motions to transfer proceedings to a foreign venue or...

§ 1-87.18 - Contracts not capable of modification to preserve fundamental constitutional rights void. - 1-87.18. Contracts not capable of modification to preserve fundamental constitutional...

§ 1-87.19 - Strict construction of waivers of constitutional rights. - 1-87.19. Strict construction of waivers of constitutional rights. Nothing in...

§ 1-87.20 - Application. - 1-87.20. Application. The provisions in this act shall apply only...

Article 8 - Summons.

§ 1-105 - Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles. - 1-105. Service upon nonresident drivers of motor vehicles and upon...

§ 1-105.1 - Service on residents who establish residence outside the State and on residents who depart from the State. - 1-105.1. Service on residents who establish residence outside the State...

§ 1-108 - Defense after judgment set aside. - 1-108. Defense after judgment set aside. If a judgment is...

Article 9 - Prosecution Bonds.

§ 1-109 - Bond required of plaintiff for costs. - 1-109. Bond required of plaintiff for costs. At any time...

§ 1-110 - (Effective until January 1, 2023) Suit as an indigent; counsel; suits filed pro se by prison inmates. - 1-110. (Effective until January 1, 2023) Suit as an indigent;...

§ 1-111 - Defendant's, for costs and damages in actions for land. - 1-111. Defendant's, for costs and damages in actions for land....

§ 1-112 - Defense without bond. - 1-112. Defense without bond. (a) The undertaking prescribed in G.S....

Article 10 - Joint and Several Debtors.

§ 1-113 - Defendants jointly or severally liable. - 1-113. Defendants jointly or severally liable. Where the action is...

§ 1-114 - Summoned after judgment; defense. - 1-114. Summoned after judgment; defense. When a judgment is recovered...

Article 11 - Lis Pendens.

§ 1-116 - Filing of notice of suit. - 1-116. Filing of notice of suit. (a) Any person desiring...

§ 1-116.1 - Service of notice. - 1-116.1. Service of notice. In all actions as defined in...

§ 1-117 - Cross-index of lis pendens. - 1-117. Cross-index of lis pendens. Every notice of pending litigation...

§ 1-118 - Effect on subsequent purchasers. - 1-118. Effect on subsequent purchasers. From the cross-indexing of the...

§ 1-119 - Notice void unless action prosecuted. - 1-119. Notice void unless action prosecuted. (a) The notice of...

§ 1-120 - Cancellation of notice. - 1-120. Cancellation of notice. The court in which the said...

§ 1-120.1 - Article applicable to suits in federal courts. - 1-120.1. Article applicable to suits in federal courts. The provisions...

§ 1-120.2 - Filing of notice by cities and counties in certain cases. - 1-120.2. Filing of notice by cities and counties in certain...

Article 15 - Answer.

§ 1-139 - Burden of proof of contributory negligence. - 1-139. Burden of proof of contributory negligence. A party asserting...

Article 17 - Pleadings, General Provisions.

§ 1-148 - Verification before what officer. - 1-148. Verification before what officer. Any officer competent to take...

§ 1-149 - When verification omitted; use in criminal prosecutions. - 1-149. When verification omitted; use in criminal prosecutions. The verification...

Article 18 - Amendments.

§ 1-164 - Amendment changing nature of action or relief; effect. - 1-164. Amendment changing nature of action or relief; effect. When...

§ 1-166 - Defendant sued in fictitious name; amendment. - 1-166. Defendant sued in fictitious name; amendment. When the plaintiff...

Article 19 - Trial.

§ 1-180.1 - Judge not to comment on verdict. - 1-180.1. Judge not to comment on verdict. In criminal actions...

§ 1-181 - Requests for special instructions. - 1-181. Requests for special instructions. (a) Requests for special instructions...

§ 1-181.1 - View by jury. - 1-181.1. View by jury. The judge presiding at the trial...

§ 1-181.2 - Use of evidence by the jury. - 1-181.2. Use of evidence by the jury. (a) If the...

§ 1-183.1 - Effect on counterclaim of dismissal as to plaintiff's claim. - 1-183.1. Effect on counterclaim of dismissal as to plaintiff's claim....

§ 1-186 - Exceptions to decision of court. - 1-186. Exceptions to decision of court. (a) For the purposes...

Article 22 - Verdict and Exceptions.

§ 1-202 - Special controls general. - 1-202. Special controls general. Where a special finding of facts...

Article 23 - Judgment.

§ 1-208.1 - Judgment docket, judgment and docket book defined. - 1-208.1. Judgment docket, judgment and docket book defined. As used...

§ 1-209 - Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession. - 1-209. Judgments authorized to be entered by clerk; sale of...

§ 1-209.1 - Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney. - 1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for...

§ 1-209.2 - Voluntary nonsuit by petitioner in condemnation proceeding. - 1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding. The petitioner...

§ 1-210 - Return of execution; order for disbursement of proceeds. - 1-210. Return of execution; order for disbursement of proceeds. In...

§ 1-215.1 - Judgments or orders not rendered on Mondays validated. - 1-215.1. Judgments or orders not rendered on Mondays validated. In...

§ 1-215.2 - Time within which judgments or orders signed on days other than Mondays may be attacked. - 1-215.2. Time within which judgments or orders signed on days...

§ 1-215.3 - Validation of conveyances pursuant to orders made on days other than Mondays. - 1-215.3. Validation of conveyances pursuant to orders made on days...

§ 1-217 - Certain default judgments validated. - 1-217. Certain default judgments validated. In every case where, prior...

§ 1-217.1 - Judgments based on summons erroneously designated alias or pluries validated. - 1-217.1. Judgments based on summons erroneously designated alias or pluries...

§ 1-217.2 - Judgments by default to remove cloud from title to real estate validated. - 1-217.2. Judgments by default to remove cloud from title to...

§ 1-223 - Against married persons. - 1-223. Against married persons. In an action brought by or...

