reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 7A - Application of Foreign Law. › § 1-87.15 - Interpretation of contracts providing for choice of foreign law.

§ 1-87.15. Interpretation of contracts providing for choice of foreign law.
(a) In the interpretation or enforcement by a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of State law of any contract or other agreement that provides for the choice of a foreign law to govern its interpretation or the resolution of any claim or dispute, the court or administrative agency shall preserve the fundamental constitutional rights of natural persons who are parties to the contract or other agreement.
(b) If enforcement of any provision in a contract or other agreement for the choice of foreign law would result in a violation of a fundamental constitutional right of one or more of the natural persons who are parties to the contract or other agreement, the agreement or contract shall be modified or amended to the extent necessary to preserve the fundamental constitutional rights of the natural persons. (2013-416, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 7A - Application of Foreign Law. › § 1-87.16 - Interpretation of contracts providing for choice of foreign venue or forum.

§ 1-87.16. Interpretation of contracts providing for choice of foreign venue or forum.
If the enforcement of any provision in a contract or other agreement providing for a choice of a foreign venue or forum would result in a violation of a fundamental constitutional right of one or more of the natural persons who are parties to the contract or other agreement, that provision shall be modified or amended to the extent necessary to preserve the fundamental constitutional rights of the natural persons. (2013-416, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 7A - Application of Foreign Law. › § 1-87.17 - Motions to transfer proceedings to a foreign venue or forum.

§ 1-87.17. Motions to transfer proceedings to a foreign venue or forum.
If a natural person subject to personal jurisdiction in this State seeks to maintain a litigation proceeding, arbitration proceeding, or other similarly binding proceeding in this State, and if a court of this State finds that granting a motion by another party to the proceeding to transfer the proceeding to a foreign venue or forum would likely lead to the violation of a fundamental constitutional right of the natural person who is the nonmovant in the foreign forum with respect to the matter in dispute, the motion shall be denied. (2013-416, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 7A - Application of Foreign Law. › § 1-87.18 - Contracts not capable of modification to preserve fundamental constitutional rights void.

§ 1-87.18. Contracts not capable of modification to preserve fundamental constitutional rights void.
Any provision in a contract or other agreement incapable of being modified or amended pursuant to this Article in order to preserve the fundamental constitutional rights of the natural persons who are parties to the contract or agreement shall be null and void. (2013-416, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 7A - Application of Foreign Law. › § 1-87.19 - Strict construction of waivers of constitutional rights.

§ 1-87.19. Strict construction of waivers of constitutional rights.
Nothing in this Article shall be interpreted to limit the right of natural persons voluntarily to restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, any ambiguity in the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of natural persons in this State. (2013-416, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 8 - Summons. › § 1-105.1 - Service on residents who establish residence outside the State and on residents who depart from the State.

§ 1-105.1. Service on residents who establish residence outside the State and on residents who depart from the State.
The provisions of G.S. 1-105 of this Chapter shall also apply to a resident of the State at the time of the accident or collision who establishes residence outside the State subsequent to the accident or collision and to a resident of the State at the time of the accident or collision who departs from the State subsequent to the accident or collision and remains absent therefrom for 60 days or more, continuously whether such absence is intended to be temporary or permanent. (1955, c. 232; 1967, c. 954, s. 4; 1971, c. 420, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 8 - Summons. › § 1-108 - Defense after judgment set aside.

§ 1-108. Defense after judgment set aside.
If a judgment is set aside pursuant to Rule 60(b) or (c) of the Rules of Civil Procedure and the judgment or any part thereof has been collected or otherwise enforced, such restitution may be compelled as the court directs. Title to property sold under such judgment to a purchaser in good faith is not thereby affected. No fiduciary officer or trustee who has made distribution of a fund under such judgment in good faith is personally liable if the judgment is changed by reason of such defense made after its rendition; nor in case the judgment was rendered for the partition of land, and any persons receiving any of the land in such partition sell it to a third person; the title of such third person is not affected if such defense is successful, but the redress of the person so defending after judgment shall be had by proper judgment against the parties to the original judgment and their heirs and personal representatives, and in no case affects persons who in good faith have dealt with such parties or their heirs or personal representatives on the basis of such judgment being permanent. (C.C.P., s. 85; Code, s. 220; Rev., s. 449; 1917, c. 68; C.S., s. 492; 1943, cc. 228, 543; 1947, c. 817, s. 2; 1949, c. 256; 1967, c. 954, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 9 - Prosecution Bonds. › § 1-109 - Bond required of plaintiff for costs.

