reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 16 - Magistrates. › § 7A-177 - Training course in duties of magistrate.

§ 7A-177. Training course in duties of magistrate.
(a) Within six months of taking the oath of office as a magistrate for the first time, a magistrate is required to attend and satisfactorily complete a course of basic training of at least 40 hours in the civil and criminal duties of a magistrate. The Administrative Office of the Courts is authorized to contract with the School of Government at the University of North Carolina at Chapel Hill or with any other qualified educational organization to conduct this training, and to reimburse magistrates for travel and subsistence expenses incurred in taking such training.
(b) Repealed by Session Laws 2021-146, s. 2, effective January 1, 2022.
(b1) Except for the calendar year in which a magistrate completes the course of basic training referenced in subsection (a) of this section, every magistrate shall annually and satisfactorily complete a course of in-service training consisting of at least 12 hours in the civil and criminal duties of a magistrate, including, but not limited to, the following subjects:
(1) Setting conditions of pretrial release.
(2) Impaired driving laws.
(3) Issuing criminal processes.
(4) Issuing search warrants.
(5) Technology.
(6) Orders of protection.
(7) Summary ejectment laws.
The Administrative Office of the Courts is authorized to conduct the training required by this subsection or contract with the School of Government at the University of North Carolina at Chapel Hill or with any other qualified educational organization to conduct this training. The training may be conducted in person or online. The Administrative Office of the Courts shall adopt policies for the implementation of this subsection. (1975, c. 956, s. 11; 1983 (Reg. Sess., 1984), c. 1116, s. 87; 2006-264, s. 29(a); 2007-393, s. 15; 2007-484, s. 25.5; 2008-187, s. 2; 2021-146, s. 2; 2022-47, s. 20(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 16 - Magistrates. › § 7A-178 - Magistrate as child support hearing officer.

§ 7A-178. Magistrate as child support hearing officer.
A magistrate who meets the qualifications of G.S. 50-39 and is properly designated pursuant to G.S. Chapter 50, Article 2, to serve as a child support hearing officer, may serve in that capacity and has the authority and responsibility assigned to child support hearing officers by Chapter 50. (1985 (Reg. Sess., 1986), c. 993, s. 2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 17 - Clerical Functions in the District Court. › § 7A-181 - Functions of assistant and deputy clerks of superior court in district court matters.

§ 7A-181. Functions of assistant and deputy clerks of superior court in district court matters.
Assistant and deputy clerks of superior court:
(1) Have the same powers and duties with respect to matters in the district court division as they have in the superior court division;
(2) Have the same powers as the clerk of superior court with respect to the issuance of warrants and acceptance of written appearances, waivers of trial and pleas of guilty; and
(3) Have the same power as the clerk of superior court to fix conditions of release in accordance with Chapter 15A, Article 26, Bail, and the same power as the clerk of superior court to conduct an initial appearance in accordance with Chapter 15A, Article 24, Initial Appearance. (1965, c. 310, s. 1; 1967, c. 691, s. 17; 1973, c. 503, s. 5; 1975, c. 166, s. 24; c. 626, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 17 - Clerical Functions in the District Court. › § 7A-182 - Clerical functions at additional seats of court.

§ 7A-182. Clerical functions at additional seats of court.
(a) In any county in which the General Assembly has authorized the district court to hold sessions at a place or places in addition to the county seat, the clerk of superior court shall furnish assistant and deputy clerks to the extent necessary to process efficiently the judicial business at such additional seat or seats of court. Only such records as are necessary for the expeditious processing of current judicial business shall be kept at the additional seat or seats of court. The office of the clerk of superior court at the county seat shall remain the permanent depository of official records.
(b) If an additional seat of a district court is designated for any municipality located in more than one county of a district, the clerical functions for that seat of court shall be provided by the clerks of superior court of the contiguous counties, in accordance with standing rules issued by the chief district judge, after consultation with the clerks concerned and a committee of the district bar appointed for this purpose. An assistant or deputy clerk assigned to a seat of district court described in this subsection shall have the same powers and authority as if he were acting in his own county. (1965, c. 310, s. 1; 1967, c. 691, s. 18; 1969, c. 1190, s. 15.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 17 - Clerical Functions in the District Court. › § 7A-183 - Clerk or assistant clerk as child support hearing officer.