§ 1-228 - Regarded as a deed and registered. - 1-228. Regarded as a deed and registered. Every judgment, in...

§ 1-229 - Certified registered copy evidence. - 1-229. Certified registered copy evidence. In all legal proceedings, touching...

§ 1-230 - In action for recovery of personal property. - 1-230. In action for recovery of personal property. In an...

§ 1-231 - What judge approves judgments. - 1-231. What judge approves judgments. In all cases where a...

§ 1-232 - Judgment roll. - 1-232. Judgment roll. Unless the party or his attorney furnishes...

§ 1-233 - Docketed and indexed. - 1-233. Docketed and indexed. Every judgment of the superior or...

§ 1-234 - Where and how docketed; lien. - 1-234. Where and how docketed; lien. Upon the entry of...

§ 1-235 - Of appellate division docketed in superior court; lien. - 1-235. Of appellate division docketed in superior court; lien. It...

§ 1-236.1 - Transcripts of judgments certified by deputy clerks validated. - 1-236.1. Transcripts of judgments certified by deputy clerks validated. Each...

§ 1-237 - Judgments of federal courts docketed; lien on property; recordation; conformity with federal law. - 1-237. Judgments of federal courts docketed; lien on property; recordation;...

§ 1-239 - Paid to clerk; docket credited; transcript to other counties; notice to attorney for judgment creditor; judgment creditor to give notice of payment; entry of payment on docket; penalty for failure to give notice of payment. - 1-239. Paid to clerk; docket credited; transcript to other counties;...

§ 1-239.1 - Records of cancellation, assignment, etc., of judgments recorded by photographic process. - 1-239.1. Records of cancellation, assignment, etc., of judgments recorded by...

§ 1-241 - Clerk to pay money to party entitled. - 1-241. Clerk to pay money to party entitled. The clerk,...

§ 1-242 - Credits upon judgments. - 1-242. Credits upon judgments. If payment is made on a...

§ 1-243 - For money due on judicial sale. - 1-243. For money due on judicial sale. The Supreme and...

§ 1-245 - Cancellation of judgments discharged through bankruptcy proceedings. - 1-245. Cancellation of judgments discharged through bankruptcy proceedings. When a...

§ 1-246 - Assignment of judgment to be entered on judgment docket, signed and witnessed. - 1-246. Assignment of judgment to be entered on judgment docket,...

Article 26 - Declaratory Judgments.

§ 1-253 - Courts of record permitted to enter declaratory judgments of rights, status and other legal relations. - 1-253. Courts of record permitted to enter declaratory judgments of...

§ 1-254 - Courts given power of construction of all instruments. - 1-254. Courts given power of construction of all instruments. Any...

§ 1-255 - Who may apply for a declaration. - 1-255. Who may apply for a declaration. Any person interested...

§ 1-256 - Enumeration of declarations not exclusive. - 1-256. Enumeration of declarations not exclusive. The enumeration in G.S....

§ 1-257 - Discretion of court. - 1-257. Discretion of court. The court may refuse to render...

§ 1-258 - Review. - 1-258. Review. All orders, judgment and decrees under this Article...

§ 1-259 - Supplemental relief. - 1-259. Supplemental relief. Further relief based on a declaratory judgment...

§ 1-260 - Parties. - 1-260. Parties. When declaratory relief is sought, all persons shall...

§ 1-261 - Jury trial. - 1-261. Jury trial. When a proceeding under this Article involves...

§ 1-262 - Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear. - 1-262. Hearing before judge where no issues of fact raised...

§ 1-263 - Costs. - 1-263. Costs. In any proceeding under this article the court...

§ 1-264 - Liberal construction and administration. - 1-264. Liberal construction and administration. This Article is declared to...

§ 1-265 - Word "person" construed. - 1-265. Word "person" construed. The word "person" wherever used in...

§ 1-266 - Uniformity of interpretation. - 1-266. Uniformity of interpretation. This Article shall be so interpreted...

§ 1-267 - Short title. - 1-267. Short title. This Article may be cited as the...

Article 26A - Three-Judge Panel for Redistricting Challenges and for Certain Challenges to State Laws.

§ 1-267.1 - Three-judge panel for actions challenging plans apportioning or redistricting State legislative or congressional districts; claims challenging the facial validity of an act of the General Assembly. - 1-267.1. Three-judge panel for actions challenging plans apportioning or redistricting...

Article 26B - Distribution of Unpaid Residuals in Class Action Litigation.

§ 1-267.10 - Distribution of unpaid residuals in class action litigation. - 1-267.10. Distribution of unpaid residuals in class action litigation. (a)...

Article 27 - Appeal.

§ 1-268 - Writs of error abolished. - 1-268. Writs of error abolished. Writs of error in civil...

§ 1-269 - Certiorari, recordari, and supersedeas. - 1-269. Certiorari, recordari, and supersedeas. Writs of certiorari, recordari, and...

§ 1-270 - Appeal to appellate division; security on appeal; stay. - 1-270. Appeal to appellate division; security on appeal; stay. Cases...

§ 1-271 - Who may appeal. - 1-271. Who may appeal. Any party aggrieved may appeal in...

§ 1-277 - Appeal from superior or district court judge. - 1-277. Appeal from superior or district court judge. (a) An...

§ 1-278 - Interlocutory orders reviewed on appeal from judgment. - 1-278. Interlocutory orders reviewed on appeal from judgment. Upon an...

§ 1-279.1 - Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings. - 1-279.1. Manner and time for giving notice of appeal to...

§ 1-281 - Appeals from judgments not in session. - 1-281. Appeals from judgments not in session. When appeals are...

§ 1-283 - Trial judge empowered to settle record on appeal; effect of leaving office or of disability. - 1-283. Trial judge empowered to settle record on appeal; effect...

