reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-234 - Where and how docketed; lien.

§ 1-234. Where and how docketed; lien.
Upon the entry of a judgment under G.S. 1A-1, Rule 58, affecting the title of real property, or directing in whole or in part the payment of money, the clerk of superior court shall index and record the judgment on the judgment docket of the court of the county where the judgment was entered. The judgment may be docketed on the judgment docket of the court of any other county upon the filing with the clerk thereof of a transcript of the original docket. The judgment lien is effective as against third parties from and after the indexing of the judgment as provided in G.S. 1-233. The judgment is a lien on the real property in the county where the same is docketed of every person against whom any such judgment is rendered, and which he has at the time of the docketing thereof in the county in which such real property is situated, or which he acquires at any time thereafter, for 10 years from the date of the entry of the judgment under G.S. 1A-1, Rule 58, in the county where the judgment was originally entered. But the time during which the party recovering or owning such judgment shall be, or shall have been, restrained from proceeding thereon by an order of injunction, or other order, or by the operation of any appeal, or by a statutory prohibition, does not constitute any part of the 10 years aforesaid, as against the defendant in such judgment, or the party obtaining such orders or making such appeal, or any other person who is not a purchaser, creditor or mortgagee in good faith.
A judgment docketed pursuant to G.S. 15A-1340.38 shall constitute a lien against the property of a defendant as provided for under this section. (C.C.P., s. 254; Code, s. 435; Rev., s. 574; C.S., s. 614; 1971, c. 268, s. 7; 1998-212, s. 19.4(i); 2003-59, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-235 - Of appellate division docketed in superior court; lien.

§ 1-235. Of appellate division docketed in superior court; lien.
It is the duty of the appropriate clerk of the appellate division, on application of the party obtaining judgment in one of the courts of that division, directing in whole or in part the payment of money, or affecting the title to real estate, or on the like application of the attorney of record of said party, to certify under his hand and the seal of said court a transcript of the judgment, setting forth the title of the court, the names of the parties thereto, the relief granted, that the judgment was so rendered by said court, the amount and date of the judgment, what part thereof bears interest and from what time; and said clerk shall send such certificate and transcript to the clerk of the superior court of such counties as he is directed; and the clerk of the superior court receiving the certificate and transcript shall docket them in like manner as judgment rolls of the superior court are docketed. And when so docketed, the lien of said judgment is the same in all respects, subject to the same restrictions and qualifications, and the time shall be reckoned as is provided and prescribed in the preceding sections for judgments of the superior court, so far as the same are applicable. The party desiring the certificate and transcript provided for in this section may obtain them at any time after such judgment has been rendered, unless the appellate court otherwise directs. (1881, c. 75, ss. 1, 4; Code, s. 436; Rev., s. 575; C.S., s. 615; 1969, c. 44, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-236.1 - Transcripts of judgments certified by deputy clerks validated.