§ 7A-183. Clerk or assistant clerk as child support hearing officer.
A clerk or assistant clerk of superior court who meets the qualifications of G.S. 50-39 and is properly designated pursuant to G.S. Chapter 50, Article 2, to serve as a child support hearing officer, may serve in that capacity and has the authority and responsibility assigned to child support hearing officers by Chapter 50. (1985 (Reg. Sess., 1986), c. 993, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-190 - District courts always open.

§ 7A-190. District courts always open.
The district courts shall be deemed always open for the disposition of matters properly cognizable by them. But all trials on the merits shall be conducted at trial sessions regularly scheduled as provided in this Chapter. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-191 - Trials; hearings and orders in chambers.

§ 7A-191. Trials; hearings and orders in chambers.
All trials on the merits and all hearings on infractions conducted pursuant to Article 66 of Chapter 15A shall be conducted in open court and so far as convenient in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers in the absence of the clerk or other court officials and at any place within the district; but no hearing may be held, nor order entered, in any cause outside the district in which it is pending without the consent of all parties affected thereby. (1965, c. 310, s. 1; 1985, c. 764, s. 11; 1985 (Reg. Sess., 1986), c. 852, s. 17.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-191.1 - Recording of proceeding in which defendant pleads guilty or no contest to felony in district court.

§ 7A-191.1. Recording of proceeding in which defendant pleads guilty or no contest to felony in district court.
The trial judge shall require that a true, complete, and accurate record be made of the proceeding in which a defendant pleads guilty or no contest to a Class H or I felony pursuant to G.S. 7A-272. (1995 (Reg. Sess., 1996), c. 725, s. 4.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-192 - By whom power of district court to enter interlocutory orders exercised.

§ 7A-192. By whom power of district court to enter interlocutory orders exercised.
Any district judge may hear motions and enter interlocutory orders in causes regularly calendared for trial or for the disposition of motions, at any session to which the district judge has been assigned to preside. The chief district judge and any district judge designated by written order or rule of the chief district judge, may in chambers hear motions and enter interlocutory orders in all causes pending in the district courts of the district, including causes transferred from the superior court to the district court under the provisions of this Chapter. The designation is effective from the time filed in the office of the clerk of superior court of each county of the district until revoked or amended by written order of the chief district judge. (1965, c. 310, s. 1; 1969, c. 1190, s. 16.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-193 - Civil procedure generally.

§ 7A-193. Civil procedure generally.
Except as otherwise provided in this Chapter, the civil procedure provided in Chapters 1 and 1A of the General Statutes applies in the district court division of the General Court of Justice. Where there is reference in Chapters 1 and 1A of the General Statutes to the superior court, it shall be deemed to refer also to the district court in respect of causes in the district court division. (1965, c. 310, s. 1; 1969, c. 1190, s. 17.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-196 - Jury trials.

§ 7A-196. Jury trials.
(a) In civil cases in the district court there shall be a right to trial by a jury of 12 in conformity with Rules 38 and 39 of the Rules of Civil Procedure.
(b) In criminal cases there shall be no jury trials in the district court. Upon appeal to superior court trial shall be de novo, with jury trial as provided by law.
(c) In adjudicatory hearings for infractions, there shall be no right to trial by jury in the district court. (1965, c. 310, s. 1; 1967, c. 954, s. 3; 1985, c. 764, s. 12; 1985 (Reg. Sess., 1986), c. 852, s. 17.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-197 - Petit jurors.

§ 7A-197. Petit jurors.
Unless otherwise provided in this Chapter, the provisions of Chapter 9 of the General Statutes with respect to petit jurors for the trial of civil actions in the superior court are applicable to the trial of civil actions in the district court. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 18 - District Court Practice and Procedure Generally. › § 7A-200 - District and set of districts defined; chief district court judges and their authority.

§ 7A-200. District and set of districts defined; chief district court judges and their authority.
(a) In this section:
(1) "District" means any district court district established by G.S. 7A-133 which consists exclusively of one or more entire counties;
(2) "Set of districts" means any set of two or more district court districts established under G.S. 7A-133, none of which consists exclusively of one or more entire counties, but both or all of which include territory from the same county or counties and together comprise all of the territory of that county or those counties; "set of districts" also means a set of three district court districts in one county, one consisting of the entire county and the other two consisting of parts of that county; and
(3) "Chief district court judge" means in the case of a set of districts, the chief district court judge for those districts, designated by the chief justice from among the district court judges for the districts in the set of districts.
(b) Whenever by law a duty is imposed upon the chief district court judge, it means for a set of districts the chief district court judge designated under subsection (a)(3) of this section. (1995, c. 507, s. 21.1(a); 2007-484, s. 25(c).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-210 - Small claim action defined.