§ 1-285 - Undertaking on appeal. - 1-285. Undertaking on appeal. (a) To render an appeal effectual...

§ 1-286 - Justification of sureties. - 1-286. Justification of sureties. The written undertaking on appeal must...

§ 1-288 - Appeals by indigents; clerk's fees. - 1-288. Appeals by indigents; clerk's fees. When any party to...

§ 1-289 - Undertaking to stay execution on money judgment. - 1-289. Undertaking to stay execution on money judgment. (a) If...

§ 1-290 - How judgment for personal property stayed. - 1-290. How judgment for personal property stayed. If the judgment...

§ 1-291 - How judgment directing conveyance stayed. - 1-291. How judgment directing conveyance stayed. If the judgment appealed...

§ 1-292 - How judgment for real property stayed. - 1-292. How judgment for real property stayed. If the judgment...

§ 1-293 - Docket entry of stay. - 1-293. Docket entry of stay. When an appeal from a...

§ 1-294 - Scope of stay; security limited for fiduciaries. - 1-294. Scope of stay; security limited for fiduciaries. When an...

§ 1-295 - Undertaking in one or more instruments; served on appellee. - 1-295. Undertaking in one or more instruments; served on appellee....

§ 1-296 - Judgment not vacated by stay. - 1-296. Judgment not vacated by stay. The stay of proceedings...

§ 1-297 - Judgment on appeal and on undertakings; restitution. - 1-297. Judgment on appeal and on undertakings; restitution. Upon an...

§ 1-298 - Procedure after determination of appeal. - 1-298. Procedure after determination of appeal. In civil cases, at...

Article 27A - Appeals and Transfers from the Clerk.

§ 1-301.1 - Appeal of clerk's decision in civil actions. - 1-301.1. Appeal of clerk's decision in civil actions. (a) Applicability....

§ 1-301.2 - Transfer or appeal of special proceedings; exceptions. - 1-301.2. Transfer or appeal of special proceedings; exceptions. (a) Applicability....

§ 1-301.3 - Appeal of trust and estate matters determined by clerk. - 1-301.3. Appeal of trust and estate matters determined by clerk....

Article 28 - Execution.

§ 1-302 - Judgment enforced by execution. - 1-302. Judgment enforced by execution. Where a judgment requires the...

§ 1-303 - Kinds of; signed by clerk; when sealed. - 1-303. Kinds of; signed by clerk; when sealed. There are...

§ 1-304 - Against married woman. - 1-304. Against married woman. An execution may issue against a...

§ 1-305 - Clerk to issue, in six weeks; penalty; limitations on issuance. - 1-305. Clerk to issue, in six weeks; penalty; limitations on...

§ 1-306 - Enforcement as of course. - 1-306. Enforcement as of course. The party in whose favor...

§ 1-307 - Issued from and returned to court of rendition. - 1-307. Issued from and returned to court of rendition. Executions...

§ 1-308 - To what counties issued. - 1-308. To what counties issued. When the execution is against...

§ 1-309 - Sale of land under execution. - 1-309. Sale of land under execution. Real property adjudged to...

§ 1-310 - When dated and returnable. - 1-310. When dated and returnable. Executions shall be dated as...

§ 1-311 - Against the person. - 1-311. Against the person. If the action is one in...

§ 1-312 - Rights against property of defendant dying in execution. - 1-312. Rights against property of defendant dying in execution. Parties...

§ 1-313 - Form of execution. - 1-313. Form of execution. The execution must be directed to...

§ 1-314 - Variance between judgment and execution. - 1-314. Variance between judgment and execution. When property has been...

§ 1-315 - Property liable to sale under execution; bill of sale. - 1-315. Property liable to sale under execution; bill of sale....

§ 1-316 - Sale of trust estates; purchaser's title. - 1-316. Sale of trust estates; purchaser's title. Upon the sale...

§ 1-317 - Sheriff's deed on sale of equity of redemption. - 1-317. Sheriff's deed on sale of equity of redemption. The...

§ 1-318 - Forthcoming bond for personal property. - 1-318. Forthcoming bond for personal property. If a sheriff or...

§ 1-319 - Procedure on giving bond; subsequent levies. - 1-319. Procedure on giving bond; subsequent levies. When the forthcoming...

§ 1-320 - Summary remedy on forthcoming bond. - 1-320. Summary remedy on forthcoming bond. If the condition of...

§ 1-321 - Entry of returns on judgment docket; penalty. - 1-321. Entry of returns on judgment docket; penalty. When an...

§ 1-322 - Cost of keeping livestock; officer's account. - 1-322. Cost of keeping livestock; officer's account. The court shall...

§ 1-323 - Purchaser of defective title; remedy against defendant. - 1-323. Purchaser of defective title; remedy against defendant. Where real...

§ 1-324.1 - Judgment against corporation; property subject to execution. - 1-324.1. Judgment against corporation; property subject to execution. If a...

§ 1-324.2 - Agent must furnish information as to corporate officers and property. - 1-324.2. Agent must furnish information as to corporate officers and...

§ 1-324.3 - Shares subject to execution; agent must furnish information. - 1-324.3. Shares subject to execution; agent must furnish information. Any...

§ 1-324.4 - Debts due corporation subject to execution; duty, etc., of agent. - 1-324.4. Debts due corporation subject to execution; duty, etc., of...

§ 1-324.5 - Violations of three preceding sections misdemeanor. - 1-324.5. Violations of three preceding sections misdemeanor. If any agent...

§ 1-324.6 - Proceedings when custodian of corporate books is a nonresident. - 1-324.6. Proceedings when custodian of corporate books is a nonresident....

§ 1-324.7 - Duty and liability of nonresident custodian. - 1-324.7. Duty and liability of nonresident custodian. The nonresident clerk,...

Article 29 - Execution and Judicial Sales.

§ 1-329 - Transferred to § 1-339.72 by Session Laws 1949, c719, s3. - 1-329. Transferred to 1-339.72 by Session Laws 1949, c. 719,...

