North Carolina Code — 001
Browse 767 sections in division 001 of the North Carolina code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 1-1. Remedies.
- § 1-2. Actions.
- § 1-3. Special proceedings.
- § 1-4. Kinds of actions.
- § 1-5. Criminal action.
- § 1-6. Civil action.
- § 1-7. When court means clerk.
- § 1-8. Remedies not merged.
- § 1-10. Plaintiff and defendant.
- § 1-11. How party may appear.
- § 1-13. Jurisdiction of clerk.
- § 1-15. Statute runs from accrual of action.
- § 1-15. 1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.
- § 1-17. Disabilities.
- § 1-18. Disability of marriage.
- § 1-19. Cumulative disabilities.
- § 1-20. Disability must exist when right of action accrues.
- § 1-21. Defendant out of State; when action begun or judgment enforced.
- § 1-22. Death before limitation expires; action by or against personal representative or collector.
- § 1-23. Time of stay by injunction or prohibition.
- § 1-24. Time during controversy on probate of will or granting letters.
- § 1-26. New promise must be in writing.
- § 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
- § 1-28. Undisclosed partner.
- § 1-29. Cotenants.
- § 1-30. Applicable to actions by State.
- § 1-31. Action upon a mutual, open and current account.
- § 1-32. Not applicable to bank bills.
- § 1-33. Actions against bank directors or stockholders.
- § 1-34. Aliens in time of war.
- § 1-35. Title against State.
- § 1-36. Title presumed out of State.
- § 1-37. Such possession valid against claimants under State.
- § 1-38. Seven years' possession under color of title.
- § 1-39. Seizin within twenty years necessary.
- § 1-40. Twenty years adverse possession.
- § 1-41. Action after entry.
- § 1-42. Possession follows legal title; severance of surface and subsurface rights.
- § 1-42. 1. Certain ancient mineral claims extinguished in certain counties.
- § 1-42. 2. Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.
- § 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. 4. Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation.
- § 1-42. 5. Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county.
- § 1-42. 6. Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation.
- § 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. 8. Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation.
- § 1-42. 9. Ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.
- § 1-43. Tenant's possession is landlord's.
- § 1-44. No title by possession of right-of-way.
- § 1-44. 1. Presumption of abandonment of railroad right-of-way.
- § 1-44. 2. Presumptive ownership of abandoned railroad easements.
- § 1-45. No title by possession of public ways.
- § 1-45. 1. No adverse possession of property subject to public trust rights.
- § 1-46. Periods prescribed.
- § 1-46. 1. Twelve years.
- § 1-47. Ten years.
- § 1-49. Seven years.
- § 1-50. Six years.
- § 1-51. Five years.
- § 1-52. Three years.
- § 1-53. Two years.
- § 1-54. One year.
- § 1-54. 1. Two months.
- § 1-55. Six months.
- § 1-56. All other actions, 10 years.
- § 1-56. 1. No limitation for certain actions.
- § 1-57. Real party in interest; grantees and assignees.
- § 1-58. Suits for penalties.
- § 1-59. Suit for penalty, plaintiff may reply fraud to plea of release.
- § 1-60. Suit on bonds; defendant may plead satisfaction.
- § 1-62. Action by purchaser under judicial sale.
- § 1-69. 1. Unincorporated associations and partnerships; suit by or against.
- § 1-72. Persons jointly liable.
- § 1-72. 1. Procedure to assert right of access.
- § 1-72. 2. Standing of legislative officers.
- § 1-72. 3. State a party to certain actions.
- § 1-75. 1. Legislative intent.
- § 1-75. 2. Definitions.
- § 1-75. 3. Jurisdictional requirements for judgments against persons, status and things.
- § 1-75. 4. Personal jurisdiction, grounds for generally.
- § 1-75. 5. Joinder of causes in the same action.
- § 1-75. 6. Personal jurisdiction - Manner of exercising by service of process.
- § 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. 9. Jurisdiction in rem or quasi in rem - Manner of exercising.