§ 1-236.1. Transcripts of judgments certified by deputy clerks validated.
Each transcript of judgment from the original docket of the superior or district court of a county where the same was rendered and docketed, heretofore certified under the official seal of said court, by a deputy clerk thereof, in his own name as such deputy clerk, and docketed on the judgment docket of another county in the State, is hereby validated and declared of full force and effect in such county where docketed, from the date of docketing of the same, to the same extent and with the same effect as if said transcript of judgment had been certified in the name of the clerk of the superior court of said original county, and under his hand and official seal. (1943, c. 11; 1971, c. 268, s. 8.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 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; conformity with federal law.
Judgments and decrees rendered in the district courts of the United States within this State may be docketed on the judgment dockets of the superior courts in the several counties of this State for the purpose of creating liens upon property in the county where docketed; and when a judgment or decree is registered, recorded, docketed and indexed in a county in like manner as is required of judgments and decrees of the courts of this State, it shall become a lien and shall have all the rights, force and effect of a judgment or decree of the superior court of said county. When a judgment roll of a district court is filed with the clerk of the superior court, the clerk shall docket it as judgments of the superior court are required to be docketed. It is the intent and purpose of this section to conform the State law to the requirements of the act of Congress entitled "An Act to Regulate the Liens on Judgments and Decrees of the Courts of the United States" being the act of August first, one thousand eight hundred and eighty-eight, Chapter seven hundred and twenty-nine. (1889, c. 439; Rev., s. 576; C.S., s. 616; 1943, c. 543.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 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 photographic process.
In all cases where the governing authority of any county has caused the instruments or documents filed for record in the office of the clerk of the superior court of such county to be recorded by any system involving the use of microfilm or by the use of any microphotographic system or by any system of photographic recording, it shall be lawful for the clerk of the superior court to keep a record or docket book for the purpose of entering on same payment or payments, credit or satisfaction, assignments or releases in whole or in part of any judgment which has heretofore been recorded by any photographic process above mentioned. For this purpose, the form of such docket or record book shall be substantially as follows:
"______________ Superior Court Cancellation, Assignment, Transfer or Release of Judgments, etc.
I (We) ______________do hereby certify that that certain judgment docketed in Judgment Docket________, at page______, filed __________________ day of____, ____, Case No.______, wherein _____________ is (are) Plaintiff(s) and ____________ is (are) Defendant(s) has been fully satisfied, released and discharged together with all costs, and interest,
Signed in the presence of
Assistant-Deputy Clerk of
the Superior Court of
__________County"
Any entries of payment, credits or satisfaction made on such record or docket book, in substantially the form above mentioned, shall be good and valid payments, credits or satisfactions in all respects as if the same had been duly entered on the original judgment docket before the recording of same by the photographic process or system above mentioned. The clerk of the superior court shall have the authority to forward certificates to the clerk of the superior court of each county to whom a transcript of said judgment has been sent to the same extent and for all the purposes provided in G.S. 1-239, and all payments, credits or satisfactions entered in said docket book or record shall be valid to the same extent as if the same had been entered in the regular judgment docket in accordance with the provisions of G.S. 1-239. (1951, c. 774; 1999-456, s. 59.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-241 - Clerk to pay money to party entitled.

§ 1-241. Clerk to pay money to party entitled.
The clerk, to whom money is paid as aforesaid, shall pay it to the party entitled to receive it, under the same rules and penalties as if the money had been paid into his office by virtue of an execution. (1823, c. 1212, s. 2, P.R.; R.C., c. 31, s. 128; Code, s. 439; Rev., s. 578; C.S., s. 619.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-242 - Credits upon judgments.

§ 1-242. Credits upon judgments.
If payment is made on a judgment docketed in the office of the clerk of the superior court and no entry is made on the judgment docket, or if a docketed judgment is reversed or modified on appeal and no entry is made on the judgment docket, any interested person may move in the cause before the clerk, upon affidavit after notice to all interested persons, to have the credit, reversal, or modification entered. A hearing on the motion before the clerk may be on affidavit, oral testimony, deposition, and any other competent evidence. The clerk shall render judgment, from which any party may appeal in the same manner as in appeals in civil actions, in accordance with G.S. 1-301.1. On appeal, any party may demand a jury trial of any issue of fact. If a final judgment orders the credit, reversal, or modification, a transcript of the final judgment shall be sent by the clerk of the superior court to each county in which the original judgment is docketed, and the clerk of each county shall enter the transcript on the judgment docket of that county opposite the original judgment and file the transcript. No final process may issue on the original judgment after affidavit filed in the cause until there is a final disposition of the motion for credit, reversal, or modification. (1903, c. 558; Rev., s. 579; C.S., s. 620; 1999-216, s. 3; 2010-96, s. 23.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-243 - For money due on judicial sale.

§ 1-243. For money due on judicial sale.
The Supreme and other courts ordering a judicial sale, or having possession of bonds taken on such sale, may, on motion, after ten days' notice thereof in writing, enter judgment as soon as the money becomes due against the debtors or any of them, unless for good cause shown the court directs some other mode of collection. (R.C., c. 31, s. 129; Code, s. 941; Rev., s. 1524; C.S., s. 621.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-245 - Cancellation of judgments discharged through bankruptcy proceedings.