§ 1-331 - Transferred to § 1-339.73 by Session Laws 1949, c719, s3. - 1-331. Transferred to 1-339.73 by Session Laws 1949, c. 719,...

§ 1-332 - Transferred to § 1-339.74 by Session Laws 1949, c719, s3. - 1-332. Transferred to 1-339.74 by Session Laws 1949, c. 719,...

§ 1-335 - Transferred to § 1-339.75 by Session Laws 1949, c719, s3. - 1-335. Transferred to 1-339.75 by Session Laws 1949, c. 719,...

§ 1-337 - Transferred to § 1-339.49 by Session Laws 1949, c719, s2. - 1-337. Transferred to 1-339.49 by Session Laws 1949, c. 719,...

§ 1-338 - Transferred to § 1-339.50 by Session Laws 1949, c719, s2. - 1-338. Transferred to 1-339.50 by Session Laws 1949, c. 719,...

Article 29A - Judicial Sales.

§ 1-339.1 - Definitions. - 1-339.1. Definitions. (a) A judicial sale is a sale of...

§ 1-339.2 - Application of Part 1. - 1-339.2. Application of Part 1. The provisions of Part 1...

§ 1-339.3 - Application of Article to sale ordered by clerk; by judge; authority to fix procedural details. - 1-339.3. Application of Article to sale ordered by clerk; by...

§ 1-339.3A - Judge or clerk may order public or private sale. - 1-339.3A. Judge or clerk may order public or private sale....

§ 1-339.4 - Who may hold sale. - 1-339.4. Who may hold sale. An order of sale may...

§ 1-339.5 - Days on which sale may be held. - 1-339.5. Days on which sale may be held. A sale...

§ 1-339.6 - Place of public sale. - 1-339.6. Place of public sale. (a) Every public sale of...

§ 1-339.7 - Presence of personal property at public sale required. - 1-339.7. Presence of personal property at public sale required. The...

§ 1-339.8 - Public sale of separate tracts in different counties. - 1-339.8. Public sale of separate tracts in different counties. (a)...

§ 1-339.9 - Sale as a whole or in parts. - 1-339.9. Sale as a whole or in parts. (a) When...

§ 1-339.10 - Bond of person holding sale. - 1-339.10. Bond of person holding sale. (a) Whenever a commissioner...

§ 1-339.11 - Compensation of person holding sale. - 1-339.11. Compensation of person holding sale. (a) If the person...

§ 1-339.12 - Clerk's authority to compel report or accounting; contempt proceeding. - 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding....

§ 1-339.13 - Public sale; order of sale. - 1-339.13. Public sale; order of sale. (a) Whenever a public...

§ 1-339.13A - Public sale of timber by sealed bid; appraisal; bid procedure. - 1-339.13A. Public sale of timber by sealed bid; appraisal; bid...

§ 1-339.14 - Public sale; judge's approval of clerk's order of sale. - 1-339.14. Public sale; judge's approval of clerk's order of sale....

§ 1-339.15 - Public sale; contents of notice of sale. - 1-339.15. Public sale; contents of notice of sale. The notice...

§ 1-339.16 - Public sale; time for beginning advertisement. - 1-339.16. Public sale; time for beginning advertisement. An order of...

§ 1-339.17 - Public sale; posting and publishing notice of sale of real property. - 1-339.17. Public sale; posting and publishing notice of sale of...

§ 1-339.18 - Public sale; posting notice of sale of personal property. - 1-339.18. Public sale; posting notice of sale of personal property....

§ 1-339.19 - Public sale; exception; perishable property. - 1-339.19. Public sale; exception; perishable property. If personal property to...

§ 1-339.20 - Public sale; postponement of sale. - 1-339.20. Public sale; postponement of sale. (a) A person authorized...

§ 1-339.21 - Public sale by auction; time of sale. - 1-339.21. Public sale by auction; time of sale. (a) A...

§ 1-339.22 - Public sale by auction; continuance of uncompleted sale. - 1-339.22. Public sale by auction; continuance of uncompleted sale. A...

§ 1-339.23 - Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale. - 1-339.23. Public sale; when confirmation of sale of personal property...

§ 1-339.24 - Public sale; report of sale; when final as to personal property. - 1-339.24. Public sale; report of sale; when final as to...

§ 1-339.25 - Public sale; upset bid on real property; compliance bond. - 1-339.25. Public sale; upset bid on real property; compliance bond....

§ 1-339.26 - Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure. - 1-339.26. Public sale by auction; separate upset bids when real...

§ 1-339.27A - Ordering resale of real property after sale or upset bid. - 1-339.27A. Ordering resale of real property after sale or upset...

§ 1-339.28 - Public sale; confirmation of sale. - 1-339.28. Public sale; confirmation of sale. (a) No public sale...

§ 1-339.29 - Public sale; real property; deed; order for possession. - 1-339.29. Public sale; real property; deed; order for possession. (a)...

§ 1-339.30 - Public sale; failure of bidder to make cash deposit or to comply with bid; resale. - 1-339.30. Public sale; failure of bidder to make cash deposit...

§ 1-339.31 - Public sale; report of commissioner or trustee in deed of trust. - 1-339.31. Public sale; report of commissioner or trustee in deed...

§ 1-339.32 - Public sale; final report of person, other than commissioner or trustee in deed of trust. - 1-339.32. Public sale; final report of person, other than commissioner...

§ 1-339.33 - Private sale; order of sale. - 1-339.33. Private sale; order of sale. Whenever a private sale...

§ 1-339.34 - Private sale; exception; certain personal property. - 1-339.34. Private sale; exception; certain personal property. (a) Notwithstanding any...

§ 1-339.35 - Private sale; report of sale. - 1-339.35. Private sale; report of sale. (a) The person holding...

