reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 44 - Securing Attendance of Prisoners as Witnesses. › § 15A-822 - Securing attendance of prisoner outside the State as witness in proceeding in the State.

§ 15A-822. Securing attendance of prisoner outside the State as witness in proceeding in the State.
(a) When
(1) A criminal action or proceeding is pending in a court of this State, and
(2) There is reasonable cause to believe that a person confined in a correctional institution or prison of another state, other than a person confined as mentally ill, possesses information material to such criminal action or proceeding, and
(3) The attendance of the person as a witness in such proceeding is desired by a party thereto, and
(4) The state in which such person is confined possesses a statute equivalent to G.S. 15A-821, the court in which such proceeding is pending may issue a certificate under the seal of the court, certifying all such facts and certifying that the attendance of the person as a witness in such court is required for a specified number of days.
(b) The certificate may be issued upon application of either the State or a defendant setting forth the facts specified in subsection (a).
(c) Upon issuing such a certificate, the court may cause it to be delivered to a court of such other state which is authorized to initiate or undertake action for the delivery of such prisoners to this State as witnesses. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 44 - Securing Attendance of Prisoners as Witnesses. › § 15A-823 - Securing attendance of prisoner in federal institution as witness in proceeding in the State.

§ 15A-823. Securing attendance of prisoner in federal institution as witness in proceeding in the State.
(a) When
(1) A criminal proceeding is pending in a court of this State; and
(2) There is reasonable cause to believe that a person confined in a federal prison or other federal custody, either within or outside this State, possesses information material to such criminal proceeding; and
(3) His attendance as a witness in such action or proceeding is desired by a party thereto, the court may issue a certificate, known as a writ of habeas corpus ad testificandum, addressed to the Attorney General of the United States certifying all such facts and requesting the Attorney General of the United States to cause the attendance of such person as a witness in such court for a specified number of days under custody of a federal public servant.
(b) The certificate may be issued upon application of either the State or a defendant, setting forth the facts specified in subsection (a).
(c) Upon issuing the certificate, the court may cause it to be delivered to the Attorney General of the United States or to his representative authorized to entertain the request. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 45 - Fair Treatment for Certain Victims and Witnesses. › § 15A-824 - Definitions.

§ 15A-824. Definitions.
The following definitions apply in this Article:
(1) Crime. – A felony or serious misdemeanor as determined in the sole discretion of the district attorney, except those included in Article 46 of this Chapter, or an act by a juvenile as provided in Article 20A of Chapter 7B of the General Statutes.
(2) Family member. – A spouse, child, parent, guardian, legal custodian, sibling, or grandparent of the victim. The term does not include the accused.
(3) Victim. – A person against whom there is probable cause to believe a crime has been committed.
(4) Witness. – A person who has been or is expected to be summoned to testify for the prosecution in a criminal action concerning a felony, or who by reason of having relevant information is subject to being called or is likely to be called as a witness for the prosecution in such an action, whether or not an action or proceeding has been commenced. (1985 (Reg. Sess., 1986), c. 998, s. 1; 1989, c. 596, s. 1; 1998-212, s. 19.4(a), (b); 2019-216, s. 1(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 45 - Fair Treatment for Certain Victims and Witnesses. › § 15A-826 - District attorney legal assistants.

§ 15A-826. District attorney legal assistants.
In addition to providing administrative and legal support to the district attorney's office, district attorney legal assistants are responsible for coordinating efforts within the law-enforcement and judicial systems to assure that each victim and witness is treated in accordance with this Article. (1985 (Reg. Sess., 1986), c. 998, s. 1; 1997-443, s. 18.7(e); 2015-241, s. 18A.8(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 45 - Fair Treatment for Certain Victims and Witnesses. › § 15A-827 - Scope.

§ 15A-827. Scope.
This Article does not create any civil or criminal liability on the part of the State of North Carolina or any criminal justice agency, employee, or volunteer. (1985 (Reg. Sess., 1986), c. 998, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-830.5 - Victim's rights.