§ 1-245. Cancellation of judgments discharged through bankruptcy proceedings.
When a referee in bankruptcy furnishes the clerk of the superior court of any county in this State a written statement or certificate to the effect that a bankrupt has been discharged, indicating in said certificate that the plaintiff or judgment creditor in whose favor judgments against the defendant bankrupt are docketed in the office of the clerk of the superior court have received due notice as provided by law from the said referee, and that said judgments have been discharged, it shall be the duty of the clerk of the superior court to file said certificate and enter a notation thereof on the margin of said judgments.
This section shall apply to judgments of this kind already docketed as well as to future judgments of the same kind. (1937, c. 234, ss. 1-4; 1971, c. 268, s. 8.1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 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, signed and witnessed.
No assignment of judgment shall be valid at law to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor, or assignor, but from the entry of such assignment on the margin of the judgment docket opposite the said judgment, signed by the owner of said judgment, or his attorney under power of attorney or his attorney of record, and witnessed by the clerk or the deputy clerk of the superior court of the county in which said judgment is docketed: Provided, that when an assignment of judgment is duly executed by the owner or owners of the judgment and recorded in the office of the clerk of the superior court of the county in which the judgment is docketed and a specific reference thereto is made on the margin of the judgment docket opposite the judgment to be assigned, it shall operate as a complete and valid transfer and assignment of the judgment. (1941, c. 61; 1945, c. 154.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › 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 rights, status and other legal relations.
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree. (1931, c. 102, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-254 - Courts given power of construction of all instruments.

§ 1-254. Courts given power of construction of all instruments.
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder. A contract may be construed either before or after there has been a breach thereof. (1931, c. 102, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-255 - Who may apply for a declaration.

§ 1-255. Who may apply for a declaration.
Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, a minor, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, heirs, next of kin or others; or
(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(4) To determine the apportionment of the federal estate tax, interest and penalties under the provisions of Article 27 of Chapter 28A. (1931, c. 102, s. 3; 1985 (Reg. Sess., 1986), c. 878, s. 2; 2011-29, s. 1; 2011-284, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-256 - Enumeration of declarations not exclusive.

§ 1-256. Enumeration of declarations not exclusive.
The enumeration in G.S. 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in G.S. 1-253 in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. (1931, c. 102, s. 4.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-257 - Discretion of court.

§ 1-257. Discretion of court.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding; provided, however, that a controversy between insurance companies, arising either by direct action or by joinder or intervention, with respect to which of two or more of the insurers is liable under its particular policy and the insurers' respective liabilities and obligations, constitutes a justiciable issue and the court should, upon petition by one or more of the parties to the action, render a declaratory judgment as to the liabilities and obligations of the insurers. (1931, c. 102, s. 5; 1989, c. 183.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-259 - Supplemental relief.

§ 1-259. Supplemental relief.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. (1931, c. 102, s. 7.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-260 - Parties.

§ 1-260. Parties.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General of the State shall also be served with a copy of the proceeding and be entitled to be heard. (1931, c. 102, s. 8.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-261 - Jury trial.

§ 1-261. Jury trial.
When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. (1931, c. 102, s. 9.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 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 or jury trial waived; what judge may hear.
Proceedings under this Article shall be tried at a session of court, as in other civil actions. If no issues of fact are raised, or if such issues are raised and the parties waive a jury trial, by agreement of the parties the proceedings may be heard before any judge of the trial division in which the proceeding is pending. If the parties do not agree upon a judge for the hearing and the proceeding is in the Superior Court Division, then upon motion of the plaintiff, the proceeding may be heard by a resident superior court judge of the district, or a superior court judge holding the courts of the district, or by any judge holding a session of superior court within the district. If the parties do not agree upon a judge and the proceeding is in the District Court Division, then upon motion of the plaintiff, the proceeding may be heard by the chief district judge or by a district judge authorized by the chief judge to hear motions and enter interlocutory orders. Such motion shall be in writing, with 10 days' notice to the defendant, and the judge designated shall fix a time and place for the hearing and notify the parties. Upon notice given, the clerk of the court in which the action is pending shall forward the papers in the proceeding to the judge designated. The hearing by the judge shall be governed by the practice for hearings in other civil actions before a judge without a jury. References to judges of the superior court in this section include emergency and special judges. (1931, c. 102, s. 10; 1971, c. 268, s. 9.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-264 - Liberal construction and administration.