§ 1-339.36 - Private sale; upset bid; subsequent procedure; defaulting bidder. - 1-339.36. Private sale; upset bid; subsequent procedure; defaulting bidder. (a)...

§ 1-339.37 - Private sale; confirmation. - 1-339.37. Private sale; confirmation. If no upset bid for property...

§ 1-339.38 - Private sale; real property; deed; order for possession. - 1-339.38. Private sale; real property; deed; order for possession. (a)...

§ 1-339.39 - Private sale; personal property; delivery; bill of sale. - 1-339.39. Private sale; personal property; delivery; bill of sale. Upon...

§ 1-339.40 - Private sale; final report. - 1-339.40. Private sale; final report. (a) A commissioner or a...

Article 29B - Execution Sales.

§ 1-339.41 - Definitions. - 1-339.41. Definitions. (a) An execution sale is a sale of...

§ 1-339.42 - Clerk's authority to fix procedural details. - 1-339.42. Clerk's authority to fix procedural details. The clerk of...

§ 1-339.43 - Days on which sale may be held. - 1-339.43. Days on which sale may be held. A sale...

§ 1-339.44 - Place of sale. - 1-339.44. Place of sale. (a) Every sale of real property...

§ 1-339.45 - Presence of personal property at sale required. - 1-339.45. Presence of personal property at sale required. A sheriff...

§ 1-339.46 - Sale as a whole or in parts. - 1-339.46. Sale as a whole or in parts. When real...

§ 1-339.47 - Sale to be made for cash. - 1-339.47. Sale to be made for cash. Every sale shall...

§ 1-339.48 - Life of execution. - 1-339.48. Life of execution. If an execution is issued on...

§ 1-339.49 - Penalty for selling contrary to law. - 1-339.49. Penalty for selling contrary to law. A sheriff or...

§ 1-339.50 - Officer's return of no sale for want of bidders; penalty. - 1-339.50. Officer's return of no sale for want of bidders;...

§ 1-339.51 - Contents of notice of sale. - 1-339.51. Contents of notice of sale. The notice of sale...

§ 1-339.52 - Posting and publishing notice of sale of real property. - 1-339.52. Posting and publishing notice of sale of real property....

§ 1-339.53 - Posting notice of sale of personal property. - 1-339.53. Posting notice of sale of personal property. The notice...

§ 1-339.54 - Notice to judgment debtor of sale of real property. - 1-339.54. Notice to judgment debtor of sale of real property....

§ 1-339.55 - Notification of Governor and Attorney General. - 1-339.55. Notification of Governor and Attorney General. When the State...

§ 1-339.56 - Exception; perishable property. - 1-339.56. Exception; perishable property. If, in the opinion of the...

§ 1-339.57 - Satisfaction of judgment before sale completed. - 1-339.57. Satisfaction of judgment before sale completed. If, prior to...

§ 1-339.58 - Postponement of sale. - 1-339.58. Postponement of sale. (a) The sheriff may postpone the...

§ 1-339.59 - Procedure upon dissolution of order restraining or enjoining sale. - 1-339.59. Procedure upon dissolution of order restraining or enjoining sale....

§ 1-339.60 - Time of sale. - 1-339.60. Time of sale. (a) A sale shall begin at...

§ 1-339.61 - Continuance of uncompleted sale. - 1-339.61. Continuance of uncompleted sale. A sale commenced but not...

§ 1-339.62 - Delivery of personal property; bill of sale. - 1-339.62. Delivery of personal property; bill of sale. A sheriff...

§ 1-339.63 - Report of sale. - 1-339.63. Report of sale. (a) The sheriff shall, within five...

§ 1-339.64 - Upset bid on real property; compliance bond. - 1-339.64. Upset bid on real property; compliance bond. (a) An...

§ 1-339.65 - Separate upset bids when real property sold in parts; subsequent procedure. - 1-339.65. Separate upset bids when real property sold in parts;...

§ 1-339.66A - Ordering resale of real property after upset bid. - 1-339.66A. Ordering resale of real property after upset bid. Upon...

§ 1-339.67 - Confirmation of sale of real property. - 1-339.67. Confirmation of sale of real property. No sale of...

§ 1-339.68 - Deed for real property sold; property subject to liens; orders for possession. - 1-339.68. Deed for real property sold; property subject to liens;...

§ 1-339.69 - Failure of bidder to comply with bid; resale. - 1-339.69. Failure of bidder to comply with bid; resale. (a)...

§ 1-339.70 - Disposition of proceeds of sale. - 1-339.70. Disposition of proceeds of sale. (a) After deducting all...

§ 1-339.71 - Special proceeding to determine ownership of surplus. - 1-339.71. Special proceeding to determine ownership of surplus. (a) A...

Article 29C - Validating Sections.

§ 1-339.72 - Validation of certain sales. - 1-339.72. Validation of certain sales. All sales of real property...

§ 1-339.73 - Ratification of certain sales held on days other than the day required by statute. - 1-339.73. Ratification of certain sales held on days other than...

§ 1-339.74 - Sales on other days validated. - 1-339.74. Sales on other days validated. All sales of real...

§ 1-339.75 - Certain sales validated. - 1-339.75. Certain sales validated. All sales of realty made under...

§ 1-339.76 - Validation of sales when payment deferred more than two years. - 1-339.76. Validation of sales when payment deferred more than two...

§ 1-339.77 - Validation of certain sales confirmed prior to time prescribed by law. - 1-339.77. Validation of certain sales confirmed prior to time prescribed...

Article 30 - Betterments.

§ 1-340 - Petition by claimant; execution suspended; issues found. - 1-340. Petition by claimant; execution suspended; issues found. A defendant...

§ 1-341 - Annual value of land and waste charged against defendant. - 1-341. Annual value of land and waste charged against defendant....

§ 1-342 - Value of improvements estimated. - 1-342. Value of improvements estimated. If the jury is satisfied...

