reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions. › § 7A-255 - Clerk of superior court processes all actions and proceedings.

§ 7A-255. Clerk of superior court processes all actions and proceedings.
All civil actions and proceedings in the General Court of Justice are instituted in, and the original records thereof are maintained in, the office of the clerk of superior court, without regard to the trial divisions in which the cause is pending from time to time. When the commencement of an action or proceeding requires issuance of summons, the clerk of superior court issues the summons, and such summons runs and is valid as general process of the State without regard to the trial division in which the action or proceeding may be pending from time to time. (1965, c. 310, s. 1; 1967, c. 691, s. 22.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions. › § 7A-256 - Causes docketed and retained in originally designated trial division until transferred.

§ 7A-256. Causes docketed and retained in originally designated trial division until transferred.
Upon the institution of any action or proceeding in the General Court of Justice the party instituting it designates upon the face of the originating pleading or other originating paper when filed, which trial division of the General Court of Justice he deems proper for disposition of the cause. The clerk dockets the cause for the trial division so designated and the cause is retained for complete disposition in that division unless thereafter transferred in accordance with the provisions of this Article. If no designation is made the clerk dockets the cause for the superior court division, and the cause is retained for complete disposition in that division unless thereafter transferred in accordance with the provisions of this Article. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions. › § 7A-257 - Waiver of proper division.

§ 7A-257. Waiver of proper division.
Any party may move for transfer between the trial divisions as provided in this Article. Failure of a party to move for transfer within the time prescribed is a waiver of any objection to the division, except that there shall be no waiver of the jurisdiction of the superior court division in probate of wills and administration of decedents' estates. Where more than one party is aligned in interest, any party may move for transfer of the entire case, notwithstanding waiver by other parties or coparties. A waiver of objection to the division does not prevent the judge from ordering a transfer on his own motion as provided in this Article. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions. › § 7A-259 - Transfer on judge's own motion.

§ 7A-259. Transfer on judge's own motion.
(a) If no party has moved for transfer within the time allowed to parties, any superior court judge who may hear and determine motions to transfer may order a transfer upon his own motion for the purpose of efficient administration of the trial divisions at any time before the case is calendared for trial. Transfer is not made on the judge's own motion unless the pleadings clearly show that the case is pending in an improper division. No hearing is held on such transfers, but the parties are given prompt notice when transfer is effected. Nothing in this section affects the power of the clerk to transfer matters and proceedings pending before him when an issue of fact is raised.
(b) When a district court is established in a district, any superior court judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the district court cases pending in the superior court. (1965, c. 310, s. 1; 1967, c. 691, s. 23.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 21 - Institution, Docketing, and Transferring Civil Causes in the Trial Divisions. › § 7A-260 - Review of transfer matters.

§ 7A-260. Review of transfer matters.
Orders transferring or refusing to transfer are not immediately appealable, even for abuse of discretion. Such orders are reviewable only by the appellate division on appeal from a final judgment. If on review, such an order is found erroneous, reversal or remand is not granted unless prejudice is shown. If, on review, a new trial or partial new trial is ordered for other reasons, the appellate division may specify the proper division for new trial and order a transfer thereto. (1965, c. 310, s. 1; 1967, c. 108, s. 7.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 22 - Jurisdiction of the Trial Divisions in Criminal Actions. › § 7A-274 - Power of mayors, law-enforcement officers, etc., to issue warrants and set bail restricted.

§ 7A-274. Power of mayors, law-enforcement officers, etc., to issue warrants and set bail restricted.
The power of mayors, law-enforcement officers, and other persons not officers of the General Court of Justice to issue arrest, search, or peace warrants, or to set bail, is terminated in any district court district upon the establishment of a district court therein. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 22A - Prohibited Orders. › § 7A-276.1 - Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned.

§ 7A-276.1. Court orders prohibiting publication or broadcast of reports of open court proceedings or reports of public records banned.
No court shall make or issue any rule or order banning, prohibiting, or restricting the publication or broadcast of any report concerning any of the following: any evidence, testimony, argument, ruling, verdict, decision, judgment, or other matter occurring in open court in any hearing, trial, or other proceeding, civil or criminal; and no court shall issue any rule or order sealing, prohibiting, restricting the publication or broadcast of the contents of any public record as defined by any statute of this State, which is required to be open to public inspection under any valid statute, regulation, or rule of common law. If any rule or order is made or issued by any court in violation of the provisions of this statute, it shall be null and void and of no effect, and no person shall be punished for contempt for the violation of any such void rule or order. (1977, c. 711, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 25 - Jurisdiction and Procedure in Criminal Appeals from District Courts. › § 7A-290 - Appeals from district court in criminal cases; notice; appeal bond.