§ 1-264. Liberal construction and administration.
This Article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally construed and administered. (1931, c. 102, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-265 - Word "person" construed.

§ 1-265. Word "person" construed.
The word "person" wherever used in this Article, shall be construed to mean any person, State agency, partnership, joint-stock company, unincorporated association, or society, or municipal corporation or other corporation of any character whatsoever. (1931, c. 102, s. 13; 2001-192, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 26 - Declaratory Judgments. › § 1-266 - Uniformity of interpretation.

§ 1-266. Uniformity of interpretation.
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. (1931, c. 102, s. 15.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › 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) It is the intent of the General Assembly to ensure that the unpaid residuals in class action litigation are distributed, to the extent possible, in a manner designed either to further the purposes of the underlying causes of action or to promote justice for all citizens of this State. The General Assembly finds that the use of funds collected by the State courts pursuant to this section for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes.
(b) Prior to the entry of any judgment or order approving settlement in a class action established pursuant to Rule 23 of the Rules of Civil Procedure, the court shall determine the total amount that will be payable to all class members, if all class members are paid the amount to which they are entitled pursuant to the judgment or settlement. The court shall also set a date when the parties shall report to the court the total amount that was actually paid to the class members. After the report is received, the court, unless it orders otherwise consistent with its obligations under Rule 23 of the Rules of Civil Procedure, shall direct the defendant to pay the sum of the unpaid residue, to be divided and credited equally, to the Indigent Person's Attorney Fund and to the North Carolina State Bar for the provision of civil legal services for indigents. (2005-420, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-268 - Writs of error abolished.

§ 1-268. Writs of error abolished.
Writs of error in civil actions are abolished, and the only mode of reviewing a judgment, or order, in a civil action, is that prescribed by this Chapter. (C.C.P., s. 296; Code, s. 544; Rev., s. 583; C.S., s. 629.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-269 - Certiorari, recordari, and supersedeas.

§ 1-269. Certiorari, recordari, and supersedeas.
Writs of certiorari, recordari, and supersedeas are authorized as heretofore in use. The writs of certiorari and recordari, when used as substitutes for an appeal, may issue when ordered upon the applicant filing a written undertaking for the costs only; but the supersedeas, to suspend execution, shall not issue until an undertaking is filed or a deposit made to secure the judgment sought to be vacated, as in cases of appeal where execution is stayed. (1874-5, c. 109; Code, s. 545; Rev., s. 584; C.S., s. 630.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-270 - Appeal to appellate division; security on appeal; stay.

§ 1-270. Appeal to appellate division; security on appeal; stay.
Cases shall be taken to the appellate division by appeal, as provided by law. All provisions in this Article as to the security to be given upon appeals and as to the stay of proceedings apply to appeals taken to the appellate division. (C.C.P., s. 312; Code, ss. 561, 946; Rev., ss. 595, 1540; C.S., s. 631; 1969, c. 444, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-271 - Who may appeal.

§ 1-271. Who may appeal.
Any party aggrieved may appeal or cross-appeal in the cases prescribed in this Chapter. The term "party aggrieved" includes a party challenging the grant or denial of a motion under the Rules of Civil Procedure. (C.C.P., s. 298; Code, s. 547; Rev., s. 585; C.S., s. 632; 1969, c. 895, s. 15; 2023-54, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-277 - Appeal from superior or district court judge.