§ 1-109. Bond required of plaintiff for costs.
At any time after the issuance of summons, the clerk or judge, upon motion of the defendant, may, upon a showing of good cause, require the plaintiff to do one of the following things and the failure to comply with such order within 30 days from the date thereof shall constitute grounds for dismissal of such civil action or special proceeding:
(1) Give an undertaking with sufficient surety in the sum of two hundred dollars, with the condition that it will be void if the plaintiff pays the defendant all costs which the latter recovers of him in the action.
(2) Deposit two hundred dollars ($200.00) with him as security to the defendant for these costs, in which event the clerk must give to the plaintiff and defendant all costs which the latter recovers of him in the action.
(3) File a copy of an order from a superior or district court judge or clerk of a superior court authorizing the plaintiff to sue as an indigent.
The requirements of this section shall not apply to the State of North Carolina or any of its agencies, commissions or institutions, or to counties, drainage districts, cities and towns; provided, further, that the State of North Carolina or any of its agencies, commissions or institutions, and counties, drainage districts, cities and towns may institute civil actions and special proceedings without being required to give a prosecution bond or make deposit in lieu of bond. (R.C., c. 31, s. 40; C.C.P., s. 71; Code, s. 209; Rev., s. 450; C.S., s. 493; 1935, c. 398; 1949, c. 53; 1955, c. 10, s. 1; 1957, c. 563; 1961, c. 989; 1971, c. 268, s. 3; 1993, c. 435, s. 4; 1999-106, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 9 - Prosecution Bonds. › § 1-110 - Suit as an indigent; counsel; suits filed pro se by prison inmates.

§ 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates.
(a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of the superior court may authorize a person to sue as an indigent in their respective courts when the person makes affidavit that he or she is unable to advance the required court costs. The clerk of superior court shall authorize a person to sue as an indigent if the person makes the required affidavit and meets one or more of the following criteria:
(1) Receives electronic food and nutrition benefits.
(2) Receives Work First Family Assistance.
(3) Receives Supplemental Security Income (SSI).
(4) Is represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent persons.
(5) Is represented by private counsel working on the behalf of or under the auspices of a legal services organization under subdivision (4) of this section.
(6) Repealed by Session Laws 2002-126, s. 29A.6(d), effective October 1, 2002.
A superior or district court judge or clerk of superior court may authorize a person who does not meet one or more of these criteria to sue as an indigent if the person is unable to advance the required court costs. The court to which the summons is returnable may dismiss the case and charge the court costs to the person suing as an indigent if the allegations contained in the affidavit are determined to be untrue or if the court is satisfied that the action is frivolous or malicious.
(b) Whenever a motion to proceed as an indigent is filed pro se by an inmate in the custody of the Division of Prisons of the Department of Adult Correction, the motion to proceed as an indigent and the proposed complaint shall be presented to any superior court judge of the judicial district. This judge shall determine whether the complaint is frivolous. In the discretion of the court, a frivolous case may be dismissed by order. The clerk of superior court shall serve a copy of the order of dismissal upon the prison inmate. If the judge determines that the inmate may proceed as an indigent, the clerk of superior court shall issue service of process nunc pro tunc to the date of filing upon the defendant. (C.C.P., s. 72; 1868-9, c. 96, s. 2; Code, ss. 210, 211; Rev., ss. 451, 452; C.S., s. 494; 1971, c. 268, s. 4; 1993, c. 435, s. 1; 1995, c. 102, s. 1; 1995 (Reg. Sess., 1996), c. 591, s. 4; 1997-443, s. 12.22; 2002-126, s. 29A.6(d); 2007-97, s. 1; 2011-145, s. 19.1(h); 2017-158, s. 19; 2017-186, s. 2(a); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 9 - Prosecution Bonds. › § 1-111 - Defendant's, for costs and damages in actions for land.

§ 1-111. Defendant's, for costs and damages in actions for land.
In all actions for the recovery or possession of real property, the defendant, before he is permitted to plead, must execute and file in the office of the clerk of the superior court of the county where the suit is pending an undertaking with sufficient surety, in an amount fixed by the court, not less than two hundred dollars ($200.00), to be void on condition that the defendant pays to the plaintiff all costs and damages which the latter recovers in the action, including damages for the loss of rents and profits. (1869-70, c. 193; Code, s. 237; Rev., s. 453; C.S., s. 495.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 9 - Prosecution Bonds. › § 1-112 - Defense without bond.