§ 1-343 - Improvements to balance rents. - 1-343. Improvements to balance rents. If the sum estimated for...

§ 1-344 - Verdict, judgment, and lien. - 1-344. Verdict, judgment, and lien. After offsetting the damages assessed...

§ 1-345 - Life tenant recovers from remainderman. - 1-345. Life tenant recovers from remainderman. If the plaintiff claims...

§ 1-346 - Value of premises without improvements. - 1-346. Value of premises without improvements. When the defendant claims...

§ 1-347 - Plaintiff's election that defendant take premises. - 1-347. Plaintiff's election that defendant take premises. The plaintiff in...

§ 1-348 - Payment made to court; land sold on default. - 1-348. Payment made to court; land sold on default. The...

§ 1-349 - Procedure where plaintiff is under disability. - 1-349. Procedure where plaintiff is under disability. If the party...

§ 1-350 - Defendant evicted, may recover from plaintiff. - 1-350. Defendant evicted, may recover from plaintiff. If the defendant,...

§ 1-351 - Not applicable to suit by mortgagee. - 1-351. Not applicable to suit by mortgagee. Nothing in this...

Article 31 - Supplemental Proceedings.

§ 1-352 - Execution unsatisfied, debtor ordered to answer. - 1-352. Execution unsatisfied, debtor ordered to answer. When an execution...

§ 1-352.1 - Interrogatories to discover assets. - 1-352.1. Interrogatories to discover assets. As an additional method of...

§ 1-352.2 - Additional method of discovering assets. - 1-352.2. Additional method of discovering assets. In addition to the...

§ 1-353 - Property withheld from execution; proceedings. - 1-353. Property withheld from execution; proceedings. After the issuing of...

§ 1-354 - Proceedings against joint debtors. - 1-354. Proceedings against joint debtors. Proceedings supplemental to execution may...

§ 1-355 - Debtor leaving State, or concealing himself, arrested; bond. - 1-355. Debtor leaving State, or concealing himself, arrested; bond. Instead...

§ 1-356 - Examination of parties and witnesses. - 1-356. Examination of parties and witnesses. On examination under this...

§ 1-357 - Incriminating answers not privileged; not used in criminal proceedings. - 1-357. Incriminating answers not privileged; not used in criminal proceedings....

§ 1-358 - Disposition of property forbidden. - 1-358. Disposition of property forbidden. The court or judge may,...

§ 1-359 - Debtors of judgment debtor may satisfy execution. - 1-359. Debtors of judgment debtor may satisfy execution. (a) After...

§ 1-360 - Debtors of judgment debtor may be summoned. - 1-360. Debtors of judgment debtor may be summoned. Upon the...

§ 1-360.1 - Execution on the property of debtors of judgment debtor. - 1-360.1. Execution on the property of debtors of judgment debtor....

§ 1-361 - Where proceedings instituted and defendant examined. - 1-361. Where proceedings instituted and defendant examined. Proceedings supplemental to...

§ 1-362 - Debtor's property ordered sold. - 1-362. Debtor's property ordered sold. The court or judge may...

§ 1-363 - Receiver appointed. - 1-363. Receiver appointed. The court or judge having jurisdiction over...

§ 1-364 - Filing and record of appointment; property vests in receiver. - 1-364. Filing and record of appointment; property vests in receiver....

§ 1-365 - Where order of appointment recorded. - 1-365. Where order of appointment recorded. Before the receiver is...

§ 1-366 - Receiver to sue debtors of judgment debtor. - 1-366. Receiver to sue debtors of judgment debtor. If it...

§ 1-367 - Reference. - 1-367. Reference. The court or judge may, in his discretion,...

§ 1-368 - Disobedience of orders punished as for contempt. - 1-368. Disobedience of orders punished as for contempt. Any person,...

Article 33 - Special Proceedings.

§ 1-393 - Chapter and Rules of Civil Procedure applicable to special proceedings. - 1-393. Chapter and Rules of Civil Procedure applicable to special...

§ 1-394 - Contested special proceedings; commencement; summons. - 1-394. Contested special proceedings; commencement; summons. Special proceedings against adverse...

§ 1-394.1 - Special proceedings to determine authority to transfer structured settlement payment rights. - 1-394.1. Special proceedings to determine authority to transfer structured settlement...

§ 1-395 - Return of summons. - 1-395. Return of summons. The person to whom the summons...

§ 1-396 - When complaint filed. - 1-396. When complaint filed. The complaint or petition of the...

§ 1-398 - Filing time enlarged. - 1-398. Filing time enlarged. The time for filing the complaint,...

§ 1-400 - Ex parte; commenced by petition. - 1-400. Ex parte; commenced by petition. If all the parties...

§ 1-401 - Clerk acts summarily; signing by petitioners; authorization to attorney. - 1-401. Clerk acts summarily; signing by petitioners; authorization to attorney....

§ 1-402 - Judge approves when petitioner is infant. - 1-402. Judge approves when petitioner is infant. If any petitioner...

§ 1-403 - Orders signed by judge. - 1-403. Orders signed by judge. Every order or judgment in...

§ 1-404 - Reports of commissioners and jurors. - 1-404. Reports of commissioners and jurors. Every order or judgment...

§ 1-405 - No report set aside for trivial defect. - 1-405. No report set aside for trivial defect. No report...

§ 1-406 - Commissioner of sale to account in sixty days. - 1-406. Commissioner of sale to account in sixty days. In...

§ 1-407 - Commissioner holding proceeds of land sold for reinvestment to give bond. - 1-407. Commissioner holding proceeds of land sold for reinvestment to...

§ 1-407.1 - Bond required to protect interest of infant or incompetent. - 1-407.1. Bond required to protect interest of infant or incompetent....

§ 1-407.2 - When court may waive bond; premium paid from fund protected. - 1-407.2. When court may waive bond; premium paid from fund...