§ 1-277. Appeal from superior or district court judge.
(a) An appeal may be taken from every judicial order or determination of a judge of a superior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, that affects a substantial right claimed in any action or proceeding; or that in effect determines the action and prevents a judgment from which an appeal might be taken; or discontinues the action or grants or refuses a new trial.
(b) Any interested party has the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant, or the party may preserve the party's objection for determination upon any subsequent appeal in the cause. (1818, c. 962, s. 4, P.R; C.C.P., s. 299; Code, s. 548; Rev., s. 587; C.S., s. 638; 1967, c. 954, s. 3; 1971, c. 268, s. 10; 2023-54, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-278 - Interlocutory orders reviewed on appeal from judgment.

§ 1-278. Interlocutory orders reviewed on appeal from judgment.
Upon an appeal from a judgment, the court may review any intermediate order involving the merits and necessarily affecting the judgment. (C.C.P., s. 313; Code, s. 562; Rev., s. 589; C.S., s. 640.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 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 appellate division in civil actions and in special proceedings.
Any party entitled by law to appeal from a judgment or order rendered by a judge in superior or district court in a civil action or in a special proceeding may take appeal by giving notice of appeal within the time, in the manner, and with the effect provided in the rules of appellate procedure. (1989, c. 377, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-281 - Appeals from judgments not in session.

§ 1-281. Appeals from judgments not in session.
When appeals are taken from judgments of the clerk or judge not made in session, the clerk is authorized to make any and all necessary orders for the perfecting of such appeals. (Ex. Sess. 1921, c. 92, s. 19a; C.S., s. 642(a); 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 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 of leaving office or of disability.
Except as provided in this section, only the judge of superior court or of district court from whose order or judgment an appeal has been taken is empowered to settle the record on appeal when judicial settlement is required. A judge retains power to settle a record on appeal notwithstanding he has resigned or retired or his term of office has expired without reappointment or reelection since entry of the judgment or order. Proceedings for judicial settlement when the judge empowered by this section to settle the record on appeal is unavailable for the purpose by reason of death, mental or physical incapacity, or absence from the State shall be as provided by the rules of appellate procedure. (C.C.P., s. 301; Code, s. 550; 1889, c. 161; Rev., s. 591; 1907, c. 312; C.S., s. 644; 1971, c. 381, s. 12; 1975, c. 391, s. 8.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-285 - Undertaking on appeal.

§ 1-285. Undertaking on appeal.
(a) To render an appeal effectual for any purpose in a civil cause or special proceeding, a written undertaking must be executed on the part of the appellant, with good and sufficient surety, in the sum of two hundred fifty dollars ($250.00), or any lesser sum as might be adjudged by the court, to the effect that the appellant will pay all costs awarded against him on the appeal, and this undertaking must be filed with the clerk with whom the judgment or order was filed; or such sum must be deposited with the appropriate clerk of the appellate division in compliance with the North Carolina Rules of Appellate Procedure.
(b) The provisions of this section do not apply to the State of North Carolina, a city or a county or a local board of education, an officer thereof in his official capacity, or an agency thereof. (C.C.P., ss. 303, 312; 1871-2, c. 31; Code, ss. 552, 561; 1889, c. 135, s. 2; Rev., ss. 593, 595; C.S., s. 646; 1969, c. 44, s. 5; 1975, c. 391, s. 1; 1985, c. 468; 1987, c. 462, s. 2; 1995 (Reg. Sess., 1996), c. 742, s. 42.3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-286 - Justification of sureties.

§ 1-286. Justification of sureties.
Any written undertaking on appeal under G.S. 1-285 must be accompanied by an affidavit of one of the sureties that the surety is worth double the amount specified in the undertaking. The respondent may object to the sufficiency of the sureties within 10 days after the notice of appeal; and unless a surety justifies within 10 days after the objection, the appeal shall be regarded as if no undertaking had been given. The justification must be upon a notice of not less than five days. (C.C.P., s. 310; Code, s. 560; 1887, c. 121; Rev., s. 594; C.S., s. 647; 1995 (Reg. Sess., 1996), c. 742, s. 42.4; 2023-54, s. 4.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-288 - Appeals by indigents; clerk's fees.