§ 7A-210. Small claim action defined.
For purposes of this Article a small claim action is a civil action wherein:
(1) The amount in controversy, computed in accordance with G.S. 7A-243, does not exceed ten thousand dollars ($10,000); and
(2) The only principal relief prayed is monetary, or the recovery of specific personal property, or summary ejectment, or any combination of the foregoing in properly joined claims; and
(3) The plaintiff has requested assignment to a magistrate in the manner provided in this Article.
The seeking of the ancillary remedy of claim and delivery or an order from the clerk of superior court for the relinquishment of property subject to a lien pursuant to G.S 44A-4(a) does not prevent an action otherwise qualifying as a small claim under this Article from so qualifying. (1965, c. 310, s. 1; 1973, c. 1267, s. 1; 1979, c. 144, s. 1; 1981, c. 555, s. 1; 1985, c. 329; c. 655, s. 1; 1989, c. 311, s. 1; 1993, c. 107, s. 1; c. 553, s. 73(a); 1999-411, s. 1; 2004-128, s. 1; 2013-159, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-211 - Small claim actions assignable to magistrates.

§ 7A-211. Small claim actions assignable to magistrates.
In the interest of speedy and convenient determination, the chief district judge may, in his or her discretion, by specific order or general rule, assign to any magistrate of the district any small claim action pending in the district if the defendant is a resident of the county in which the magistrate was appointed. If there is more than one defendant, at least one of them must be a bona fide resident of the county in which the magistrate was appointed. (1965, c. 310, s. 1, 1967, c. 1165; 2022-47, s. 5(g).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-211.1 - Actions to enforce motor vehicle mechanic and storage liens.

§ 7A-211.1. Actions to enforce motor vehicle mechanic and storage liens.
Notwithstanding the provisions of G.S. 7A-210(2) and 7A-211, the chief district judge may in the chief district judge's discretion, by specific order or general rule, assign to any magistrate of the district actions to enforce motor vehicle mechanic and storage liens arising under G.S. 44A-2(d) or 20-77(d) when the claim arose in the county in which the magistrate was appointed. The defendant may be subjected to the jurisdiction of the court over his or her person by the methods provided in G.S. 7A-217 or 1A-1, Rules 4(j) and 4(j1), Rules of Civil Procedure. (1977, c. 86, s. 1; 1979, c. 602, s. 1; 2000-185, s. 1; 2022-47, s. 5(h).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-212 - Judgment of magistrate in civil action improperly assigned or not assigned.

§ 7A-212. Judgment of magistrate in civil action improperly assigned or not assigned.
No judgment of the district court rendered by a magistrate in a civil action assigned to him by the chief district judge is void, voidable, or irregular for the reason that the action is not one properly assignable to the magistrate under this article. The sole remedy for improper assignment is appeal for trial de novo before a district judge in the manner provided in this article. No judgment rendered by a magistrate in a civil action is valid when the action was not assigned to him by the chief district judge. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-213 - Procedure for commencement of action; request for and notice of assignment.

§ 7A-213. Procedure for commencement of action; request for and notice of assignment.
The plaintiff files his complaint in a small claim action in the office of the clerk of superior court of the county wherein the defendant, or one of the defendants resides. The designation "Small Claim" on the face of the complaint is a request for assignment. If, pursuant to order or rule, the action is assigned to a magistrate, the clerk issues a magistrate summons substantially in the form prescribed in this Article as soon as practicable after the assignment is made. The issuance of a magistrate summons commences the action. After service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting. (1965, c. 310, s. 1; 1969, c. 1190, s. 19; 1971, c. 377, s. 9.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-214 - Time within which trial is set.

§ 7A-214. Time within which trial is set.
The time for trial of a small claim action is set not later than 30 days after the action is commenced. Except in an action demanding summary ejectment, if the time set for trial is earlier than five days after service of the magistrate summons, the magistrate shall order a continuance. By consent of all parties the time for trial may be changed from the time set. For good cause shown, the magistrate to whom the action is assigned may grant continuances from time to time. (1965, c. 310, s. 1; 2009-359, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-215 - Procedure upon nonassignment of small claim action.