- § 1-75. 10. Proof of service of summons, defendant appearing in action.
- § 1-75. 11. Judgment against nonappearing defendant, proof of jurisdiction.
- § 1-75. 12. Stay of proceeding to permit trial in a foreign jurisdiction or filing of a bankruptcy trust claim.
- § 1-76. Where subject of action situated.
- § 1-76. 1. Where deficiency debtor resides or where loan was negotiated.
- § 1-77. Where cause of action arose.
- § 1-78. Official bonds, executors and administrators.
- § 1-79. Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships.
- § 1-80. Foreign corporations.
- § 1-81. Actions against railroads.
- § 1-81. 1. Venue in apportionment or redistricting cases; certain injunctive relief actions.
- § 1-82. Venue in all other cases.
- § 1-83. Change of venue.
- § 1-84. Removal for fair trial.
- § 1-85. Affidavits on hearing for removal; when removal ordered.
- § 1-87. Transcript of removal; subsequent proceedings; depositions.
- § 1-87. 12. Definitions.
- § 1-87. 13. Public policy.
- § 1-87. 14. Nonapplication of foreign law that would violate fundamental constitutional rights.
- § 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. 17. Motions to transfer proceedings to a foreign venue or forum.
- § 1-87. 18. Contracts not capable of modification to preserve fundamental constitutional rights void.
- § 1-87. 19. Strict construction of waivers of constitutional rights.
- § 1-87. 20. Application.
- § 1-105. Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles.
- § 1-105. 1. Service on residents who establish residence outside the State and on residents who depart from the State.
- § 1-108. Defense after judgment set aside.
- § 1-109. Bond required of plaintiff for costs.
- § 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates.
- § 1-111. Defendant's, for costs and damages in actions for land.
- § 1-112. Defense without bond.
- § 1-113. Defendants jointly or severally liable.
- § 1-114. Summoned after judgment; defense.
- § 1-116. Filing of notice of suit.
- § 1-116. 1. Service of notice.
- § 1-117. Cross-index of lis pendens.
- § 1-118. Effect on subsequent purchasers.
- § 1-119. Notice void unless action prosecuted.
- § 1-120. Cancellation of notice.
- § 1-120. 1. Article applicable to suits in federal courts.
- § 1-120. 2. Filing of notice by cities and counties in certain cases.
- § 1-139. Burden of proof of contributory negligence.
- § 1-148. Verification before what officer.
- § 1-149. When verification omitted; use in criminal prosecutions.
- § 1-164. Amendment changing nature of action or relief; effect.
- § 1-166. Defendant sued in fictitious name; amendment.
- § 1-180. 1. Judge not to comment on verdict.
- § 1-181. Requests for special instructions.
- § 1-181. 1. View by jury.
- § 1-181. 2. Use of evidence by the jury.
- § 1-183. 1. Effect on counterclaim of dismissal as to plaintiff's claim.
- § 1-186. Exceptions to decision of court.
- § 1-202. Special controls general.
- § 1-208. 1. Judgment docket, judgment and docket book defined.
- § 1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.
- § 1-209. 1. Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney.
- § 1-209. 2. Voluntary nonsuit by petitioner in condemnation proceeding.
- § 1-210. Return of execution; order for disbursement of proceeds.
- § 1-215. 1. Judgments or orders not rendered on Mondays validated.
- § 1-215. 2. Time within which judgments or orders signed on days other than Mondays may be attacked.
- § 1-215. 3. Validation of conveyances pursuant to orders made on days other than Mondays.
- § 1-217. Certain default judgments validated.
- § 1-217. 1. Judgments based on summons erroneously designated alias or pluries validated.
- § 1-217. 2. Judgments by default to remove cloud from title to real estate validated.
- § 1-223. Against married persons.
- § 1-228. Regarded as a deed and registered.
- § 1-229. Certified registered copy evidence.
- § 1-230. In action for recovery of personal property.
- § 1-231. What judge approves judgments.
- § 1-232. Judgment roll.