§ 1-288. Appeals by indigents; clerk's fees.
When any party to a civil action tried and determined in the superior or district court at the time of trial or special proceeding desires an appeal from the judgment rendered in the action to the Appellate Division, and is unable, by reason of poverty, to make the deposit or to give the security required by law for the appeal, it shall be the duty of the judge or clerk of said court to make an order allowing the party to appeal from the judgment to the Appellate Division as in other cases of appeal, without giving security therefor. The party desiring to appeal from the judgment or order in a civil action or special proceeding shall, within 30 days after the entry of the judgment or order, make affidavit that he or she is unable by reason of poverty to give the security required by law. Nothing contained in this section deprives the clerk of the superior court of the right to demand the fees for the certificate and seal as now allowed by law in such cases. Provided, that where the judge or the clerk has made an order allowing the appellant to appeal as an indigent and the appeal has been filed in the Appellate Division, and an error or omission has been made in the affidavit or certificate of counsel, and the error is called to the attention of the court before the hearing of the argument of the case, the court shall permit an amended affidavit or certificate to be filed correcting the error or omission. (1873-4, c. 60; Code, s. 553; 1889, c. 161; Rev., s. 597; 1907, c. 878; C.S., s. 649; 1937, c. 89; 1951, c. 837, s. 7; 1969, c. 44, s. 8; 1971, c. 268, s. 12; 1991, c. 563, s. 1; 1993, c. 435, s. 3; 1995, c. 536, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-290 - How judgment for personal property stayed.

§ 1-290. How judgment for personal property stayed.
If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment is not stayed by appeal, unless the things required to be assigned or delivered are brought into court, or placed in the custody of such officer or receiver as the court appoints, or unless an undertaking be entered into on the part of the appellant, by at least two sureties, and in such amount as the court or a judge thereof directs, to the effect that the appellant will obey the order of the appellate court upon the appeal. (C.C.P., s. 305; Code, s. 555; Rev., s. 599; C.S., s. 651.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-291 - How judgment directing conveyance stayed.

§ 1-291. How judgment directing conveyance stayed.
If the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment is not stayed by the appeal until the instrument has been executed and deposited with the clerk with whom the judgment is entered, to abide the judgment of the appellate court. (C.C.P., s. 306; Code, s. 556; Rev., s. 600; C.S., s. 652.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-292 - How judgment for real property stayed.

§ 1-292. How judgment for real property stayed.
If the judgment appealed from directs the sale or delivery of possession of real property, the execution is not stayed, unless a bond is executed on the part of the appellant, with one or more sureties, to the effect that, during his possession of such property, he will not commit, or suffer to be committed, any waste thereon, and that if the judgment is affirmed he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof pursuant to the judgment, not exceeding a sum to be fixed by a judge of the court by which judgment was rendered and which must be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of this deficiency. (C.C.P., s. 307; Code, s. 557; Rev., s. 601; C.S., s. 653.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-293 - Docket entry of stay.

§ 1-293. Docket entry of stay.
When an appeal from a judgment is pending, and the undertaking requisite to stay execution on the judgment has been given, and the appeal perfected, the court in which the judgment was recovered may, on special motion, after notice to the person owning the judgment, on such terms as it sees fit, direct an entry to be made by the clerk on the docket of such judgment, that the same is secured on appeal, and no execution can issue upon such judgment during the pendency of the appeal. (C.C.P., s. 254; Code, s. 435; 1887, c. 192; Rev., s. 621; C.S., s. 654.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-294 - Scope of stay; security limited for fiduciaries.