§ 7A-290. Appeals from district court in criminal cases; notice; appeal bond.
Any defendant convicted in district court before the magistrate may appeal to the district court for trial de novo before the district court judge. Any defendant convicted in district court before the judge may appeal to the superior court for trial de novo. Notice of appeal may be given orally in open court, or to the clerk in writing within 10 days of entry of judgment. Upon expiration of the 10-day period in which an appeal may be entered, if an appeal has been entered and not withdrawn, the clerk shall transfer the case to the district or superior court docket. The original bail shall stand pending appeal, unless the judge orders bail denied, increased, or reduced. (1965, c. 310, s. 1; 1967, c. 601, s. 1; 1969, c. 876, s. 3; c. 911, s. 5; c. 1190, s. 26; 1971, c. 377, s. 16.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 26 - Additional Powers of District Court Judges and Magistrates. › § 7A-291 - Additional powers of district court judges.

§ 7A-291. Additional powers of district court judges.
In addition to the jurisdiction and powers assigned in this Chapter, a district court judge has the following powers:
(1) To administer oaths;
(2) To punish for contempt;
(3) To compel the attendance of witnesses and the production of evidence;
(4) To set bail;
(5) To issue arrest warrants valid throughout the State, and search warrants valid throughout the district of issue; and
(6) To issue all process and orders necessary or proper in the exercise of his powers and authority, and to effectuate his lawful judgments and decrees. (1965, c. 310, s. 1; 1969, c. 1190, s. 27; 1973, c. 1286, s. 11.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 26 - Additional Powers of District Court Judges and Magistrates. › § 7A-292 - Additional powers of magistrates.

§ 7A-292. Additional powers of magistrates.
(a) In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil and criminal actions, each magistrate has the following additional powers:
(1) To administer oaths.
(2) To punish for direct criminal contempt subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina.
(3) When authorized by the chief district judge, to take depositions and examinations before trial.
(4) To issue subpoenas and capiases valid throughout the county.
(5) To take affidavits for the verification of pleadings.
(6) To issue writs of habeas corpus ad testificandum, as provided in G.S. 17-41.
(7) To assign a year's allowance to the surviving spouse and a child's allowance to the children as provided in Chapter 30, Article 4, of the General Statutes.
(8) To take acknowledgments of instruments, as provided in G.S. 47-1.
(9) To perform the marriage ceremony, as provided in G.S. 51-1.
(10) To take acknowledgment of a written contract or separation agreement between husband and wife.
(11) Repealed by Session Laws 1973, c. 503, s. 9.
(12) To assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156-15.
(13) Repealed by Session Laws 1973, c. 503, s. 9.
(14) To accept the filing of complaints and to issue summons pursuant to Article 4 of Chapter 42A of the General Statutes in expedited eviction proceedings when the office of the clerk of superior court is closed.
(15) When authorized by the chief district judge, as permitted in G.S. 7A-146(11), to provide for appointment of counsel and acceptance of waivers of counsel pursuant to Article 36 of this Chapter.
(16) To appoint an umpire to determine motor vehicle liability policy diminution in value, as provided in G.S. 20-279.21(d1).
(b) The authority granted to magistrates under G.S. 51-1 and subdivision (a)(9) of this section is a responsibility given collectively to the magistrates in a county and is not a duty imposed upon each individual magistrate. The chief district court judge shall ensure that marriages before a magistrate are available to be performed at least a total of 10 hours per week, over at least three business days per week. (1965, c. 310, s. 1; 1967, c. 691, s. 25; 1971, c. 377, s. 17; 1973, c. 503, s. 9; 1977, c. 375, s. 4; 1979, 2nd Sess., c. 1080, s. 6; 1994, Ex. Sess., c. 4, s. 4; 1999-420, s. 4; 1999-456, s. 9(a), (b); 2009-419, s. 1; 2009-440, s. 2; 2009-566, s. 28; 2009-570, s. 48.2; 2015-75, s. 4; 2015-247, s. 3(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 26 - Additional Powers of District Court Judges and Magistrates. › § 7A-293 - Special authority of a magistrate assigned to a municipality located in more than one county of a district court district.