§ 15A-830.5. Victim's rights.
(a) A victim of crime shall be treated with dignity and respect by the criminal justice system.
(b) A victim has the following rights:
(1) The right, upon request, to reasonable, accurate, and timely notice of court proceedings of the accused.
(2) The right, upon request, to be present at court proceedings of the accused.
(3) The right to be reasonably heard at court proceedings involving a plea that disposes of the case or the conviction, sentencing, or release of the accused.
(4) The right to receive restitution in a reasonably timely manner, when ordered by the court.
(5) The right to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims.
(6) The right, upon request, to receive information about the conviction or final disposition and sentence of the accused.
(7) The right, upon request, to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence.
(8) The right to present the victim's views and concerns in writing to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective.
(9) The right to reasonably confer with the district attorney's office.
(c) This Article does not create a claim for damages against the State, any county or municipality, or any State or county agencies, instrumentalities, officers, or employees. (2019-216, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-831.1 - Polygraph examinations of victims of sexual assaults.

§ 15A-831.1. Polygraph examinations of victims of sexual assaults.
(a) A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an investigation into the matter.
(b) An agency wishing to perform a polygraph examination of a person claiming to be a victim or witness of sexual assault shall inform the person of the following:
(1) That taking the polygraph examination is voluntary.
(2) That the results of the examination are not admissible in court.
(3) That the person's decision to submit to or refuse a polygraph examination will not be the sole basis for a decision by the agency not to investigate the matter.
(c) An agency which declines to investigate an alleged case of sexual assault following a decision by a person claiming to be a victim not to submit to a polygraph examination shall provide to that person, in writing, the reasons why the agency did not pursue the investigation at the request of the person. (2007-294, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-832.1 - Responsibilities of judicial officials.

§ 15A-832.1. Responsibilities of judicial officials.
(a) In issuing a pleading as provided in G.S. 15A-921, for any misdemeanor offense against the person based on testimony or evidence from a complaining witness rather than from a law enforcement officer, a judicial official shall record the defendant's name and the victim's name, address, and telephone number electronically or on a form separate from the pleading and developed by the Administrative Office of the Courts for the purpose of recording that information, unless the victim refuses to disclose any or all of the information, in which case the judicial official shall so indicate.
(b) A judicial official issuing a pleading for any misdemeanor offense against the person based on testimony or evidence from a complaining witness rather than from a law enforcement officer shall deliver the court's copy of the warrant and the victim-identifying information to the office of the clerk of superior court by the close of the next business day. Within 72 hours, the office of the clerk of superior court shall forward to the district attorney's office a copy of the victim-identifying information set forth in subsection (a) of this section. The clerk shall maintain the clerk's copy of the form as a confidential record.
(c) The judge, in any court proceeding subject to this Article, shall inquire as to whether the victim is present and wishes to be heard. If the victim is present and wishes to be heard, the court shall grant the victim an opportunity to be reasonably heard. The right to be reasonably heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of an audio or video statement.
(d) A judge notified by the clerk of court that a victim has filed a motion alleging a violation of the rights provided in this Article shall review the motion. The judge involved in the criminal proceeding that gave rise to the rights in question may, on the judge's own motion, recuse himself or herself if justice requires it and report the recusal to the Administrative Office of the Courts. The judge, or a judge appointed by the Administrative Office of the Courts in the event of recusal, shall dispose of the motion or set the motion for hearing as required by G.S. 15A-834.5.
(e) The court shall make every effort to provide a secure waiting area during court proceedings that does not place the victim in close proximity to the defendant or the defendant's family. (2001-433, s. 4; 2001-487, s. 120; 2019-216, s. 6; 2022-47, s. 16(n); 2022-73, s. 9.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-833 - Evidence of victim impact.

§ 15A-833. Evidence of victim impact.
(a) A victim has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury in sentencing the defendant. The evidence may include the following:
(1) A description of the nature and extent of any physical, psychological, or emotional injury suffered by the victim as a result of the offense committed by the defendant.
(2) An explanation of any economic or property loss suffered by the victim as a result of the offense committed by the defendant.
(3) A request for restitution and an indication of whether the victim has applied for or received compensation under the Crime Victims Compensation Act.
(b) No victim shall be required to offer evidence of the impact of the crime. No inference or conclusion shall be drawn from a victim's decision not to offer evidence of the impact of the crime. At the victim's request and with the consent of the defendant, a representative of the district attorney's office or a law enforcement officer may proffer evidence of the impact of the crime to the court. (1998-212, s. 19.4(c); 2001-433, s. 5; 2001-487, s. 120.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-834 - Restitution.