§ 1-294. Scope of stay; security limited for fiduciaries.
When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein, unless otherwise provided by the Rules of Appellate Procedure; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from. The court below may, in its discretion, dispense with or limit the security required, when the appellant is an executor, administrator, trustee, or other person acting in a fiduciary capacity. It may also limit such security to an amount not more than fifty thousand dollars ($50,000), where it would otherwise exceed that sum. (C.C.P., s. 308; Code, s. 558; Rev., s. 602; C.S., s. 655; 2015-25, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-295 - Undertaking in one or more instruments; served on appellee.

§ 1-295. Undertaking in one or more instruments; served on appellee.
The undertakings may be in one instrument or several, at the option of the appellant; and a copy, including the names and residences of the sureties, must be served on the adverse party, with the notice of appeal, unless the required deposit is made and notice thereof given. (C.C.P., s. 309; Code, s. 559; Rev., s. 603; C.S., s. 656.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-296 - Judgment not vacated by stay.

§ 1-296. Judgment not vacated by stay.
The stay of proceedings provided for in this Article shall not be construed to vacate the judgment appealed from, but in all cases such judgment remains in full force and effect, and its lien remains unimpaired, notwithstanding the giving of the undertaking or making the deposit required in this Chapter, until such judgment is reversed or modified by the appellate division. (1887, c. 192; Rev., s. 604; C.S., s. 657; 1969, c. 44, s. 9.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-297 - Judgment on appeal and on undertakings; restitution.

§ 1-297. Judgment on appeal and on undertakings; restitution.
Upon an appeal from a judgment or order, the appellate court may reverse, affirm or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties, and may, if necessary or proper, order a new trial. When the judgment is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment. Undertakings for the prosecution of appeals and on writs of certiorari shall make a part of the record sent up to the appellate division on which judgment may be entered against the appellant or person prosecuting the writ of certiorari and his sureties, in all cases where judgment is rendered against the appellant or person prosecuting the writ. (1785, c. 233, s. 2, P.R.; 1810, c. 793, P.R.; 1831, c. 46, s. 2; R.C., c. 4, s. 10; C.C.P., s. 314; Code, s. 563; Rev., s. 605; C.S., s. 658; 1969, c. 44, s. 10.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 27 - Appeal. › § 1-298 - Procedure after determination of appeal.

§ 1-298. Procedure after determination of appeal.
In civil cases, at the first session of the superior or district court after a certificate of the determination of an appeal is received, if the judgment is affirmed the court below shall direct the execution thereof to proceed, and if the judgment is modified, shall direct its modification and performance. If a new trial is ordered the cause stands in its regular order on the docket for trial at such first session after the receipt of the certificate from the Appellate Division. (1887, c. 192, s. 2; Rev., s. 1526; C.S., s. 659; 1969, c. 44, s. 11; 1971, c. 268, s. 13.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › 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. – This section applies to orders or judgments entered by the clerk of superior court in civil actions in which the clerk exercises the judicial powers of that office. If this section conflicts with a specific provision of the General Statutes, that specific provision of the General Statutes controls.
(b) Appeal of Clerk's Order or Judgment. – A party aggrieved by an order or judgment entered by the clerk may, within 10 days of entry of the order or judgment, appeal to the appropriate court for a trial or hearing de novo. The order or judgment of the clerk remains in effect until it is modified or replaced by an order or judgment of a judge. Notice of appeal shall be filed with the clerk in writing. Notwithstanding the service requirement of G.S. 1A-1, Rule 58, orders of the clerk shall be served on other parties only if otherwise required by law. A judge of the court to which the appeal lies or the clerk may issue a stay of the order or judgment upon the appellant's posting of an appropriate bond set by the judge or clerk issuing the stay.
(c) Duty of Judge on Appeal. – Upon appeal, the judge may hear and determine all matters in controversy in the civil action, unless it appears to the judge that any of the following apply:
(1) The matter is one that involves an action that can be taken only by a clerk.
(2) Justice would be more efficiently administered by the judge's disposing of only the matter appealed.
When either subdivision (1) or subdivision (2) of this subsection applies, the judge shall dispose of the matter appealed and remand the action to the clerk. When subdivision (1) of this subsection applies, the judge may order the clerk to take the action.
(d) Judge's Concurrent Authority Not Affected. – If both the judge and the clerk are authorized by law to enter an order or judgment in a matter in controversy, a party may seek to have the judge determine the matter in controversy initially. (Rev. s. 529; C.S., s. 558; 1971, c. 381, s. 12; 1999-216, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-302 - Judgment enforced by execution.