§ 7A-293. Special authority of a magistrate assigned to a municipality located in more than one county of a district court district.
A magistrate assigned to an incorporated municipality, the boundaries of which lie in more than one county of a district court district, may, in criminal matters, exercise the powers granted by G.S. 7A-273 as if the corporate limits plus the territory embraced within a distance of one mile in all directions therefrom were located wholly within the magistrate's county of appointment. Appeals from a magistrate exercising the authority granted by this section shall be taken in the district court in the county in which the offense was committed. A magistrate exercising the special authority granted by this section shall transmit all records, reports, and monies collected to the clerk of the superior court of the county in which the offense was committed. In addition, if a magistrate is assigned to an incorporated municipality, the boundaries of which lie in two or more district court districts, the magistrate may exercise the powers described in this section as if the counties were in the same district court district, if the clerks of superior court and the chief district court judges serving the districts in which the municipality is located agree in writing that the exercise of this special authority would promote the administration of justice in the municipality and in the districts. However, if a magistrate is assigned to an incorporated municipality, the boundaries of which lie in four or more counties, each of which is in a separate district court district, the magistrate may exercise the powers described in this section as if all the counties were in the same district court district, without the necessity of such an agreement between the clerks and judges of the affected counties, and the records, reports, and monies collected in connection with the exercise of that authority shall be transmitted to the clerk of the superior court district for the county in which the offense was committed. (1967, c. 691, s. 26; 1989, c. 795, s. 23(c1); 2009-398, s. 2; 2022-47, s. 5(f).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 27 - Expenses of the Judicial Department. › § 7A-300 - Expenses paid from State funds.

§ 7A-300. Expenses paid from State funds.
(a) The operating expenses of the Judicial Department shall be paid from State funds, out of appropriations for this purpose made by the General Assembly, or from funds provided by local governments pursuant to G.S. 7A-300.1, 153A-212.1, or 160A-289.1. The Administrative Office of the Courts shall prepare budget estimates to cover the following expenses, including therein the following items and such other items as are deemed necessary for the proper functioning of the Judicial Department:
(1) Salaries, departmental expense, printing and other costs of the appellate division.
(2) Salaries and expenses of superior court judges, district attorneys, assistant district attorneys, public defenders, and assistant public defenders, and fees and expenses of counsel assigned to represent indigents under the provisions of Subchapter IX of this Chapter.
(3) Salaries, travel expenses, departmental expense, printing and other costs of the Administrative Office of the Courts.
(4) Salaries and travel expenses of district judges, magistrates, and family court counselors.
(5) Salaries and travel expenses of clerks of superior court, their assistants, deputies, and other employees, and the expenses of their offices, including supplies and materials, postage, telephone and telegraph, bonds and insurance, equipment, and other necessary items.
(6) Fees and travel expenses of jurors, and of witnesses required to be paid by the State.
(7) Compensation and allowances of court reporters.
(8) Briefs for counsel and transcripts and other records for adequate appellate review when an appeal is taken by an indigent person.
(9) Transcripts of preliminary hearings in indigency cases and, in cases in which the defendant pays for a transcript of the preliminary hearing, a copy for the district attorney.
(10) Transcript of the evidence and trial court charge furnished the district attorney when a criminal action is appealed to the appellate division.
(11) All other expenses arising out of the operations of the Judicial Department which by law are made the responsibility of the State.
(12) Operating expenses of the Judicial Standards Commission.
(b) Repealed by Session Laws 1971, c. 377, s. 32. (1965, c. 310, s. 1; 1967, c. 108, s. 9; c. 1049, s. 5; 1969, c. 1013, s. 2; 1971, c. 377, ss. 18, 21; 1973, c. 47, s. 2; c. 503, ss. 10, 11; 2000-67, s. 15.4(c); 2010-31, s. 29.7(a); 2022-47, s. 21(b); 2022-74, s. 16.3(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 27 - Expenses of the Judicial Department. › § 7A-300.1 - Local supplementation of salaries for certain officers and employees.

§ 7A-300.1. Local supplementation of salaries for certain officers and employees.
(a) In order to attract and retain the best qualified officers and employees for positions in the Judicial Branch of government, the Administrative Office of the Courts may contract with the governing body of a city or county for the provision of local funds to supplement the salaries of Judicial Department employees, other than elected officials and magistrates, who serve the superior court district, district court district, or prosecutorial district containing that unit of local government. Any employee who receives salary supplementation under this section shall be notified before receiving it that the supplementation is subject to the availability of local funds, may be discontinued at any time, and is not "compensation" for purposes of the Teachers' and State Employees' Retirement System or the Consolidated Judicial Retirement System.
(b) This section applies only to (i) cities with a population of 300,000 or more according to the most recent estimate of the Office of State Budget and Management and (ii) counties with a population of 300,000 or over according to the most recent estimate of the Office of State Budget and Management. (2010-31, s. 29.7(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 27 - Expenses of the Judicial Department. › § 7A-301 - Disbursement of expenses.

§ 7A-301. Disbursement of expenses.
The salaries and expenses of all personnel in the Judicial Department and other operating expenses shall be paid out of the State treasury upon warrants duly drawn thereon, except that the Administrative Office of the Courts and the Department of Administration, with the approval of the State Auditor, may establish alternative procedures for the prompt payment of juror fees, witness fees, and other small expense items. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 27 - Expenses of the Judicial Department. › § 7A-302 - Counties and municipalities responsible for physical facilities.