§ 1-408 - Action in which clerk may allow fees of commissioners; fees taxed as costs. - 1-408. Action in which clerk may allow fees of commissioners;...

§ 1-408.1 - Clerk may order surveys in civil actions and special proceedings involving sale of land. - 1-408.1. Clerk may order surveys in civil actions and special...

Article 34 - Arrest and Bail.

§ 1-409 - Arrest only as herein prescribed. - 1-409. Arrest only as herein prescribed. No person may be...

§ 1-410 - In what cases arrest allowed. - 1-410. In what cases arrest allowed. The defendant may be...

§ 1-411 - Order and affidavit. - 1-411. Order and affidavit. An order for the arrest of...

§ 1-412 - Undertaking before order. - 1-412. Undertaking before order. Before making the order the court...

§ 1-413 - Issuance and form of order. - 1-413. Issuance and form of order. The order may be...

§ 1-414 - Copies of affidavit and order to defendant. - 1-414. Copies of affidavit and order to defendant. The affidavit...

§ 1-415 - Execution of order. - 1-415. Execution of order. The sheriff shall execute the order...

§ 1-416 - Vacation of order for failure to serve. - 1-416. Vacation of order for failure to serve. The order...

§ 1-417 - Motion to vacate order; jury trial. - 1-417. Motion to vacate order; jury trial. A defendant arrested...

§ 1-418 - Counter affidavits by plaintiff. - 1-418. Counter affidavits by plaintiff. If the motion is made...

§ 1-419 - How defendant discharged. - 1-419. How defendant discharged. The defendant, at any time before...

§ 1-420 - Defendant's undertaking. - 1-420. Defendant's undertaking. The defendant may give bail by causing...

§ 1-421 - Defendant's undertaking delivered to clerk; exception. - 1-421. Defendant's undertaking delivered to clerk; exception. Within the time...

§ 1-422 - Notice of justification; new bail. - 1-422. Notice of justification; new bail. On the receipt of...

§ 1-423 - Qualifications of bail. - 1-423. Qualifications of bail. The qualifications of bail must be...

§ 1-424 - Justification of bail. - 1-424. Justification of bail. For the purpose of justification, each...

§ 1-425 - Allowance of bail. - 1-425. Allowance of bail. If the court or judge finds...

§ 1-426 - Deposit in lieu of bail. - 1-426. Deposit in lieu of bail. The defendant may, at...

§ 1-427 - Deposit paid into court; liability on sheriff's bond. - 1-427. Deposit paid into court; liability on sheriff's bond. Within...

§ 1-428 - Bail substituted for deposit. - 1-428. Bail substituted for deposit. If money is deposited, as...

§ 1-429 - Deposit applied to plaintiff's judgment. - 1-429. Deposit applied to plaintiff's judgment. When money has been...

§ 1-430 - Defendant in jail, sheriff may take bail. - 1-430. Defendant in jail, sheriff may take bail. If a...

§ 1-431 - When sheriff liable as bail. - 1-431. When sheriff liable as bail. If, after arrest, the...

§ 1-432 - Action on sheriff's bond. - 1-432. Action on sheriff's bond. If a judgment is recovered...

§ 1-433 - Bail exonerated. - 1-433. Bail exonerated. At any time before final judgment against...

§ 1-434 - Surrender of defendant. - 1-434. Surrender of defendant. At any time before final judgment...

§ 1-435 - Bail may arrest defendant. - 1-435. Bail may arrest defendant. For the purpose of surrendering...

§ 1-436 - Proceedings against bail by motion. - 1-436. Proceedings against bail by motion. In case of failure...

§ 1-437 - Liability of bail to sheriff. - 1-437. Liability of bail to sheriff. The bail taken upon...

§ 1-438 - When bail to pay costs. - 1-438. When bail to pay costs. When a notice issues...

§ 1-439 - Bail not discharged by amendment. - 1-439. Bail not discharged by amendment. No amendment of process...

Article 35 - Attachment.

§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq. - 1-440. Superseded by Session Laws 1947, c. 693, codified as...

§ 1-440.1 - Nature of attachment. - 1-440.1. Nature of attachment. (a) Attachment is a proceeding ancillary...

§ 1-440.2 - Actions in which attachment may be had. - 1-440.2. Actions in which attachment may be had. Attachment may...

§ 1-440.3 - Grounds for attachment. - 1-440.3. Grounds for attachment. In those actions in which attachment...

§ 1-440.4 - Property subject to attachment. - 1-440.4. Property subject to attachment. All of a defendant's property...

§ 1-440.5 - By whom order issued; when and where; filing of bond and affidavit. - 1-440.5. By whom order issued; when and where; filing of...

§ 1-440.6 - Time of issuance with reference to summons or service by publication. - 1-440.6. Time of issuance with reference to summons or service...

§ 1-440.7 - Time within which service of summons or service by publication must be had. - 1-440.7. Time within which service of summons or service by...

§ 1-440.8 - General provisions relative to bonds. - 1-440.8. General provisions relative to bonds. (a) Any bond given...

§ 1-440.9 - Authority of court to fix procedural details. - 1-440.9. Authority of court to fix procedural details. The court...

§ 1-440.10 - Bond for attachment. - 1-440.10. Bond for attachment. Before the court issues an order...

§ 1-440.11 - Affidavit for attachment; amendment. - 1-440.11. Affidavit for attachment; amendment. (a) To secure an order...

§ 1-440.12 - Order of attachment; form and contents. - 1-440.12. Order of attachment; form and contents. (a) If the...

§ 1-440.13 - Additional orders of attachment at time of original order; alias and pluries orders. - 1-440.13. Additional orders of attachment at time of original order;...

§ 1-440.14 - Notice of issuance of order of attachment when no personal service. - 1-440.14. Notice of issuance of order of attachment when no...