§ 1-112. Defense without bond.
(a) The undertaking prescribed in G.S. 1-111 is not necessary if an attorney practicing in the court where the action is pending certifies to the court in writing that he has examined the case of the defendant and is of the opinion that the plaintiff is not entitled to recover; and if the defendant also files an affidavit stating that he is unable to give and is not worth the amount of the undertaking in any property whatsoever.
(b) An undertaking shall not be required in any summary ejectment action brought pursuant to Articles 3 or 7 of Chapter 42 of the General Statutes. (1869-70, c. 193; Code, s. 237; Rev., s. 454; C.S., s. 496; 1997-473, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 10 - Joint and Several Debtors. › § 1-113 - Defendants jointly or severally liable.

§ 1-113. Defendants jointly or severally liable.
Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows:
(1) If the action is against defendants jointly indebted upon contract, he may proceed against the defendants served, unless the court otherwise directs, and if he recovers judgment it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all and the separate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served.
(2) If the action is against defendants severally liable, he may proceed against the defendants served, in the same manner as if they were the only defendants.
(3) If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action has been against them or any of them alone.
(4) If the name of one or more partners has, for any cause, been omitted in an action in which judgment has been rendered against the defendants named in the summons, and the omission was not pleaded in action, the plaintiff, in case the judgment remains unsatisfied, may by action recover of such partner separately, upon proving his joint liability, notwithstanding he was not named in the original action; but the plaintiff may have satisfaction of only one judgment rendered for the same cause of action. (C.C.P., s. 87; Code, s. 222; Rev., s. 455; C.S., s. 497.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 10 - Joint and Several Debtors. › § 1-114 - Summoned after judgment; defense.

§ 1-114. Summoned after judgment; defense.
When a judgment is recovered against one or more of several persons jointly indebted upon a contract in accordance with the preceding section [§ 1-113], those who were not originally summoned to answer the complaint may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned. A party so summoned may answer within the time specified denying the judgment, or setting up any defense thereto which has arisen subsequent to such judgment; and may make any defense which he might have made to the action if the summons had been served on him originally. (C.C.P., ss. 318, 322; Code, ss. 223, 224; Rev., ss. 456, 457; C.S., s. 498.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-116 - Filing of notice of suit.

§ 1-116. Filing of notice of suit.
(a) Any person desiring the benefit of constructive notice of pending litigation must file a separate, independent notice thereof, which notice shall be cross-indexed in accordance with G.S. 1-117, in all of the following cases:
(1) Actions affecting title to real property.
(2) Actions to foreclose any mortgage or deed of trust or to enforce any lien on real property.
(3) Actions in which any order of attachment is issued and real property is attached.
(4) Actions seeking injunctive relief under G.S. 113A-64.1 or G.S. 113A-65 regarding sedimentation and erosion control for any land-disturbing activity that is subject to the requirements of Article 4 of Chapter 113A of the General Statutes.
(5) Actions for asset freezing or seizure under G.S. 14-112.3.
(b) Notice of pending litigation shall contain:
(1) The name of the court in which the action has been commenced or is pending;
(2) The names of the parties to the action;
(3) The nature and purpose of the action; and
(4) A description of the property to be affected thereby.
(c) Notice of pending litigation may be filed:
(1) At or any time after the commencement of an action pursuant to Rule 3 of the Rules of Civil Procedure; or
(2) At or any time after real property has been attached; or
(3) At or any time after the filing of an answer or other pleading in which the pleading party states an affirmative claim for relief falling within the provisions of subsection (a) of this section.
(d) Notice of pending litigation must be filed with the clerk of the superior court of each county in which any part of the real estate is located, not excepting the county in which the action is pending, in order to be effective against bona fide purchasers or lien creditors with respect to the real property located in such county. (C.C.P., s. 90; Code, s. 229; Rev., s. 460; 1917, c. 106; C.S., s. 500; 1949, c. 260; 1959, c. 1163, s. 1; 1967, c. 954, s. 3; 2009-269, s. 1; 2015-182, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-116.1 - Service of notice.