§ 7A-302. Counties and municipalities responsible for physical facilities.
In each county in which a district court has been established, courtrooms, office space for juvenile court counselors and support staff as assigned by the Division of Juvenile Justice of the Department of Public Safety, and related judicial facilities (including furniture), as defined in this Subchapter, shall be provided by the county, except that courtrooms and related judicial facilities may, with the approval of the administrative Officer of the Courts, after consultation with county and municipal authorities, be provided by a municipality in the county. To assist a county or municipality in meeting the expense of providing courtrooms and related judicial facilities, a part of the costs of court, known as the "facilities fee," collected for the State by the clerk of superior court, shall be remitted to the county or municipality providing the facilities. (1965, c. 310, s. 1; 1998-202, s. 15; 2000-137, s. 4(a); 2007-323, s. 14.16; 2008-107, s. 29.8(f); 2011-145, s. 19.1(l); 2017-186, s. 2(c); 2021-180, s. 19C.9(z).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 27 - Expenses of the Judicial Department. › § 7A-303 - Equipment and supplies in clerk's office.

§ 7A-303. Equipment and supplies in clerk's office.
Upon the establishment of the district court in any county, supplies and all equipment in the office of the clerk of superior court shall become the property of the State. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-305.1 - Discovery, fee on filing verified petition.

§ 7A-305.1. Discovery, fee on filing verified petition.
When discovery procedures under Rule 27 of the Rules of Civil Procedure are utilized, the sum of twenty dollars ($20.00) shall be assessed and collected by the clerk at the time of the filing of the verified petition. If a civil action is subsequently initiated, the twenty dollars ($20.00) shall be credited against costs in the civil action. (1971, c. 377, s. 22.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-308.1 - Fees on deposits and investments.

§ 7A-308.1. Fees on deposits and investments.
On all funds received by the clerk by virtue or color of his office and deposited pursuant to G.S. 7A-112.1 or invested pursuant to G.S. 7A-112, one or both of the fees provided for in this section shall be assessed and collected as follows:
(1) On all funds deposited by the clerk in an interest bearing checking account pursuant to G.S. 7A-112.1, a fee of four percent (4%) of each principal amount so deposited shall be assessed and collected, subject to the following conditions:
a. The fee shall be collected from interest earnings only and shall not exceed the amount of the interest earnings on any principal amount so deposited, or seven hundred fifty dollars ($750.00), whichever is less;
b. All fees collected pursuant to this subsection shall be paid to the county as court facilities fees and used as prescribed in G.S. 7A-304(a)(2);
c. All interest earnings in excess of the prescribed fee shall be remitted to the beneficial owner or owners of any principal amount when that amount is withdrawn and distributed by the clerk; and
d. If any principal amount is withdrawn from the checking account and invested pursuant to G.S. 7A-112, any interest in excess of the prescribed clerk's fee which is invested with the principal amount shall be included in the fund upon which the fee provided for in subdivision (2) is computed.
(2) On all funds to be invested by the clerk pursuant to G.S. 7A-112, a fee equal to five percent (5%) of each fund shall be assessed and collected, subject to the following conditions:
a. The fee shall be charged and deducted from each fund before the fund is invested, and only the balance shall be invested;
b. Over the life of an account, the fees charged on the initial funds and all funds subsequently placed with the clerk for that account shall not exceed the investment earnings on the account or one thousand dollars ($1,000), whichever is less;
c. All fees collected pursuant to this subsection shall be remitted to the State Treasurer for the support of the General Court of Justice; and
d. Any fees charged in excess of the cumulative investment earnings on an account shall be refunded and all investment earnings in excess of the prescribed fee shall be remitted to the beneficial owner or owners when all funds in that account are finally withdrawn and distributed by the clerk. (1989, c. 783, s. 5.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-309 - Magistrate's special fees.

§ 7A-309. Magistrate's special fees.
The following special fees shall be collected by the magistrate and remitted to the clerk of superior court for the use of the State in support of the General Court of Justice:
(1) Performing marriage ceremony $50.00
(2) Hearing petition for year's allowance to surviving spouse or child, issuing notices to commissioners, allotting the same,
and making return 20.00
(3) Taking a deposition 10.00
(4) Proof of execution or acknowledgment of any instrument 2.00
(5) Performing any other statutory function not incident to a civil
or criminal action $ 2.00.
(1965, c. 310, s. 1; 1973, c. 503, s. 17; 1983, c. 713, s. 19; 2002-126, s. 29A.10(a); 2019-243, s. 11(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-310 - Fees of commissioners and assessors appointed by magistrate.