§ 15A-834. Restitution.
A victim has the right to receive restitution as ordered by the court pursuant to Article 81C of Chapter 15A of the General Statutes. (1998-212, s. 19.4(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-835 - Posttrial responsibilities.

§ 15A-835. Posttrial responsibilities.
(a) Within 30 days after the final court proceeding in the case, the district attorney's office shall notify the victim, in writing, of:
(1) The final disposition of the case.
(2) The crimes of which the defendant was convicted.
(3) The defendant's right to appeal, if any.
(4) The telephone number of offices to contact in the event of nonpayment of restitution by the defendant.
(b) Upon a defendant's giving notice of appeal to the Court of Appeals or the Supreme Court, the district attorney's office shall forward to the Attorney General's office the defendant's name and the victim's name, address, and telephone number. Upon receipt of this information, and thereafter as the circumstances require, the Attorney General's office shall provide the victim with the following:
(1) A clear and concise explanation of how the appellate process works, including information about possible actions that may be taken by the appellate court.
(2) Notice of the date, time, and place of any appellate proceedings involving the defendant. Notice shall be given in a manner that is reasonably calculated to be received by the victim prior to the date of the proceedings.
(3) The final disposition of an appeal.
(b1) Although the victim does not have a right to be heard, the victim is permitted to be present at any appellate proceeding that is an open hearing.
(c) If the defendant has been released on bail pending the outcome of the appeal, the agency that has custody of the defendant shall notify the investigating law enforcement agency as soon as practicable, and within 72 hours of receipt of the notification the investigating law enforcement agency shall notify the victim that the defendant has been released.
(d) If the defendant's conviction is overturned, and the district attorney's office decides to retry the case or the case is remanded to superior court for a new trial, the victim shall be entitled to the same rights under this Article as if the first trial did not take place.
(e) Repealed by Session Laws 2001-302, s. 1. (1998-212, s. 19.4(c); 2001-302, s. 1; 2001-433, s. 6; 2001-487, s. 120; 2019-216, s. 7.5.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-836 - Responsibilities of agency with custody of defendant.

§ 15A-836. Responsibilities of agency with custody of defendant.
(a) When a form is included with the final judgment and commitment pursuant to G.S. 15A-832(g), or when the victim has otherwise filed a written request for notification with the custodial agency, the custodial agency shall notify the victim of:
(1) The projected date by which the defendant can be released from custody. The calculation of the release date shall be as exact as possible, including earned time and disciplinary credits if the sentence of imprisonment exceeds 90 days.
(2) An inmate's assignment to a minimum custody unit and the address of the unit. This notification shall include notice that the inmate's minimum custody status may lead to the inmate's participation in one or more community-based programs such as work release or supervised leaves in the community.
(3) The victim's right to submit any concerns to the agency with custody and the procedure for submitting such concerns.
(4) The defendant's escape from custody, within 72 hours, except that if a victim has notified the agency in writing that the defendant has issued a specific threat against the victim, the agency shall notify the victim as soon as possible and within 24 hours at the latest.
(5) The defendant's capture, within 24 hours.
(6) The date the defendant is scheduled to be released from the facility. Whenever practical, notice shall be given 60 days before release. In no event shall notice be given less than seven days before release.
(7) The defendant's death.
(8) The procedure for alleging a failure of the custodial agency to notify the victim as required by this section.
(b) Notifications required in this section shall be provided within 60 days of the date the custodial agency takes custody of the defendant or within 60 days of the event requiring notification, or as otherwise specified in subsection (a) of this section. (1998-212, s. 19.4(c); 2001-433, s. 7; 2001-487, s. 120; 2019-216, s. 8.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-837 - Responsibilities of Division of Community Supervision and Reentry.