§ 7A-215. Procedure upon nonassignment of small claim action.
Failure of the chief district judge to assign a claim within five days after filing of a complaint requesting its assignment constitutes nonassignment. The chief district judge may sooner order nonassignment. Upon nonassignment, the clerk immediately issues summons in the manner and form provided for commencement of civil actions generally, whereupon process is served, return made, and pleadings are required to be filed in the manner provided for civil actions generally. Upon issuing civil summons, the clerk gives written notice of nonassignment to the plaintiff. The plaintiff within five days after notice of nonassignment, and the defendant before or with the filing of his answer, may request a jury trial. Failure within the times so limited to request a jury trial constitutes a waiver of the right thereto. Upon the joining of issue, the clerk places the action upon the civil issue docket for trial in the district court division. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-216 - Form of complaint.

§ 7A-216. Form of complaint.
The complaint in a small claim action shall be in writing, signed by the party or his attorney, except the complaint in an action for summary ejectment may be signed by an agent for the plaintiff. It need be in no particular form, but is sufficient if in a form which enables a person of common understanding to know what is meant. In any event, the forms prescribed in this Article are sufficient under this requirement, and are intended to indicate the simplicity and brevity of statement contemplated. Demurrers and motions to challenge the legal and formal sufficiency of a complaint in an assigned small claim action shall not be used. But at any time after its filing, the clerk, the chief district judge, or the magistrate to whom such an action is assigned may, on oral or written ex parte motion of the defendant, or on his own motion, order the plaintiff to perfect the statement of his claim before proceeding to its determination, and shall grant extensions of time to plead and continuances of trial pending any perfecting of statement ordered. (1965, c. 310, s. 1; 1971, c. 377, s. 10.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-217 - Methods of subjecting person of defendant to jurisdiction.

§ 7A-217. Methods of subjecting person of defendant to jurisdiction.
When by order or rule a small claim action is assigned to a magistrate, the court may obtain jurisdiction over the person of the defendant by the following methods:
(1) By delivering a copy of the summons and of the complaint to the defendant or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When the defendant is under any legal disability, the defendant may be subjected to personal jurisdiction only by personal service of process in the manner provided by G.S. 1A-1, Rule 4(j)(2).
(2) When the defendant is not under any legal disability, the defendant may be served by registered or certified mail, signature confirmation, or designated delivery service as provided in G.S. 1A-1, Rule 4(j). Proof of service is as provided in G.S. 1A-1, Rule 4(j2).
(3) When the defendant is under no legal disability, the defendant may be subjected to the jurisdiction of the court over the person of the defendant by written acceptance of service or by voluntary appearance.
(4) In summary ejectment cases only, service as provided in G.S. 42-29 is also authorized. (1965, c. 310, s. 1; 1969, c. 1190, s. 20; 1973, c. 90; 1983, c. 332, s. 3; 2011-332, s. 1.1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-218 - Answer of defendant.

§ 7A-218. Answer of defendant.
At any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of the allegations in the complaint, or pleading new matter in avoidance. No particular form is required, but it is sufficient if in a form to enable a person of common understanding to know the nature of the defense intended. A general denial of all the allegations of the complaint is permissible.
Failure of defendant to file a written answer after being subjected to the jurisdiction of the court over his person constitutes a general denial. (1965, c. 310, s. 1; 1967, c. 691, s. 20.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-219 - Certain counterclaims; cross claims; third-party claims not permissible.

§ 7A-219. Certain counterclaims; cross claims; third-party claims not permissible.
No counterclaim, cross claim or third-party claim which would make the amount in controversy exceed the jurisdictional amount established by G.S. 7A-210(1) is permissible in a small claim action assigned to a magistrate. No determination of fact or law in an assigned small claim action estops a party thereto in any subsequent action which, except for this section, might have been asserted under the Code of Civil Procedure as a counterclaim in the small claim action. Notwithstanding G.S. 1A-1, Rule 13, failure by a defendant to file a counterclaim in a small claims action assigned to a magistrate, or failure by a defendant to appeal a judgment in a small claims action to district court, shall not bar such claims in a separate action. (1965, c. 310, s. 1; 1973, c. 1267, s. 2; 1979, c. 144, s. 2; 1981, c. 555, s. 2; 1985, c. 329; 1989, c. 311, s. 2; 1993, c. 553, s. 73(b); 2005-423, s. 9.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-220 - No required pleadings other than complaint.