§ 7A-310. Fees of commissioners and assessors appointed by magistrate.
Any person appointed by a magistrate as a commissioner or assessor, and who shall serve, shall be paid the sum of two dollars ($2.00), to be taxed as a part of the bill of costs of the proceeding. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-312 - Uniform fees for jurors; meals.

§ 7A-312. Uniform fees for jurors; meals.
(a) A juror in the General Court of Justice including a petit juror, or a coroner's juror, but excluding a grand juror, shall receive twelve dollars ($12.00) for the first day of service and twenty dollars ($20.00) per day afterwards, except that if any person serves as a juror for more than five days in any 24-month period, the juror shall receive forty dollars ($40.00) per day for each day of service in excess of five days. A grand juror shall receive twenty dollars ($20.00) per day. A juror required to remain overnight at the site of the trial shall be furnished adequate accommodations and subsistence. If required by the presiding judge to remain in a body during the trial of a case, meals shall be furnished the jurors during the period of sequestration. Jurors from out of the county summoned to sit on a special venire shall receive mileage at the same rate as State employees. Persons summoned as jurors shall be exempt during their period of service from paying a ferry toll required under G.S. 136-82 to travel to and from their homes and the site of that service.
(b) Notwithstanding subsection (a) of this section, the Administrative Office of the Courts may select a judicial district to operate a pilot program in which a juror may waive payment of the per diem fees provided for in that subsection. A juror waiving the fee may designate that the fee be used for any of the following services, if such services are provided in the district: (i) client treatment and service programs associated with a drug treatment or DWI treatment court program; (ii) courthouse self-help centers; (iii) courthouse child care centers; (iv) legal aid programs operated by a nonprofit corporation operating within the district; and (v) the Crime Victims Compensation Fund. If no such services are provided within the district, then waived fees are transferred to the Crime Victims Compensation Fund. (1965, c. 310, s. 1; 1967, c. 1169; 1969, c. 1190, s. 32; 1971, c. 377, s. 26; 1973, c. 503, s. 19; 1979, c. 985; 1983, c. 881, ss. 2, 3; 1989, c. 646, s. 2; 1995, c. 324, ss. 21.1(a), (c); 2006-66, s. 14.17; 2006-187, s. 9; 2007-393, s. 16; 2012-180, s. 13.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-313 - Uniform jail fees.

§ 7A-313. Uniform jail fees.
Persons who are lawfully confined in jail awaiting trial shall be liable to the county or municipality maintaining the jail in the sum of ten dollars ($10.00) for each 24 hours' confinement, or fraction thereof, except that a person so confined shall not be liable for this fee if the case or proceeding against him is dismissed, or if acquitted, or if judgment is arrested, or if probable cause is not found, or if the grand jury fails to return a true bill.
Persons who are ordered to pay jail fees pursuant to a probationary sentence shall be liable to the county or municipality maintaining the jail at the same per diem rate paid by the Division of Prisons of the Department of Adult Correction to local jails for maintaining a prisoner, as set by the General Assembly in its appropriations acts. (1965, c. 310, s. 1; 1969, c. 1190, s. 33; 1973, c. 503, s. 20; 1975, c. 444; 1989, c. 733, s. 1; 2000-109, s. 5; 2000-140, s. 104; 2011-145, ss. 19.1(h), 31.26(e); 2011-192, s. 7(n); 2017-186, s. 2(d); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-313.1 - Fee for costs of electronic monitoring.

§ 7A-313.1. Fee for costs of electronic monitoring.
A county that provides the personnel, equipment, and other costs of providing electronic monitoring as a condition of an offender's bond or pretrial release may collect a fee from the offender that is the lesser of the amount of the jail fee authorized in G.S. 7A-313 or the actual cost of providing the electronic monitoring. A county may not collect a fee from an offender who is determined to be indigent and entitled to court-appointed counsel. (2011-378, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-314.1 - Family court fees.

§ 7A-314.1. Family court fees.
(a) The Administrative Office of the Courts may charge a uniform fee of not more than fifty dollars ($50.00) per hour to persons receiving the services of a supervised visitation and exchange center through a family court program. The fees collected under this section may be used by the Director of the Administrative Office of the Courts to support the continued operation of supervised visitation and exchange centers which provide services to family court clients regarding domestic violence, substance abuse, mental illness, parental alienation, and other issues.
(b) The Director of the Administrative Office of the Courts may establish a procedure for persons to apply for a reduction in the fee, based upon the person's ability to pay as a result of indigence, status as a victim of domestic violence, or other circumstances. (2004-110, s. 7.1; 2013-304, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-315 - Liability of State for witness fees in criminal cases when defendant not liable.