§ 15A-837. Responsibilities of Division of Community Supervision and Reentry.
(a) The Division of Community Supervision and Reentry shall notify the victim of:
(1) The defendant's regular conditions of probation or post-release supervision, special or added conditions, supervision requirements, and any subsequent changes.
(2) The date and location of any hearing to determine whether the defendant's supervision should be revoked, continued, modified, or terminated.
(3) The final disposition of any hearing referred to in subdivision (2) of this subsection.
(4) Any restitution modification.
(5) The defendant's movement into or out of any intermediate sanction as defined in G.S. 15A-1340.11(6).
(6) The defendant's absconding supervision, within 72 hours.
(7) The capture of a defendant described in subdivision (6) of this subsection, within 72 hours.
(8) The date when the defendant is terminated or discharged.
(9) The defendant's death.
(b) Notifications required in this section shall be provided within 30 days of the event requiring notification, or as otherwise specified in subsection (a) of this section. (1998-212, s. 19.4(c); 2001-433, s. 8; 2001-487, ss. 47(a), 120; 2011-145, s. 19.1(k); 2017-186, s. 2(eee); 2021-180, s. 19C.9(v).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-838 - Notice of commuted sentence or pardon.

§ 15A-838. Notice of commuted sentence or pardon.
The Governor's Clemency Office shall notify a victim when it is considering commuting the defendant's sentence or pardoning the defendant. The Governor's Clemency Office shall also give notice that the victim has the right to present a written statement to be considered by the Office before the defendant's sentence is commuted or the defendant is pardoned. The Governor's Clemency Office shall notify the victim of its decision. Notice shall be given in a manner that is reasonably calculated to allow for a timely response to the commutation or pardon decision. (1998-212, s. 19.4(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 46 - Crime Victims' Rights Act. › § 15A-839 - No money damages.

§ 15A-839. No money damages.
This Article, including the provision of a service pursuant to this Article through the Statewide Automated Victim Assistance and Notification System established by the Governor's Crime Commission, does not create a claim for damages against the State, a county, or a municipality, or any of its agencies, instrumentalities, officers, or employees. (1998-212, s. 19.4(c); 1999-169, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-902 - Discovery procedure.

§ 15A-902. Discovery procedure.
(a) A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily with the discovery request. A written request is not required if the parties agree in writing to voluntarily comply with the provisions of Article 48 of Chapter 15A of the General Statutes. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery under the provisions of this Article concerning any matter as to which voluntary discovery was not made pursuant to request.
(b) To the extent that discovery authorized in this Article is voluntarily made in response to a request or written agreement, the discovery is deemed to have been made under an order of the court for the purposes of this Article.
(c) A motion for discovery under this Article must be heard before a superior court judge.
(d) If a defendant is represented by counsel, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after either the probable-cause hearing or the date the defendant waives the hearing. If a defendant is not represented by counsel, or is indicted or consents to the filing of a bill of information before the defendant has been afforded or waived a probable-cause hearing, the defendant may as a matter of right request voluntary discovery from the State under subsection (a) of this section not later than the tenth working day after the later of:
(1) The defendant's consent to be tried upon a bill of information, or the service of notice upon the defendant that a true bill of indictment has been found by the grand jury, or
(2) The appointment of counsel.
For the purposes of this subsection a defendant is represented by counsel only if counsel was retained by or appointed for the defendant prior to or during a probable-cause hearing or prior to execution by the defendant of a waiver of a probable-cause hearing.
(e) The State may as a matter of right request voluntary discovery from the defendant, when authorized under this Article, at any time not later than the tenth working day after disclosure by the State with respect to the category of discovery in question.
(f) A motion for discovery made at any time prior to trial may be entertained if the parties so stipulate or if the judge for good cause shown determines that the motion should be allowed in whole or in part. (1973, c. 1286, s. 1; 2004-154, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-904 - Disclosure by the State - Certain information not subject to disclosure.