§ 7A-220. No required pleadings other than complaint.
There are no required pleadings in assigned small claim actions other than the complaint. Answers and counterclaims may be filed by the defendant in accordance with G.S. 7A-218 and G.S. 7A-219. Any new matter pleaded in avoidance in the answer is deemed denied or avoided. On appeal from the judgment of the magistrate for trial de novo before a district judge, the judge shall allow appropriate counterclaims, cross claims, third party claims, replies, and answers to cross claims, in accordance with G.S. 1A-1, et seq. (1965, c. 310, s. 1; 1987, c. 628.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-221 - Objections to venue and jurisdiction over person.

§ 7A-221. Objections to venue and jurisdiction over person.
By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of venue, or object to the jurisdiction of the court over his person. These motions or objections are heard on notice by the chief district judge or a district judge designated by order or rule of the chief district judge. Assignment to the magistrate is suspended pending determination of the objection, and the clerk gives notice of the suspension by any convenient means to the magistrate to whom the action has been assigned. All these objections are waived if not made prior to the date set for trial. If venue is determined to be improper, or is ordered changed, the action is transferred to the district court of the new venue, and is not thereafter assigned to a magistrate, but proceeds as in the case of civil actions generally. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-222 - General trial practice and procedure.

§ 7A-222. General trial practice and procedure.
(a) Trial of a small claim action before a magistrate is without a jury. The rules of evidence applicable in the trial of civil actions generally are observed. At the conclusion of plaintiff's evidence the magistrate may render judgment of dismissal if plaintiff has failed to establish a prima facie case. If a judgment of dismissal is not rendered the defendant may introduce evidence. At the conclusion of all the evidence the magistrate may render judgment or may in his discretion reserve judgment for a period not in excess of 10 days, except as provided in subsection (b) of this section.
(b) In a small claim action for summary ejectment, the magistrate shall render judgment on the same day on which the conclusion of all the evidence and submission of legal authorities occurs, unless the parties concur on an extension of additional time for entering the judgment and except for more complex summary ejectment cases, in which event the magistrate shall render judgment within five business days of the hearing. Complex summary ejectment cases include cases brought for criminal activity, breaches other than nonpayment of rent, evictions involving SECTION 8 of the Housing Act of 1937 (42 U.S.C. § 1437f) or public housing tenants, and cases with counterclaims.
(c) Notwithstanding G.S. 84-4, a party in a small claim action shall not be required to obtain legal representation. (1965, c. 310, s. 1; 1971, c. 377, s. 11; 2013-334, s. 1; 2017-143, s. 2(a).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-223 - Practice and procedure in small claim actions for summary ejectment.

§ 7A-223. Practice and procedure in small claim actions for summary ejectment.
(a) In any small claim action demanding summary ejectment or past due rent, or both, the complaint may be signed by an agent acting for the plaintiff who has actual knowledge of the facts alleged in the complaint. If a small claim action demanding summary ejectment is assigned to a magistrate, the practice and procedure prescribed for commencement, form and service of process, assignment, pleadings, and trial in small claim actions generally are observed, except that if the defendant by written answer denies the title of the plaintiff, the action is placed on the civil issue docket of the district court division for trial before a district judge. In such event, the clerk withdraws assignment of the action from the magistrate and immediately gives written notice of withdrawal, by any convenient means, to the plaintiff and the magistrate to whom the action has been assigned. The plaintiff, within five days after receipt of the notice, and the defendant, in his answer, may request trial by jury. Failure to request jury trial within the time limited is a waiver of the right to trial by jury.
(b) If either party in a small claim action for summary ejectment moves for a continuance, the magistrate shall render a decision on the motion in accordance with Rule 40(b) of the Rules of Civil Procedure. The magistrate shall not continue a matter for more than five days or until the next session of small claims court, whichever is longer, without the consent of both parties.
(b1) In any small claim action demanding summary ejectment and monetary damages, and where service of process has been achieved solely by first-class mail and affixing the summons and complaint to the premises pursuant to G.S. 42-29, the plaintiff, or an agent pursuant to subsection (a) of this section, may request that the claim for summary ejectment be severed from the claim for monetary damages. Upon a finding that personal service was not achieved for one or more defendants, the magistrate shall sever the claim for monetary damages and proceed with the claim for summary ejectment. If the magistrate severs the claim for monetary damages, the plaintiff may extend the action in accordance with G.S. 1A-1, Rule 4(d). The judgment of the magistrate in the severed claim for summary ejectment shall not prejudice the claims or defenses of any party in the severed claim for monetary damages.
(c) The Administrative Office of the Courts is directed to develop a form for parties in small claim actions for summary ejectment to inform them of the time line and process in summary ejectment actions. The clerk of superior court shall make the form available to the parties. (1965, c. 310, s. 1; 1967, c. 691, s. 21; 1971, c. 377, s. 12; 2013-334, ss. 2, 6; 2017-143, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-224 - Rendition and entry of judgment.