§ 7A-315. Liability of State for witness fees in criminal cases when defendant not liable.
In a criminal action, if no prosecuting witness is designated by the court as liable for the costs, and the defendant is acquitted, or convicted and unable to pay, or a nolle prosequi is entered, or judgment is arrested, or probable cause is not found, or the grand jury fails to return a true bill, the State shall be liable for the witness fees allowed per G.S. 7A-314 and any expenses for blood tests and comparisons incurred per G.S. 8-50.1(a). (1965, c. 310, s. 1; 1979, c. 576, s. 4.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-316 - Payment of witness fees in criminal actions.

§ 7A-316. Payment of witness fees in criminal actions.
A witness in a criminal action who is entitled to a witness fee and who proves his attendance prior to assessment of the bill of costs shall be paid by the clerk from State funds and the amount disbursed shall be assessed in the bill of costs. When the State is liable for the fee, a witness who proves his attendance not later than the last day of court in the week in which the trial was completed shall be paid by the clerk from State funds. If more than two witnesses shall be subpoenaed, bound over, or recognized, to prove a single material fact, disbursements to such additional witnesses shall be charged against the party issuing or requesting the subpoena. (1965, c. 310, s. 1; 1971, c. 377, s. 28.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-317 - Counties and municipalities required to advance costs and fees.

§ 7A-317. Counties and municipalities required to advance costs and fees.
(a) Counties and municipalities required to advance pay all costs and fees due to the court at the time of filing. The clerk of superior court may consent to allow the county or municipality to pay all costs and fees within 45 days of the date of the filing of any action in lieu of paying costs and fees at the time of filing.
(b) The clerk of superior court shall withhold all facilities fees due to be remitted to a county or municipality when the county or municipality does not pay costs and fees due to the court within 90 days of the date of filing any action. (1967, c. 691, s. 35; 2007-323, s. 30.10(d); 2008-193, ss. 1-3; 2013-225, s. 5.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-317.1 - Disposition of fees in counties with unincorporated seats of court.

§ 7A-317.1. Disposition of fees in counties with unincorporated seats of court.
Notwithstanding any other provision of this Article, if a municipality listed in G.S. 7A-133 as an additional seat of district court is not incorporated, the arrest, facilities, and jail fees which would ordinarily accrue thereto, shall instead accrue to the county in which the unincorporated municipality is located. (1969, c. 1190, s. 34 1/2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-318 - Determination and disbursement of costs on and after date district court established.

§ 7A-318. Determination and disbursement of costs on and after date district court established.
(a) On and after the date that the district court is established in a judicial district, costs in every action, proceeding or other matter pending in the General Court of Justice in that district, shall be assessed as provided in this Article, unless costs have been finally assessed according to prior law. In computing costs as provided in this section, the parties shall be given credit for any fees, costs, and commissions paid in the pending action, proceeding or other matter, before the district court was established in the district, except that no refunds are authorized.
(b) In the administration of estates, costs shall be considered finally assessed according to prior law when they have been assessed at the time of the filing of any inventory, account, or other report. Costs at any filing on or after the date the district court is established in a judicial district shall be assessed as provided in this Article.
(c) When the General Court of Justice fee and the facilities fee are assessed as provided in this Article and credit is given for fees, costs, and commissions paid before the district court was established in the district, the actual amount thereafter received by the clerk shall be remitted to the State for the support of the General Court of Justice.
(d) When costs have been finally assessed according to prior law, but come into the hands of the clerk after the district court is established in the district, funds so received shall be disbursed according to prior law.
(e) Cost funds in the hands of the clerk at the time the district court is established shall be disbursed according to prior law. (1965, c. 310, s. 1; 1967, c. 691, s. 35.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-320 - Costs are exclusive.

§ 7A-320. Costs are exclusive.
The costs set forth in this Article are complete and exclusive, and in lieu of any other costs and fees. (1983, c. 713, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 28 - Uniform Costs and Fees in the Trial Divisions. › § 7A-321 - Collection of offender fines and fees assessed by the court; collection assistance fee.