§ 1-116.1. Service of notice.
In all actions as defined in G.S. 1-116 in which notice of pendency of the action is filed, a copy of such notice shall be served on the other party or parties as follows:
(1) If filed by the plaintiff at or after service of summons but before the filing of the complaint, service shall be in the manner provided in Rule 4 of the Rules of Civil Procedure for service of summons.
(2) If filed by the plaintiff at or after the filing of the complaint, service shall be in the same manner as the complaint.
(3) All other such notices shall be served in the manner provided in Rule 5 of the Rules of Civil Procedure. (1949, c. 260; 1967, c. 954, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-117 - Cross-index of lis pendens.

§ 1-117. Cross-index of lis pendens.
Every notice of pending litigation filed under this Article shall be cross-indexed by the clerk of the superior court in a record, called the "Record of Lis Pendens," to be kept by the clerk under G.S. 7A-109. (1903, c. 472; Rev., s. 464; 1919, c. 31; C.S., s. 501; 1959, c. 1163, s. 2; 2017-102, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-118 - Effect on subsequent purchasers.

§ 1-118. Effect on subsequent purchasers.
From the cross-indexing of the notice of lis pendens only is the pendency of the action constructive notice to a purchaser or incumbrancer of the property affected thereby; and every person whose conveyance or incumbrance is subsequently executed or subsequently registered is a subsequent purchaser or incumbrancer, and is bound by all proceedings taken after the cross-indexing of the notice to the same extent as if he were made a party to the action. For the purposes of this section an action is pending from the time of cross-indexing the notice. (C.C.P., s. 90; Code, s. 229; Rev., s. 462; 1919, c. 31; C.S., s. 502.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-119 - Notice void unless action prosecuted.

§ 1-119. Notice void unless action prosecuted.
(a) The notice of lis pendens is of no avail unless it is followed by the first publication of notice of the summons or by an affidavit therefor pursuant to Rule 4 (j)(1)c of the Rules of Civil Procedure or by personal service on the defendant within 60 days after the cross-indexing.
(b) When an action is commenced by the issuance of summons and permission is granted to file the complaint within 20 days, pursuant to Rule 3 of the Rules of Civil Procedure, if the complaint is not filed within the time fixed by the order of the clerk, the notice of lis pendens shall become inoperative and of no effect. The clerk may on his own motion and shall on the ex parte application of any interested party cancel such notice of lis pendens by appropriate entry on the records, which entry shall recite the failure of the plaintiff to file his complaint within the time allowed. Such applications for cancellation, when made in a county other than that in which the action was instituted, shall include a certificate over the hand and seal of the clerk of the county in which the action was instituted that the plaintiff did not file his complaint within the time allowed. The fees of the clerk may be recovered against the plaintiff and his surety.
(c) Notwithstanding subsections (a) and (b) of this section, a notice of lis pendens filed pursuant to G.S. 1-116(a)(5) shall remain effective until the order to freeze or seize assets under G.S. 14-112.3(b1)(3) is terminated or an order directing the sale of real property under G.S. 14-112.3(e1)(1)c. is entered. Notice of lis pendens filed pursuant to G.S. 1-116(5) shall be exempt from filing fees. (C.C.P., s. 90; Code, s. 229; Rev., s. 461; 1919, c. 31; C.S., s. 503; 1967, c. 954, s. 3; 2015-182, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-120 - Cancellation of notice.

§ 1-120. Cancellation of notice.
The court in which the said action was commenced may, at any time after it is settled, discontinued or abated, on application of any person aggrieved, on good cause shown, and on such notice as is directed or approved by the court, order the notice authorized by this Article to be cancelled of record, by the clerk of any county in whose office the same has been filed or recorded; and this cancellation must be made by an endorsement to that effect on the margin of the record, which shall refer to the order. (C.C.P., s. 90; Code, s. 229; Rev., s. 463; C.S., s. 504.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 11 - Lis Pendens. › § 1-120.2 - Filing of notice by cities and counties in certain cases.

§ 1-120.2. Filing of notice by cities and counties in certain cases.
The governing body of a city or county may, by ordinance under Article 11 of Chapter 160D of the General Statutes relating to building inspection, or Article 12 of Chapter 160D of the General Statutes relating to minimum housing standards, provide that upon the issuance of a complaint and notice of hearing or order pursuant to it, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached to it, may be filed in the office of the clerk of superior court of the county where the property is located. When a notice of lis pendens and a copy of the complaint and notice of hearing or order is filed with the clerk of superior court, it shall be indexed and cross-indexed in accordance with the indexing procedures of G.S. 1-117. From the date and time of indexing, the complaint and notice of hearing or order is binding upon the successors and assigns of the owners of and parties in interest in the building or dwelling. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the building or dwelling at the time of filing in accordance with G.S. 160D-1121 and G.S. 160D-1206. The notice of lis pendens remains in full force and effect until cancelled. The ordinance may authorize the cancellation of the notice of lis pendens under certain circumstances. Upon receipt of notice from the city, the clerk of superior court shall cancel the notice of lis pendens. (1995, c. 158, s. 1; 2021-88, s. 1(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 15 - Answer. › § 1-139 - Burden of proof of contributory negligence.