§ 7A-224. Rendition and entry of judgment.
Judgment in a small claim action is rendered in writing and signed by the magistrate. The judgment so rendered is a judgment of the district court, and is recorded and indexed as are judgments of the district and superior court generally. Entry is made as soon as practicable after rendition. (1965, c. 310, s. 1; 1969, c. 1190, s. 21.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-225 - Lien and execution of judgment.

§ 7A-225. Lien and execution of judgment.
From the time of docketing, the judgment rendered by a magistrate in a small claim action constitutes a lien and is subject to execution in the manner provided in Chapter 1, Article 28, of the General Statutes. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-226 - Priority of judgment when appeal taken.

§ 7A-226. Priority of judgment when appeal taken.
When appeal is taken from a judgment in a small claim action, the lien acquired by docketing merges into any judgment rendered after trial de novo on appeal, continues as a lien from the first docketing, and has priority over any judgment docketed subsequent to the first docketing. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-227 - Stay of execution on appeal.

§ 7A-227. Stay of execution on appeal.
Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed by order of the clerk of superior court upon petition by the appellant accompanied by undertaking in writing, executed by one or more sufficient sureties approved by the clerk, to the effect that if judgment be rendered against appellant the sureties will pay the amount thereof with costs awarded against the appellant. Appeal from judgment of a magistrate does stay execution if the judgment is for money damages. This section shall not require any undertaking of appellants in summary ejectment actions other than those imposed by Chapter 42 of the General Statutes. (1965, c. 310, s. 1; 1967, c. 24, s. 1; 1977, c. 844; 1979, c. 820, s. 9.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-229 - Trial de novo on appeal.

§ 7A-229. Trial de novo on appeal.
Upon appeal noted, the clerk of superior court places the action upon the civil issue docket of the district court division. The district judge before whom the action is tried may order repleading or further pleading by some or all of the parties; may try the action on stipulation as to the issue; or may try it on the pleadings as filed. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-230 - Jury trial on appeal.

§ 7A-230. Jury trial on appeal.
The appellant in his written notice of appeal may demand a jury on the trial de novo. Within 10 days after receipt of the notice of appeal stating that the costs of the appeal have been paid, any appellee by written notice served on all parties and on the clerk of superior court may demand a jury on the trial de novo. (1965, c. 310, s. 1; 1981, c. 599, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 19 - Small Claim Actions in District Court. › § 7A-231 - Provisional and incidental remedies.

§ 7A-231. Provisional and incidental remedies.
The provisional and incidental remedies of claim and delivery, subpoena duces tecum, production of documents and orders for the relinquishment of property subject to a possessory lien pursuant to G.S. 44A-4(a) are obtainable in small claims actions. The practice and procedure provided therefor in respect of civil actions generally is observed, conformed as may be required. No other provisional or incidental remedies are obtainable while the action is pending before the magistrate. (1965, c. 310, s. 1; 1985, c. 655, s. 3.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-240 - Original civil jurisdiction generally.

§ 7A-240. Original civil jurisdiction generally.
Except for the original jurisdiction in respect of claims against the State which is vested in the Supreme Court, original general jurisdiction of all justiciable matters of a civil nature cognizable in the General Court of Justice is vested in the aggregate in the superior court division and the district court division as the trial divisions of the General Court of Justice. Except in respect of proceedings in probate and the administration of decedents' estates, the original civil jurisdiction so vested in the trial divisions is vested concurrently in each division. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-241 - Original jurisdiction in probate and administration of decedents' estates.

§ 7A-241. Original jurisdiction in probate and administration of decedents' estates.
Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division, and is exercised by the superior courts and by the clerks of superior court as ex officio judges of probate according to the practice and procedure provided by law. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-242 - Concurrently held original jurisdiction allocated between trial divisions.