§ 7A-321. Collection of offender fines and fees assessed by the court; collection assistance fee.
(a) The Judicial Department may, in lieu of payment by cash or check, accept payment by credit card, charge card, or debit card for the fines, fees, and costs owed to the courts by offenders.
(b) In attempting to collect the fines, fees, costs, and restitution owed by offenders not sentenced to supervised probation or active time, the Administrative Office of the Courts may do the following:
(1) Assess a collection assistance fee if an amount due remains unpaid for 30 days after the time period allotted by the court. The amount of the collection assistance fee shall not exceed the average cost of collecting the debt or twenty percent (20%) of the amount past due, whichever is less.
(2) Enter into contracts with a collection agency, agencies, or municipal or county government agencies to collect unpaid amounts owed. The Administrative Office of the Courts may provide by such contract for the collection assistance fee to be retained by the agency or agencies that collect the amounts owed.
(3) Intercept tax refund checks under Chapter 105A of the General Statutes, the Setoff Debt Collection Act.
(c) Repealed by Session Laws 2011-323, s. 1, effective July 1, 2011, and applicable to cases adjudicated on or after that date.
(d) The court shall retain a collection assistance fee in the amount of ten percent (10%) of any cost or fee collected by the Department pursuant to this Article or Chapter 20 of the General Statutes and remitted to an agency of the State or any of its political subdivisions, other than a cost or fee listed in this subsection. The court shall remit the collection assistance fee to the State Treasurer for the support of the General Court of Justice.
The collection assistance fee shall not be retained from the following:
(1) Costs and fees designated by law for remission to or use by an agency or program of the Judicial Department or for support of the General Court of Justice.
(2) Costs and fees designated by law for remission to the General Fund.
(3) Costs and fees designated by law for remission to the Statewide Misdemeanant Confinement Fund. (2006-187, s. 1(a); 2007-323, s. 30.9(a); 2009-451, s. 15.20(m); 2009-575, s. 14; 2011-145, s. 31.26(f1); 2011-192, ss. 7(n), 7(p); 2011-323, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-340 - Administrative Office of the Courts; establishment; officers.

§ 7A-340. Administrative Office of the Courts; establishment; officers.
There is hereby established a State office to be known as the Administrative Office of the Courts. It shall be supervised by a Director, assisted by an assistant director. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-341 - Appointment and compensation of Director.

§ 7A-341. Appointment and compensation of Director.
The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at the pleasure of the Chief Justice. The Director's annual compensation shall be the same salary amount set for the Chief Judge of the Court of Appeals as provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay at the rates and for the service designated in G.S. 7A-18 for a judge of the Court of Appeals. Service as Director shall be equivalent to service as a judge of the Court of Appeals for the purposes of entitlement to retirement pay or to retirement for disability. (1965, c. 310, s. 1; 1967, c. 691, s. 36; 1983 (Reg. Sess., 1984), c. 1034, s. 165; 1987 (Reg. Sess., 1988), c. 1100, s. 15(a); 2015-241, s. 30.3(f).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-342 - Appointment and compensation of assistant director and other employees.

§ 7A-342. Appointment and compensation of assistant director and other employees.
The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure. The assistant director shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay at the rates and for the service designated in G.S. 7A-144(b) for a judge of the district court.
The Director may appoint such other assistant and employees as are necessary to enable him to perform the duties of his office. (1965, c. 310, s. 1; 1967, c. 691, s. 37; 1983 (Reg. Sess., 1984), c. 1034, s. 165; 1987 (Reg. Sess., 1988), c. 1100, s. 15(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.1 - Distribution of copies of the appellate division reports.

§ 7A-343.1. Distribution of copies of the appellate division reports.
(a) The Administrative Officer of the Courts shall, upon request and at the State's expense, distribute such number of copies of the appellate division reports to federal, State departments and agencies, and to educational institutions of instruction, as follows:
Attorney General 5
Utilities Commission 1
Industrial Commission 1
Office of Administrative Hearings 2
Archives and History, Division of 1
Legislative Building Library 2
Justices of the Supreme Court 1 ea.
Judges of the Court of Appeals 1 ea.
Judges of the Superior Court 1 ea.
Clerks of the Superior Court 1 ea.
District Attorneys 1 ea.
Supreme Court of North Carolina Library AS MANY AS
REQUESTED
Appellate Division Reporter 1
University of North Carolina School of Law 5
North Carolina Central University School of Law 5
Duke University School of Law 5
Wake Forest University School of Law 5
Elon University School of Law 5
Campbell University School of Law 5
United States Department of Justice 1
Library of Congress 1
Federal Judges resident in North Carolina 1 ea.
Librarian, Supreme Court of the United States 1
United States Attorneys resident in North Carolina 1 ea.
Supreme Court Library exchange list 1
Cherokee Supreme Court, Eastern Band of
Cherokee Indians 3
The copies of reports furnished to each justice of the Supreme Court and judge of the Court of Appeals as set out in the table above may be retained personally by the justice or judge.
(b) A recipient listed in subsection (a) of this section may choose not to receive its copies of the appellate division reports, or choose to receive fewer than the number of copies allotted to it, by notifying the Administrative Officer of the Courts in writing. Should the recipient again wish to receive its full allotment of the appellate division reports, the recipient shall notify the Administrative Officer of the Courts in writing, and the Administrative Officer of the Courts may, in his or her discretion, resume distribution to the recipient. (1973, c. 476, s. 84; 1977, c. 379, s. 2; c. 771, s. 4; 1979, c. 899, s. 1; 1979, 2nd Sess., c. 1278; 1985 (Reg. Sess., 1986), c. 1022, s. 2; 1987, c. 877, s. 1; 1989, c. 727, s. 218(1); 1993, c. 257, s. 19; 1995, c. 166, s. 1; c. 509, s. 4; 1997-261, s. 109; 1997-443, s. 11A.7; 1998-202, s. 4(a); 2000-137, s. 4(b); 2001-280, s. 1; 2011-145, ss. 19.1(g), 19.1(dd); 2011-401, s. 3.1; 2013-382, s. 9.1(c); 2015-40, s. 1; 2015-241, ss. 14.30(s), (u); 2017-186, s. 2(e); 2018-40, s. 5.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.2 - Court Information Technology Fund.