§ 1-139. Burden of proof of contributory negligence.
A party asserting the defense of contributory negligence has the burden of proof of such defense. (1887, c. 33; Rev., s. 483; C.S., s. 523; 1967, c. 954, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 17 - Pleadings, General Provisions. › § 1-148 - Verification before what officer.

§ 1-148. Verification before what officer.
Any officer competent to take the acknowledgment of deeds, and any judge or clerk of the General Court of Justice, notary public, in or out of the State, or magistrate, is competent to take affidavits for the verification of pleadings, in any court or county in the State, and for general purposes. (C.C.P., s. 117; 1868-9, c. 159, s. 7; Code, s. 258; 1891, c. 140; Rev., s. 492; C.S., s. 532; 1971, c. 268, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 17 - Pleadings, General Provisions. › § 1-149 - When verification omitted; use in criminal prosecutions.

§ 1-149. When verification omitted; use in criminal prosecutions.
The verification may be omitted when an admission of the truth of the allegation might subject the party to prosecution for felony. No pleading can be used in a criminal prosecution against the party as proof of a fact admitted or alleged in it. (C.C.P., s. 117; 1868-9, c. 159, s. 7; Code, s. 258; Rev., s. 493; C.S., s. 533.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 18 - Amendments. › § 1-164 - Amendment changing nature of action or relief; effect.

§ 1-164. Amendment changing nature of action or relief; effect.
When the complaint is so amended as to change the nature of the action and the character of the relief demanded, the judgment rendered does not operate as an estoppel upon any person acquiring an interest in the property in controversy prior to the allowance of the amendment. (1901, c. 486; Rev., s. 508; C.S., s. 548.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 18 - Amendments. › § 1-166 - Defendant sued in fictitious name; amendment.

§ 1-166. Defendant sued in fictitious name; amendment.
When the plaintiff is ignorant of the name of a defendant the latter may be designated in a pleading or proceeding by any name; and when his true name is discovered, the pleading or proceeding may be amended accordingly. (C.C.P., s. 134; Code, s. 275; Rev., s. 510; C.S., s. 550.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 19 - Trial. › § 1-180.1 - Judge not to comment on verdict.

§ 1-180.1. Judge not to comment on verdict.
In criminal actions the presiding judge shall make no comment in open court in the presence or hearing of all, or any member or members, of the panel of jurors drawn or summoned for jury duty at any session of court, upon any verdict rendered at such session of court, and if any presiding judge shall make any comment as herein prohibited, or shall praise or criticize any jury on account of its verdict, whether such comment, praise or criticism be made inadvertently or intentionally, such praise, criticism or comment by the judge shall constitute valid grounds as a matter of right, for the continuance for the session of any action remaining to be tried during that week at such session of court, upon motion of a defendant or upon motion of the State. The provisions of this section shall not be applicable upon the hearing of motions for a new trial, motions to set aside the verdict of a jury, or a motion made in arrest of judgment. (1955, c. 200; 1967, c. 954, s. 3; 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 19 - Trial. › § 1-181 - Requests for special instructions.

§ 1-181. Requests for special instructions.
(a) Requests for special instructions to the jury must be –
(1) In writing,
(2) Entitled in the cause, and
(3) Signed by counsel submitting them.
(b) Such requests for special instructions must be submitted to the trial judge before the judge's charge to the jury is begun. However, the judge may, in his discretion, consider such requests regardless of the time they are made.
(c) Written requests for special instructions shall, after their submission to the judge, be filed as a part of the record of the same. (C.C.P., s. 239; Code, s. 415; Rev., s. 538; C.S., s. 565; 1951, c. 837, s. 6.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 19 - Trial. › § 1-181.1 - View by jury.

§ 1-181.1. View by jury.
The judge presiding at the trial of any action or proceeding involving the exercise of the right of eminent domain, or the condemnation of real property may, in his discretion, permit the jury to view the property which is the subject of condemnation. (1965, c. 138.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 19 - Trial. › § 1-181.2 - Use of evidence by the jury.