§ 1-440.15 - Method of execution. - 1-440.15. Method of execution. (a) The sheriff to whom the...

§ 1-440.16 - Sheriff's return. - 1-440.16. Sheriff's return. (a) After the sheriff has executed an...

§ 1-440.17 - Levy on real property. - 1-440.17. Levy on real property. (a) In order to make...

§ 1-440.18 - Levy on tangible personal property in defendant's possession. - 1-440.18. Levy on tangible personal property in defendant's possession. The...

§ 1-440.19 - Levy on stock in corporation. - 1-440.19. Levy on stock in corporation. (a) The sheriff may...

§ 1-440.20 - Levy on goods in warehouses. - 1-440.20. Levy on goods in warehouses. (a) The sheriff may...

§ 1-440.21 - Nature of garnishment. - 1-440.21. Nature of garnishment. (a) Garnishment is not an independent...

§ 1-440.22 - Issuance of summons to garnishee. - 1-440.22. Issuance of summons to garnishee. (a) A summons to...

§ 1-440.23 - Form of summons to garnishee. - 1-440.23. Form of summons to garnishee. The summons to garnishee...

§ 1-440.24 - Form of notice of levy in garnishment proceeding. - 1-440.24. Form of notice of levy in garnishment proceeding. The...

§ 1-440.25 - Levy upon debt owed by, or property in possession of, the garnishee. - 1-440.25. Levy upon debt owed by, or property in possession...

§ 1-440.26 - To whom garnishment process may be delivered when garnishee is corporation. - 1-440.26. To whom garnishment process may be delivered when garnishee...

§ 1-440.27 - Failure of garnishee to appear. - 1-440.27. Failure of garnishee to appear. (a) When a garnishee,...

§ 1-440.28 - Admission by garnishee; setoff; lien. - 1-440.28. Admission by garnishee; setoff; lien. (a) When a garnishee...

§ 1-440.29 - Denial of claim by garnishee; issues of fact. - 1-440.29. Denial of claim by garnishee; issues of fact. (a)...

§ 1-440.30 - Time of jury trial. - 1-440.30. Time of jury trial. All issues arising under G.S....

§ 1-440.31 - Payment to defendant by garnishee. - 1-440.31. Payment to defendant by garnishee. Any garnishee who shall...

§ 1-440.32 - Execution against garnishee. - 1-440.32. Execution against garnishee. (a) Pursuant to a judgment against...

§ 1-440.33 - When lien of attachment begins; priority of liens. - 1-440.33. When lien of attachment begins; priority of liens. (a)...

§ 1-440.34 - Effect of defendant's death after levy. - 1-440.34. Effect of defendant's death after levy. (a) In case...

§ 1-440.35 - Sheriff's liability for care of attached property; expense of care. - 1-440.35. Sheriff's liability for care of attached property; expense of...

§ 1-440.36 - Dissolution of the order of attachment. - 1-440.36. Dissolution of the order of attachment. (a) At any...

§ 1-440.37 - Modification of the order of attachment. - 1-440.37. Modification of the order of attachment. At any time...

§ 1-440.38 - Stay of order dissolving or modifying an order of attachment. - 1-440.38. Stay of order dissolving or modifying an order of...

§ 1-440.39 - Discharge of attachment upon giving bond. - 1-440.39. Discharge of attachment upon giving bond. (a) Any defendant...

§ 1-440.40 - Defendant's objection to bond or surety. - 1-440.40. Defendant's objection to bond or surety. (a) At any...

§ 1-440.41 - Defendant's remedies not exclusive. - 1-440.41. Defendant's remedies not exclusive. The exercise by the defendant...

§ 1-440.42 - Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond. - 1-440.42. Plaintiff's objection to bond or surety; failure to comply...

§ 1-440.43 - Remedies of third person claiming attached property or interest therein. - 1-440.43. Remedies of third person claiming attached property or interest...

§ 1-440.44 - When attached property to be sold before judgment. - 1-440.44. When attached property to be sold before judgment. (a)...

§ 1-440.45 - When defendant prevails in principal action. - 1-440.45. When defendant prevails in principal action. (a) If the...

§ 1-440.46 - When plaintiff prevails in principal action. - 1-440.46. When plaintiff prevails in principal action. (a) If judgment...

§ 1-441 through 1-471 - Superseded by Session Laws 1947, c693, codified as §§ 1-440.1 through 1-440.57. - 1-441 through 1-471: Superseded by Session Laws 1947, c. 693,...

Article 36 - Claim and Delivery.

§ 1-472 - Claim for delivery of personal property. - 1-472. Claim for delivery of personal property. The plaintiff in...

§ 1-473 - Affidavit and requisites. - 1-473. Affidavit and requisites. Where a delivery is claimed, an...

§ 1-474 - Order of seizure and delivery to plaintiff. - 1-474. Order of seizure and delivery to plaintiff. (a) Order....

§ 1-474.1 - Notice of hearing; waiver; permissible form of notice and waiver. - 1-474.1. Notice of hearing; waiver; permissible form of notice and...

§ 1-475 - Plaintiff's undertaking. - 1-475. Plaintiff's undertaking. The plaintiff must give a written undertaking...

§ 1-476 - Sheriff's duties. - 1-476. Sheriff's duties. Upon the receipt of the order from...

§ 1-477 - Exceptions to undertaking; liability of sheriff. - 1-477. Exceptions to undertaking; liability of sheriff. The defendant may,...

§ 1-478 - Defendant's undertaking for replevy. - 1-478. Defendant's undertaking for replevy. At any time before the...

§ 1-479 - Qualification and justification of defendant's sureties. - 1-479. Qualification and justification of defendant's sureties. The qualification of...

§ 1-480 - Property concealed in buildings. - 1-480. Property concealed in buildings. If the property, or any...

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North Carolina General Statutes Chapter 1 - Civil Procedure

North Carolina General Statutes
Chapter 1 - Civil Procedure