North Carolina § 7A-222 - General trial practice and procedure.

§ 7A-222. General trial practice and procedure.

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. 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. Notwithstanding G.S. 84-4, a party in a small claim action shall not be required to obtain legal representation. History (1965, c. 310, s. 1; 1971, c. 377, s. 11; 2013-334, s. 1; 2017-143, s. 2(a).) Editor's Note. - Session Laws 2013-334, s. 7, made the amendment to this section by Session Laws 2013-334, s. 1, applicable to all actions for summary ejectment filed on and after September 1, 2013. Effect of Amendments. - Session Laws 2013-334, s. 1, effective September 1, 2013, redesignated the formerly undesignated provisions of this section as present subsection (a); added "except as provided in subsection (b) of this section" in subsection (a); and added subsection (b). For applicability, see Editor's note. Session Laws 2017-143, s. 2(a), effective October 1, 2017, added subsection (c). Legal Periodicals. - For article discussing 1983 amendments to the Federal Rules of Civil Procedure relative to magistrate practice, comparing state court magistrate practice, and making certain suggestions, see 20 Wake Forest L. Rev. 819 (1984). For article, "Fundamentals of Jurisprudence: An Ethnography of Judicial Decision Making in Informal Courts," see 66 N.C.L. Rev. 467 (1988).