§ 1-302. Judgment enforced by execution.
Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution, as provided in this Article. Where it requires the performance of any other act a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer who is required thereby or by law to obey the same, and his obedience thereto enforced. If he refuses, he may be punished by the court as for contempt. (C.C.P., s. 257; Code, s. 441; Rev., s. 615; C.S., s. 663.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-303 - Kinds of; signed by clerk; when sealed.

§ 1-303. Kinds of; signed by clerk; when sealed.
There are three kinds of execution: one against the property of the judgment debtor, another against his person, and the third for the delivery of the possession of real or personal property, or such delivery with damages for withholding the same. They shall be deemed the process of the court, and shall be subscribed by the clerk, and when to run out of his county, must be sealed with the seal of his court. (C.C.P., s. 258; Code, s. 442; Rev., s. 616; C.S., s. 664.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-304 - Against married woman.

§ 1-304. Against married woman.
An execution may issue against a married woman, and it must direct the levy and collection of the amount of the judgment against her from her separate property, and not otherwise. (C.C.P., s. 259; Code, s. 443; Rev., s. 617; C.S., s. 665.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-305 - Clerk to issue, in six weeks; penalty; limitations on issuance.

§ 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance.
(a) Subject to the provisions of G.S. 1A-1 (Rule 62) and subsection (b) below, the clerk of superior court shall issue executions on all unsatisfied judgments entered in the clerk's court, which are in full force and effect, upon the request of any party or person entitled thereto and upon payment of the necessary fees; provided, however, that the clerks of the superior court shall issue executions on all judgments entered in their respective courts on forfeiture of bonds in criminal cases within six weeks of the entry of the judgment, without any request or any advance payment of fees. Every clerk who fails to comply with the requirements of this section is liable to be amerced in the sum of one hundred dollars ($100.00) for the benefit of the party aggrieved, under the same rules that are provided by law for amercing sheriffs, and is further liable to the party injured by suit upon the clerk's bond.
(b) The clerk may not issue an execution unless
(1) The judgment debtor's exemptions have been designated, or
(2) The judgment debtor has waived his exemptions as provided in G.S. 1C-1601(c), or
(3) The clerk determines that the exemptions are inapplicable to the particular claim as authorized by G.S. 1C-1603(a)(3). (1850, c. 17, ss. 1, 2, 3; R.C., c. 45, s. 29; Code, s. 470; Rev., s. 618; C.S., s. 666; 1953, c. 470; 1959, c. 1295; 1973, c. 1070, s. 1; 1981 (Reg. Sess., 1982), c. 1224, s. 15; 2010-96, s. 24(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-306 - Enforcement as of course.

§ 1-306. Enforcement as of course.
The party in whose favor judgment is given, and in case of the party's death, the party's personal representatives duly appointed, may at any time after the entry of judgment proceed to enforce it by execution, as provided in this Article. However, no execution upon any judgment which requires the payment of money may be issued at any time after ten years from the date of the entry thereof; but this proviso shall not apply to any execution issued solely for the purpose of enforcing the lien of a judgment upon any homestead, which has or shall hereafter be allotted within the ten years from the date of entry of the judgment, or any judgment directing the payment of alimony. Further, no execution upon any judgment which requires the recovery of personal property may be issued at any time after 10 years from the date of the entry of the judgment. (C.C.P., s. 255; Code, s. 437; Rev., s. 619; C.S., s. 667; 1927, c. 24; 1935, c. 98; 2010-96, s. 24(b).)