§ 7A-242. Concurrently held original jurisdiction allocated between trial divisions.
For the efficient administration of justice in respect of civil matters as to which the trial divisions have concurrent original jurisdiction, the respective divisions are constituted proper or improper for the trial and determination of specific actions and proceedings in accordance with the allocations provided in this Article. But no judgment rendered by any court of the trial divisions in any civil action or proceeding as to which the trial divisions have concurrent original jurisdiction is void or voidable for the sole reason that it was rendered by the court of a trial division which by such allocation is improper for the trial and determination of the civil action or proceeding. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-243 - Proper division for trial of civil actions generally determined by amount in controversy.

§ 7A-243. Proper division for trial of civil actions generally determined by amount in controversy.
Except as otherwise provided in this Article, the district court division is the proper division for the trial of all civil actions in which the amount in controversy is twenty-five thousand dollars ($25,000) or less; and the superior court division is the proper division for the trial of all civil actions in which the amount in controversy exceeds twenty-five thousand dollars ($25,000).
For purposes of determining the amount in controversy, the following rules apply whether the relief prayed is monetary or nonmonetary, or both, and with respect to claims asserted by complaint, counterclaim, cross-complaint or third-party complaint:
(1) The amount in controversy is computed without regard to interest and costs.
(2) Where monetary relief is prayed, the amount prayed for is in controversy unless the pleading in question shows to a legal certainty that the amount claimed cannot be recovered under the applicable measure of damages. The value of any property seized in attachment, claim and delivery, or other ancillary proceeding, is not in controversy and is not considered in determining the amount in controversy.
(3) Where no monetary relief is sought, but the relief sought would establish, enforce, or avoid an obligation, right or title, the value of the obligation, right, or title is in controversy. Where the owner or legal possessor of property seeks recovery of property on which a lien is asserted pursuant to G.S. 44A-4(a) the amount in controversy is that portion of the asserted lien which is disputed. The judge may require by rule or order that parties make a good faith estimate of the value of any nonmonetary relief sought.
(4) a. Except as provided in subparagraph c of this subdivision, where a single party asserts two or more properly joined claims, the claims are aggregated in computing the amount in controversy.
b. Except as provided in subparagraph c, where there are two or more parties properly joined in an action and their interests are aligned, their claims are aggregated in computing the amount in controversy.
c. No claims are aggregated which are mutually exclusive and in the alternative, or which are successive, in the sense that satisfaction of one claim will bar recovery upon the other.
d. Where there are two or more claims not subject to aggregation the highest claim is the amount in controversy.
(5) Where the value of the relief to a claimant differs from the cost thereof to an opposing party, the higher amount is used in determining the amount in controversy. (1965, c. 310, s. 1; 1981 (Reg. Sess., 1982), c. 1225; 1985, c. 655, s. 2; 2013-159, s. 2.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-244 - Domestic relations.

§ 7A-244. Domestic relations.
The district court division is the proper division without regard to the amount in controversy, for the trial of civil actions and proceedings for annulment, divorce, equitable distribution of property, alimony, child support, child custody and the enforcement of separation or property settlement agreements between spouses, or recovery for the breach thereof. (1965, c. 310, s. 1; 1981, c. 815, s. 5; 1987, c. 573, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-245 - Injunctive and declaratory relief to enforce or invalidate statutes; constitutional rights.

§ 7A-245. Injunctive and declaratory relief to enforce or invalidate statutes; constitutional rights.
(a) The superior court division is the proper division without regard to the amount in controversy, for the trial of civil actions where the principal relief prayed is
(1) Injunctive relief against the enforcement of any statute, ordinance, or regulation;
(2) Injunctive relief to compel enforcement of any statute, ordinance, or regulation;
(3) Declaratory relief to establish or disestablish the validity of any statute, ordinance, or regulation; or
(4) The enforcement or declaration of any claim of constitutional right.
(b) When a case is otherwise properly in the district court division, a prayer for injunctive or declaratory relief by any party not a plaintiff on grounds stated in this section is not ground for transfer. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-246 - Special proceedings; exceptions; guardianship and trust administration.