- § 1-233. Docketed and indexed.
- § 1-234. Where and how docketed; lien.
- § 1-235. Of appellate division docketed in superior court; lien.
- § 1-236. 1. Transcripts of judgments certified by deputy clerks validated.
- § 1-237. Judgments of federal courts docketed; lien on property; recordation; conformity with federal law.
- § 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. 1. Records of cancellation, assignment, etc., of judgments recorded by photographic process.
- § 1-241. Clerk to pay money to party entitled.
- § 1-242. Credits upon judgments.
- § 1-243. For money due on judicial sale.
- § 1-245. Cancellation of judgments discharged through bankruptcy proceedings.
- § 1-246. Assignment of judgment to be entered on judgment docket, signed and witnessed.
- § 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations.
- § 1-254. Courts given power of construction of all instruments.
- § 1-255. Who may apply for a declaration.
- § 1-256. Enumeration of declarations not exclusive.
- § 1-257. Discretion of court.
- § 1-258. Review.
- § 1-259. Supplemental relief.
- § 1-260. Parties.
- § 1-261. Jury trial.
- § 1-262. Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear.
- § 1-263. Costs.
- § 1-264. Liberal construction and administration.
- § 1-265. Word "person" construed.
- § 1-266. Uniformity of interpretation.
- § 1-267. Short title.
- § 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. 10. Distribution of unpaid residuals in class action litigation.
- § 1-268. Writs of error abolished.
- § 1-269. Certiorari, recordari, and supersedeas.
- § 1-270. Appeal to appellate division; security on appeal; stay.
- § 1-271. Who may appeal.
- § 1-277. Appeal from superior or district court judge.
- § 1-278. Interlocutory orders reviewed on appeal from judgment.
- § 1-279. 1. Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings.
- § 1-281. Appeals from judgments not in session.
- § 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of disability.
- § 1-285. Undertaking on appeal.
- § 1-286. Justification of sureties.
- § 1-287. 1: Repealed by Session Laws 1975, c. 391, s. 10.
- § 1-288. Appeals by indigents; clerk's fees.
- § 1-289. Undertaking to stay execution on money judgment.
- § 1-290. How judgment for personal property stayed.
- § 1-291. How judgment directing conveyance stayed.
- § 1-292. How judgment for real property stayed.
- § 1-293. Docket entry of stay.
- § 1-294. Scope of stay; security limited for fiduciaries.
- § 1-295. Undertaking in one or more instruments; served on appellee.
- § 1-296. Judgment not vacated by stay.
- § 1-297. Judgment on appeal and on undertakings; restitution.
- § 1-298. Procedure after determination of appeal.
- § 1-301. 1. Appeal of clerk's decision in civil actions.
- § 1-301. 2. Transfer or appeal of special proceedings; exceptions.
- § 1-301. 3. Appeal of trust and estate matters determined by clerk.
- § 1-302. Judgment enforced by execution.
- § 1-303. Kinds of; signed by clerk; when sealed.
- § 1-304. Against married woman.
- § 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance.
- § 1-306. Enforcement as of course.
- § 1-307. Issued from and returned to court of rendition.
- § 1-308. To what counties issued.
- § 1-309. Sale of land under execution.
- § 1-310. When dated and returnable.
- § 1-311. Against the person.
- § 1-312. Rights against property of defendant dying in execution.
- § 1-313. Form of execution.
- § 1-314. Variance between judgment and execution.
- § 1-315. Property liable to sale under execution; bill of sale.
- § 1-316. Sale of trust estates; purchaser's title.
- § 1-317. Sheriff's deed on sale of equity of redemption.
- § 1-318. Forthcoming bond for personal property.
- § 1-319. Procedure on giving bond; subsequent levies.
- § 1-320. Summary remedy on forthcoming bond.
- § 1-321. Entry of returns on judgment docket; penalty.
- § 1-322. Cost of keeping livestock; officer's account.
- § 1-323. Purchaser of defective title; remedy against defendant.
