North Carolina § 35A-1103 - Jurisdiction; venue.

§ 35A-1103. Jurisdiction; venue.

The clerk in each county shall have original jurisdiction over proceedings under this Subchapter, subject to the rules set forth in Article 2 of Chapter 35B of the General Statutes. Venue for proceedings under this Subchapter shall be in the county in which the respondent resides or is domiciled or is an inpatient in a treatment facility. If the county of residence or domicile cannot be determined, venue shall be in the county where the respondent is present. If proceedings involving the same respondent are brought under this Subchapter in more than one county in which venue is proper, venue shall be in the county in which proceedings were commenced first. If the clerk in the county in which a proceeding under this Subchapter is brought has an interest, direct or indirect, in the proceeding, jurisdiction with respect thereto shall be vested in any superior court judge residing or presiding in the district, and the jurisdiction of the superior court judge shall extend to all things which the clerk might have done. History (1987, c. 550, s. 1; 2019-113, s. 2.) Editor's Note. - Session Laws 2019-113, s. 7, made the amendments to this section by Session Laws 2019-113, s. 2, effective July 11, 2019 and applicable to decedents dying, estates filed, and pleadings filed on or after that date. Effect of Amendments. - Session Laws 2019-113, s. 2, substituted "this Subchapter, subject to the rules set forth in Article 2 of Chapter 35B of the General Statutes" for "this Subchapter." in subsection (a). For effective date and applicability, see Editor's note.