§ 15A-904. Disclosure by the State – Certain information not subject to disclosure.
(a) The State is not required to disclose written materials drafted by the prosecuting attorney or the prosecuting attorney's legal staff for their own use at trial, including witness examinations, voir dire questions, opening statements, and closing arguments. Disclosure is also not required of legal research or of records, correspondence, reports, memoranda, or trial preparation interview notes prepared by the prosecuting attorney or by members of the prosecuting attorney's legal staff to the extent they contain the opinions, theories, strategies, or conclusions of the prosecuting attorney or the prosecuting attorney's legal staff.
(a1) The State is not required to disclose the identity of a confidential informant unless the disclosure is otherwise required by law.
(a2) The State is not required to provide any personal identifying information of a witness beyond that witness's name, address, date of birth, and published phone number, unless the court determines upon motion of the defendant that such additional information is necessary to accurately identify and locate the witness.
(a3) The State is not required to disclose the identity of any individual providing information about a crime or criminal conduct to a Crime Stoppers organization under promise or assurance of anonymity unless ordered by the court. For purposes of this Article, a Crime Stoppers organization or similarly named entity means a private, nonprofit North Carolina corporation governed by a civilian volunteer board of directors that is operated on a local or statewide level that (i) offers anonymity to persons providing information to the organization, (ii) accepts and expends donations for cash rewards to persons who report to the organization information about alleged criminal activity and that the organization forwards to the appropriate law enforcement agency, and (iii) is established as a cooperative alliance between the news media, the community, and law enforcement officials.
(a4) The State is not required to disclose the Victim Impact Statement or its contents unless otherwise required by law. For purposes of this Chapter, a Victim Impact Statement is a document submitted by the victim or the victim's family to the State pursuant to the Victims' Rights Amendment.
(b) Nothing in this section prohibits the State from making voluntary disclosures in the interest of justice nor prohibits a court from finding that the protections of this section have been waived.
(c) This section shall have no effect on the State's duty to comply with federal or State constitutional disclosure requirements. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2004-154, s. 5; 2007-377, s. 2; 2011-250, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-906 - Disclosure of evidence by the defendant - Certain evidence not subject to disclosure.

§ 15A-906. Disclosure of evidence by the defendant – Certain evidence not subject to disclosure.
Except as provided in G.S. 15A-905(b) this Article does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by prosecution or defense witnesses, or by prospective prosecution witnesses or defense witnesses, to the defendant, his agents, or attorneys. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-907 - Continuing duty to disclose.

§ 15A-907. Continuing duty to disclose.
If a party, who is required to give or who voluntarily gives discovery pursuant to this Article, discovers prior to or during trial additional evidence or witnesses, or decides to use additional evidence or witnesses, and the evidence or witness is or may be subject to discovery or inspection under this Article, the party must promptly notify the attorney for the other party of the existence of the additional evidence or witnesses. (1973, c. 1286, s. 1; 1975, c. 166, s. 16; 2004-154, s. 7.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-908 - Regulation of discovery - Protective orders.

§ 15A-908. Regulation of discovery – Protective orders.
(a) Upon written motion of a party and a finding of good cause, which may include, but is not limited to a finding that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment, the court may at any time order that discovery or inspection be denied, restricted, or deferred, or may make other appropriate orders. A party may apply ex parte for a protective order and, if an ex parte order is granted, the opposing party shall receive notice that the order was entered, but without disclosure of the subject matter of the order.
(b) The court may permit a party seeking relief under subsection (a) to submit supporting affidavits or statements to the court for in camera inspection. If thereafter the court enters an order granting relief under subsection (a), the material submitted in camera must be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. (1973, c. 1286, s. 1; 1983, Ex. Sess., c. 6, s. 2; 2004-154, s. 8.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-909 - Regulation of discovery - Time, place, and manner of discovery and inspection.

§ 15A-909. Regulation of discovery – Time, place, and manner of discovery and inspection.
An order of the court granting relief under this Article must specify the time, place, and manner of making the discovery and inspection permitted and may prescribe appropriate terms and conditions. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 48 - Discovery in the Superior Court. › § 15A-910 - Regulation of discovery - Failure to comply.

§ 15A-910. Regulation of discovery – Failure to comply.
(a) If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers may
(1) Order the party to permit the discovery or inspection, or
(2) Grant a continuance or recess, or
(3) Prohibit the party from introducing evidence not disclosed, or
(3a) Declare a mistrial, or
(3b) Dismiss the charge, with or without prejudice, or
(4) Enter other appropriate orders.
(b) Prior to finding any sanctions appropriate, the court shall consider both the materiality of the subject matter and the totality of the circumstances surrounding an alleged failure to comply with this Article or an order issued pursuant to this Article.
(c) For purposes of determining whether to impose personal sanctions for untimely disclosure of law enforcement and investigatory agencies' files, courts and State agencies shall presume that prosecuting attorneys and their staffs have acted in good faith if they have made a reasonably diligent inquiry of those agencies under G.S. 15A-903(c) and disclosed the responsive materials.
(d) If the court imposes any sanction, it must make specific findings justifying the imposed sanction. (1973, c. 1286, s. 1; 1975, c. 166, s. 17; 1983, Ex. Sess., c. 6, s. 3; 2004-154, s. 9; 2011-250, s. 4.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 49 - Pleadings and Joinder. › § 15A-921 - Pleadings in criminal cases.