- § 1-324. 1. Judgment against corporation; property subject to execution.
- § 1-324. 2. Agent must furnish information as to corporate officers and property.
- § 1-324. 3. Shares subject to execution; agent must furnish information.
- § 1-324. 4. Debts due corporation subject to execution; duty, etc., of agent.
- § 1-324. 5. Violations of three preceding sections misdemeanor.
- § 1-324. 6. Proceedings when custodian of corporate books is a nonresident.
- § 1-324. 7. Duty and liability of nonresident custodian.
- § 1-339. 1. Definitions.
- § 1-339. 2. Application of Part 1.
- § 1-339. 3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.
- § 1-339. 3A. Judge or clerk may order public or private sale.
- § 1-339. 4. Who may hold sale.
- § 1-339. 5. Days on which sale may be held.
- § 1-339. 6. Place of public sale.
- § 1-339. 7. Presence of personal property at public sale required.
- § 1-339. 8. Public sale of separate tracts in different counties.
- § 1-339. 9. Sale as a whole or in parts.
- § 1-339. 10. Bond of person holding sale.
- § 1-339. 11. Compensation of person holding sale.
- § 1-339. 12. Clerk's authority to compel report or accounting; contempt proceeding.
- § 1-339. 13. Public sale; order of sale.
- § 1-339. 13A. Public sale of timber by sealed bid; appraisal; bid procedure.
- § 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. 16. Public sale; time for beginning advertisement.
- § 1-339. 17. Public sale; posting and publishing notice of sale of real property.
- § 1-339. 18. Public sale; posting notice of sale of personal property.
- § 1-339. 19. Public sale; exception; perishable property.
- § 1-339. 20. Public sale; postponement of sale.
- § 1-339. 21. Public sale by auction; time of sale.
- § 1-339. 22. Public sale by auction; continuance of uncompleted sale.
- § 1-339. 23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.
- § 1-339. 24. Public sale; report of sale; when final as to personal property.
- § 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. 27: Repealed by Session Laws 2001-271, s. 6, effective January 1, 2002.
- § 1-339. 27A. Ordering resale of real property after sale or upset bid.
- § 1-339. 28. Public sale; confirmation of sale.
- § 1-339. 29. Public sale; real property; deed; order for possession.
- § 1-339. 30. Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
- § 1-339. 31. Public sale; report of commissioner or trustee in deed of trust.
- § 1-339. 32. Public sale; final report of person, other than commissioner or trustee in deed of trust.
- § 1-339. 33. Private sale; order of sale.
- § 1-339. 34. Private sale; exception; certain personal property.
- § 1-339. 35. Private sale; report of sale.
- § 1-339. 36. Private sale; upset bid; subsequent procedure; defaulting bidder.
- § 1-339. 37. Private sale; confirmation.
- § 1-339. 38. Private sale; real property; deed; order for possession.
- § 1-339. 39. Private sale; personal property; delivery; bill of sale.
- § 1-339. 40. Private sale; final report.
- § 1-339. 41. Definitions.
- § 1-339. 42. Clerk's authority to fix procedural details.
- § 1-339. 43. Days on which sale may be held.
- § 1-339. 44. Place of sale.
- § 1-339. 45. Presence of personal property at sale required.
- § 1-339. 46. Sale as a whole or in parts.
- § 1-339. 47. Sale to be made for cash.
- § 1-339. 48. Life of execution.
- § 1-339. 49. Penalty for selling contrary to law.
- § 1-339. 50. Officer's return of no sale for want of bidders; penalty.
- § 1-339. 51. Contents of notice of sale.
- § 1-339. 52. Posting and publishing notice of sale of real property.
- § 1-339. 53. Posting notice of sale of personal property.
- § 1-339. 54. Notice to judgment debtor of sale of real property.
- § 1-339. 55. Notification of Governor and Attorney General.
- § 1-339. 56. Exception; perishable property.
- § 1-339. 57. Satisfaction of judgment before sale completed.