§ 7A-246. Special proceedings; exceptions; guardianship and trust administration.
The superior court division is the proper division, without regard to the amount in controversy, for the hearing and trial of all special proceedings except proceedings under the Protection of the Abused, Neglected or Exploited Disabled Adult Act (Article 6 of Chapter 108A of the General Statutes), proceedings for the protection of disabled and older adults from financial exploitation (Article 6A of Chapter 108A of the General Statutes), proceedings for involuntary commitment to treatment facilities (Article 5 of Chapter 122C of the General Statutes), adoption proceedings (Chapter 48 of the General Statutes), and of all proceedings involving the appointment of guardians and the administration by legal guardians and trustees of express trusts of the estates of their wards and beneficiaries, according to the practice and procedure provided by law for the particular proceeding. (1965, c. 310, s. 1; 1973, c. 726, s. 5; c. 1378, s. 3; 1981, c. 682, s. 1; 1985, c. 689, s. 4; 1995, c. 88, s. 7; 2014-115, s. 44(c).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-247 - Quo warranto.

§ 7A-247. Quo warranto.
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all civil actions seeking as principal relief the remedy of quo warranto, according to the practice and procedure provided for obtaining that remedy. (1965, c. 310, s. 1; 1971, c. 377, s. 13.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-248 - Condemnation actions and proceedings.

§ 7A-248. Condemnation actions and proceedings.
The superior court division is the proper division, without regard to the amount in controversy, for the trial of all actions and proceedings wherein property is being taken by condemnation in exercise of the power of eminent domain, according to the practice and procedure provided by law for the particular action or proceeding. Nothing in this section is in derogation of the validity of such administrative or quasi-judicial procedures for value appraisal as may be provided for the particular action or proceeding prior to the raising of justiciable issues of fact or law requiring determination in the superior court. (1965, c. 310, s. 1.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-249 - Corporate receiverships.

§ 7A-249. Corporate receiverships.
The superior court division is the proper division, without regard to the amount in controversy, for a receivership proceeding of a debtor that is not an individual under Article 38A of Chapter 1 of the General Statutes, and proceedings under Chapters 55 (North Carolina Business Corporation Act) and 55A (Nonprofit Corporation Act), and 57D (North Carolina Limited Liability Company Act) of the General Statutes. (1965, c. 310, s. 1; 1973, c. 503, s. 6; 1989 (Reg. Sess., 1990), c. 1024, s. 3; 2020-75, s. 3(d).)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-250 - Review of decisions of administrative agencies.

§ 7A-250. Review of decisions of administrative agencies.
(a) Except as otherwise provided in subsections (b) and (c) of this section, the superior court division is the proper division, without regard to the amount in controversy, for review by original action or proceeding, or by appeal, of the decisions of administrative agencies, according to the practice and procedure provided for the particular action, proceeding, or appeal.
(b) The Court of Appeals shall have jurisdiction to review final orders or decisions of the North Carolina Utilities Commission and the North Carolina Industrial Commission, as provided in Article 5 of this Chapter, and any order or decision of the Commissioner of Insurance described in G.S. 58-2-80.
(c) Appeals from rulings of county game commissions shall be heard in the district court division. The appeal shall be heard de novo before a district court judge sitting in the county in which the game commission whose ruling is being appealed is located. (1965, c. 310, s. 1; 1967, c. 108, s. 6; 1973, c. 503, s. 7; 1981, c. 444.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-251 - Appeal from clerk to judge.

§ 7A-251. Appeal from clerk to judge.
(a) In all matters properly cognizable in the superior court division which are heard originally before the clerk of superior court, appeals lie to the judge of superior court having jurisdiction from all orders and judgments of the clerk for review in all matters of law or legal inference, in accordance with the procedure provided in Chapter 1 of the General Statutes.
(b) In all matters properly cognizable in the district court division which are heard originally before the clerk of superior court, appeals lie to the judge of district court having jurisdiction from all orders and judgments of the clerk for review in all matters of law or legal inference, in accordance with the procedure provided in Chapter 1 of the General Statutes. (1965, c. 310, s. 1; 1995, c. 88, s. 8.)
2023 North Carolina General Statutes › Chapter 7A - Judicial Department › Article 20 - Original Civil Jurisdiction of the Trial Divisions. › § 7A-253 - Infractions.

§ 7A-253. Infractions.
Except as provided in G.S. 7A-271(d), original, exclusive jurisdiction for the adjudication and disposition of infractions lies in the district court division. (1985, c. 764, s. 14; 1985 (Reg. Sess., 1986), c. 852, s. 17.)