§ 15A-921. Pleadings in criminal cases.
Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases:
(1) Citation.
(2) Criminal summons.
(3) Warrant for arrest.
(4) Magistrate's order pursuant to G.S. 15A-511 after arrest without warrant.
(5) Statement of charges.
(6) Information.
(7) Indictment. (1973, c. 1286, s. 1; 1975, c. 166, s. 18.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 49 - Pleadings and Joinder. › § 15A-923 - Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division.

§ 15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division.
(a) Prosecution on Information or Indictment. – The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the pleading must be an information. A presentment by the grand jury may not serve as the pleading in a criminal case.
(b) Form of Information or Indictment. – An information and a bill of indictment charge the crime or crimes in the same manner. An information has entered upon it or attached to it the defendant's written waiver of a bill of indictment. The bill of indictment has entered upon it the finding of the grand jury that it is a true bill.
(c) Waiver of Indictment. – The defendant may waive a bill of indictment as provided in G.S. 15A-642.
(d) Amendment of Information. – An information may be amended only with the consent of the defendant.
(e) No Amendment of Indictment. – A bill of indictment may not be amended. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 49 - Pleadings and Joinder. › § 15A-925 - Bill of particulars.

§ 15A-925. Bill of particulars.
(a) Upon motion of a defendant under G.S. 15A-952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant.
(b) A motion for a bill of particulars must request and specify items of factual information desired by the defendant which pertain to the charge and which are not recited in the pleading, and must allege that the defendant cannot adequately prepare or conduct his defense without such information.
(c) If any or all of the items of information requested are necessary to enable the defendant adequately to prepare or conduct his defense, the court must order the State to file and serve a bill of particulars. Nothing contained in this section authorizes an order for a bill of particulars which requires the State to recite matters of evidence.
(d) The bill of particulars must be filed with the court and must recite every item of information required in the order. A copy must be served upon the defendant, or his attorney. The proceedings are stayed pending the filing and service.
(e) A bill of particulars may not supply an omission or cure a defect in a criminal pleading. The evidence of the State, as to those matters within the scope of the motion, is limited to the items set out in the bill of particulars. The court may permit amendment of a bill of particulars at any time prior to trial. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 49 - Pleadings and Joinder. › § 15A-926 - Joinder of offenses and defendants.

§ 15A-926. Joinder of offenses and defendants.
(a) Joinder of Offenses. – Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. Each offense must be stated in a separate count as required by G.S. 15A-924.
(b) Separate Pleadings for Each Defendant and Joinder of Defendants for Trial.
(1) Each defendant must be charged in a separate pleading.
(2) Upon written motion of the prosecutor, charges against two or more defendants may be joined for trial:
a. When each of the defendants is charged with accountability for each offense; or
b. When, even if all of the defendants are not charged with accountability for each offense, the several offenses charged:
1. Were part of a common scheme or plan; or
2. Were part of the same act or transaction; or
3. Were so closely connected in time, place, and occasion that it would be difficult to separate proof of one charge from proof of the others.
(c) Failure to Join Related Offenses.
(1) When a defendant has been charged with two or more offenses joinable under subsection (a) his timely motion to join them for trial must be granted unless the court determines that because the prosecutor does not have sufficient evidence to warrant trying some of the offenses at that time or if, for some other reason, the ends of justice would be defeated if the motion were granted. A defendant's failure to make this motion constitutes a waiver of any right of joinder of offenses joinable under subsection (a) with which the defendant knew he was charged.
(2) A defendant who has been tried for one offense may thereafter move to dismiss a charge of a joinable offense. The motion to dismiss must be made prior to the second trial, and must be granted unless
a. A motion for joinder of these offenses was previously denied, or
b. The court finds that the right of joinder has been waived, or
c. The court finds that because the prosecutor did not have sufficient evidence to warrant trying this offense at the time of the first trial, or because of some other reason, the ends of justice would be defeated if the motion were granted.
(3) The right to joinder under this subsection is not applicable when the defendant has pleaded guilty or no contest to the previous charge. (1973, c. 1286, s. 1; 1975, c. 166, ss. 19, 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 50 - Voluntary Dismissal. › § 15A-931 - Voluntary dismissal of criminal charges by the State.