§ 7A-343.2. Court Information Technology Fund.
(a) Fund. – The Court Information Technology Fund is established within the Judicial Department as a special revenue fund. Interest and other investment income earned by the Fund accrues to it. The Fund consists of the following revenues:
(1) All monies collected by the Director pursuant to G.S. 7A-109(d) and G.S. 7A-49.5.
(2) State judicial facilities fees credited to the Fund under G.S. 7A-304 through G.S. 7A-307.
(b) Use. – Money in the Fund derived from State judicial facilities fees must be used to upgrade, maintain, and operate the judicial and county courthouse telecommunications and data connectivity. All other monies in the Fund must be used to supplement funds otherwise available to the Judicial Department for court information technology and office automation needs.
(c) Report. – The Director must report annually by August 1 of each year to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and the Chairs of the Senate and House Appropriations Subcommittees on Justice and Public Safety. The report must include the following:
(1) Amounts credited in the preceding fiscal year to the Fund.
(2) Amounts expended in the preceding fiscal year from the Fund and the purposes of the expenditures.
(3) Proposed expenditures of the monies in the Fund. (1999-237, s. 17.15(b); 2000-67, s. 15.1; 2006-187, s. 2(d); 2008-107, s. 29.8(e); 2009-570, s. 2; 2014-100, s. 18B.1(b); 2015-241, s. 18A.23(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.3 - Appellate Courts Printing and Computer Operations Fund.

§ 7A-343.3. Appellate Courts Printing and Computer Operations Fund.
The Appellate Courts Printing and Computer Operations Fund is established within the Judicial Department as a nonreverting, interest-bearing special revenue account. Accordingly, interest and other investment income earned by the Fund shall be credited to it. All moneys collected through charges to litigants for document management and the reproduction of appellate records and briefs under G.S. 7A-11 and G.S. 7A-20(b) shall be remitted to the State Treasurer and held in this Fund. Moneys in the Fund shall be used to support the document management shop operations of the Supreme Court and the Court of Appeals, including personnel, maintenance, and capital costs. The Judicial Department may create and maintain receipt-supported positions for these purposes but shall report to the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety prior to creating such new positions. (2002-126, s. 14.12; 2015-40, s. 8; 2021-180, s. 16.12(b).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 29 - Administrative Office of the Courts. › § 7A-343.4 - Internal audit standards; report and work papers.

§ 7A-343.4. Internal audit standards; report and work papers.
(a) Internal audits shall comply with current Standards for the Professional Practice of Internal Auditing issued by the Institute for Internal Auditors and, when appropriate, Government Auditing Standards issued by the Comptroller General of the United States.
(b) Except as otherwise provided in this section, the Internal Audit Division shall maintain all audit reports, examinations, investigations, surveys, drafts, work papers, and all other documents prepared by the internal auditors in accordance with the North Carolina Court System's Rules of Recordkeeping and Records Retention and Disposition Schedule (the Rules). Except as provided in this section, or upon an order issued in Wake County Superior Court upon 10 days' notice and hearing finding that access is necessary to a proper administration of justice, audit work papers, drafts, and all audit documents other than the final audit report are available only to the Internal Audit Division, the Director, the Chief Financial Officer, Legal Services, and other persons in the internal auditor's discretion for the limited purpose of ensuring the accuracy and reliability of the final audit report. Pertinent work papers and other supportive material related to issued audit reports may be, at the discretion of the internal auditor and unless otherwise prohibited by law, made available for inspection by duly authorized representatives of the State and federal government who desire access to and inspection of such records in connection with some matter officially before them, including criminal investigations.
(c) Where the professional guidelines, government standards, and the Rules fail to specify or are in conflict, the Rules shall govern. (2009-516, s. 5.)