§ 15A-931. Voluntary dismissal of criminal charges by the State.
(a) Except as provided in G.S. 20-138.4, the prosecutor may dismiss any charges stated in a criminal pleading including those deferred for prosecution by entering an oral dismissal in open court before or during the trial, or by filing a written dismissal with the clerk at any time. The clerk must record the dismissal entered by the prosecutor and note in the case file whether a jury has been impaneled or evidence has been introduced.
(a1) Unless the defendant or the defendant's attorney has been notified otherwise by the prosecutor, a written dismissal of the charges against the defendant filed by the prosecutor shall be served in the same manner prescribed for motions under G.S. 15A-951. In addition, the written dismissal shall also be served on the chief officer of the custodial facility when the record reflects that the defendant is in custody.
(b) No statute of limitations is tolled by charges which have been dismissed pursuant to this section. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1983, c. 435, s. 5; 1991, c. 109, s. 1; 1997-228, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 50 - Voluntary Dismissal. › § 15A-932 - Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.

§ 15A-932. Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.
(a) The prosecutor may enter a dismissal with leave for nonappearance when a defendant:
(1) Cannot be readily found to be served with an order for arrest after the grand jury had indicted him; or
(2) Fails to appear at a criminal proceeding at which his attendance is required, and the prosecutor believes the defendant cannot be readily found.
(a1) The prosecutor may enter a dismissal with leave pursuant to a deferred prosecution agreement entered into in accordance with the provisions of Article 82 of this Chapter.
(b) Dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement results in removal of the case from the docket of the court, but all process outstanding retains its validity, and all necessary actions to apprehend the defendant, investigate the case, or otherwise further its prosecution may be taken, including the issuance of nontestimonial identification orders, search warrants, new process, initiation of extradition proceedings, and the like.
(c) The prosecutor may enter the dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement orally in open court or by filing the dismissal in writing with the clerk. If the dismissal for nonappearance or pursuant to a deferred prosecution agreement is entered orally, the clerk must note the nature of the dismissal in the case records.
(d) Upon apprehension of the defendant, or in the discretion of the prosecutor when he believes apprehension is imminent, the prosecutor may reinstitute the proceedings by filing written notice with the clerk.
(d1) If the proceeding was dismissed pursuant to subdivision (2) of subsection (a) of this section and charged only offenses for which written appearance, waiver of trial or hearing, and plea of guilty or admission of responsibility are permitted pursuant to G.S. 7A-148(a), and the defendant later tenders to the court that waiver and payment in full of all applicable fines, costs, and fees, the clerk shall accept said waiver and payment without need for a written reinstatement from the prosecutor. Upon disposition of the case pursuant to this subsection, the clerk shall recall any outstanding criminal process in the case pursuant to G.S. 15A-301(g)(2)b.
(e) If the defendant fails to comply with the terms of a deferred prosecution agreement, the prosecutor may reinstitute the proceedings by filing written notice with the clerk. (1977, c. 777, s. 1; 1985, c. 250; 1994, Ex. Sess., c. 2, s. 1; 2011-145, s. 31.23B; 2011-192, s. 7(o); 2011-391, s. 63(a); 2011-411, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 51 - Arraignment. › § 15A-941 - Arraignment before judge only upon written request; entry of not guilty plea if not arraigned.

§ 15A-941. Arraignment before judge only upon written request; entry of not guilty plea if not arraigned.
(a) Arraignment consists of bringing a defendant before a judge having jurisdiction to try the offense, advising him of the charges pending against him, and directing him to plead. The prosecutor must read the charges or fairly summarize them to the defendant. If the defendant fails to plead, the court must record that fact, and the defendant must be tried as if he had pleaded not guilty.
(b), (c) Repealed by Session Laws 2021-47, s. 10(h), effective June 18, 2021, and applicable to proceedings occurring on or after that date.
(d) A defendant will be arraigned in accordance with this section only if the defendant files a written request with the clerk of superior court for an arraignment not later than 21 days after service of the bill of indictment. If a bill of indictment is not required to be served pursuant to G.S. 15A-630, then the written request for arraignment must be filed not later than 21 days from the date of the return of the indictment as a true bill. Upon the return of the indictment as a true bill, the court must immediately cause notice of the 21-day time limit within which the defendant may request an arraignment to be mailed or otherwise given to the defendant and to the defendant's counsel of record, if any. If the defendant does not file a written request for arraignment, then the court shall enter a not guilty plea on behalf of the defendant.
(e) Nothing in this section shall prevent the district attorney from calendaring cases for administrative purposes. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1993, c. 30, s. 3; 1995 (Reg. Sess., 1996), c. 725, s. 7; 2021-47, s. 10(h).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 51 - Arraignment. › § 15A-942 - Right to counsel.

§ 15A-942. Right to counsel.
If the defendant appears at the arraignment without counsel, the court must inform the defendant of his right to counsel, must accord the defendant opportunity to exercise that right, and must take any action necessary to effectuate the right. If the defendant does not file a written request for arraignment, the court, in addition to entering a plea of not guilty on behalf of the defendant, shall also verify that the defendant is aware of the right to counsel, that the defendant has been given the opportunity to exercise that right, and must take any action necessary to effectuate that right on behalf of the defendant. (1777, c. 115, s. 85, P.R.; R.C., c. 35, s. 13; Code, s. 1182; Rev., s. 3150; C.S., s. 4515; 1973, c. 1286, s. 1; 1995 (Reg. Sess., 1996), c. 725, s. 8.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 51 - Arraignment. › § 15A-943 - Arraignment in superior court Required calendaring.

§ 15A-943. Arraignment in superior court –Required calendaring.
(a) In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal cases are heard, and in other counties the Chief Justice designates, the prosecutor must calendar arraignments in the superior court on at least the first day of every other week in which criminal cases are heard. No cases in which the presence of a jury is required may be calendared for the day or portion of a day during which arraignments are calendared.
(b) When a defendant pleads not guilty at an arraignment required by subsection (a), he may not be tried without his consent in the week in which he is arraigned.
(c) Notwithstanding the provisions of subsection (a) of this section, in any county where as many as three simultaneous sessions of superior court, whether criminal, civil, or mixed, are regularly scheduled, the prosecutor may calendar arraignments in any of the criminal or mixed sessions, at least every other week, upon any day or days of a session, and jury cases may be calendared for trial in any other court at which criminal cases may be heard, upon such days. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; c. 471.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 51 - Arraignment. › § 15A-944 - Arraignment in superior court Optional calendaring.

§ 15A-944. Arraignment in superior court – Optional calendaring.
In counties other than those described in G.S. 15A-943 the prosecutor may, but is not required to, calendar arraignments in the manner described in that section. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 51 - Arraignment. › § 15A-945 - Waiver of arraignment.

§ 15A-945. Waiver of arraignment.
A defendant who is represented by counsel and who wishes to plead not guilty may waive arraignment prior to the day for which arraignment is calendared by filing a written plea, signed by the defendant and his counsel. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 52 - Motions Practice. › § 15A-951 - Motions in general; definition, service, and filing.

§ 15A-951. Motions in general; definition, service, and filing.
(a) A motion must:
(1) Unless made during a hearing or trial, be in writing;
(2) State the grounds of the motion; and
(3) Set forth the relief or order sought.
(b) Each written motion must be served upon the attorney of record for the opposing party or upon the defendant if he is not represented by counsel. Service upon the attorney or upon a party shall be made as provided in G.S. 1A-1, Rule 5.
(c) All written motions must be filed with the court. Proof of service must be made by filing with the court a certificate of service as provided in G.S. 1A-1, Rule 5(b1). (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2021-47, s. 16(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 52 - Motions Practice. › § 15A-953 - Motions practice in district court.

§ 15A-953. Motions practice in district court.
In misdemeanor prosecutions in the district court motions should ordinarily be made upon arraignment or during the course of trial, as appropriate. A written motion may be made prior to trial in district court. With the consent of other parties and the district court judge, a motion may be heard before trial. Upon trial de novo in superior court, motions are subject to the provisions of G.S. 15A-952, and except as provided in G.S. 15A-135, no motion in superior court is prejudiced by any ruling upon, or a failure to make timely motion on, the subject in district court. (1973, c. 1286, s. 1.)