§ 1-181.2. Use of evidence by the jury.
(a) If the jury in a civil action after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. The court in its discretion, after notice to the parties and giving the parties an opportunity to be heard, may direct that requested parts of the testimony be read to the jury and may permit the jury to reexamine in open court the requested materials admitted into evidence. The court in its discretion may also have the jury review other evidence relating to the same factual issue so as not to give undue prominence to the evidence requested.
(b) Upon request by the jury, the court may in its discretion and after permitting the parties an opportunity to be heard permit the jury to take into the jury room admitted exhibits which have been passed to the jury, photographs admitted into evidence and shown to the jury and used by any witnesses in their testimony before the jury, and any illustrative exhibits admitted into evidence and used by any witnesses in their testimony before the jury. Summaries of testimony prepared in the courtroom by any party, lists made by any party in the courtroom and such similar documents shall not be sent to the jury room with the jury, even if admitted into evidence and requested by the jury. Depositions may be taken into the jury room upon request of the jury only with consent of the parties.
(c) Upon request by the jury, the court may permit the jury to take into the jury room any exhibit that all parties stipulate and agree may be taken into the jury room.
(d) In sending any exhibits to the jury, the court should ensure that the evidentiary integrity of the exhibit is preserved. (2007-407, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 19 - Trial. › § 1-183.1 - Effect on counterclaim of dismissal as to plaintiff's claim.

§ 1-183.1. Effect on counterclaim of dismissal as to plaintiff's claim.
The granting of a motion by the defendant for judgment of dismissal as to the plaintiff's cause of action shall not amount to the taking of a voluntary dismissal on any counterclaim which the defendant was required or permitted to plead pursuant to G.S. 1A-1, Rule 13. (1959, c. 77; 1971, c. 1093, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 22 - Verdict and Exceptions. › § 1-202 - Special controls general.

§ 1-202. Special controls general.
Where a special finding of facts is inconsistent with the general verdict, the former controls, and the court shall give judgment accordingly. (C.C.P., s. 234; Code, s. 410; Rev., s. 552; C.S., s. 586.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-208.1 - Judgment docket, judgment and docket book defined.

§ 1-208.1. Judgment docket, judgment and docket book defined.
As used in this Chapter, unless the context clearly requires otherwise, the phrases "judgment docket", "judgment book", "docket book", and "judgment and docket book" include, without limitation, all records created or maintained by the clerk of superior court, pursuant to rules prescribed by the Director of the Administrative Office of the Courts pursuant to G.S. 7A-109, by the use of an electronic data entry system established by the Director pursuant to G.S. 7A-343. (1991, c. 167, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-209 - Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.

§ 1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.
The clerks of the superior courts are authorized to enter the following judgments:
(1) All judgments of voluntary nonsuit.
(2) All consent judgments.
(3) In all actions upon notes, bills, bonds, stated accounts, balances struck, and other evidences of indebtedness within the jurisdiction of the superior court.
(4) All judgments by default final and default and inquiry as are authorized by Rule 55 of the Rules of Civil Procedure, and in this section provided.
(5) In all cases where the clerks of the superior court enter judgment by default final upon any debt secured by mortgage, deed of trust, conditional sale contract or other conveyance of any kind, either real or personal property, or by a pledge of property, the said clerks of the superior court are authorized and empowered to order a foreclosure of such mortgage, deed of trust, conditional sale contract, or other conveyance, and order a sale of the property so conveyed or pledged upon such terms as appear to be just; and the said clerks of the superior court shall have all the power and authority now exercised by the judges of the superior court to appoint commissioners to make such sales, to receive the reports thereof, and to confirm the report of sale or to order a resale, and to that end they are authorized to continue such causes from time to time as may be required to complete the sale, and in the final judgment in said causes they shall order the execution and delivery of all necessary deeds and make all necessary orders disbursing the funds arising from the sale, and may issue writs of assistance and possession upon ten days' notice to parties in possession. The commissioners appointed to make foreclosure sales, as herein authorized, may proceed to advertise such sales immediately after the date of entering judgment and order of foreclosure, unless otherwise provided in said judgment and order.
(6) All judgments on awards, or on Certificates of Accrued Arrearages, of the Industrial Commission in workers' compensation cases, as defined and provided for in G.S. 97-87.
In any tax foreclosure action pending on March 15, 1939 or thereafter brought under the provisions of G.S. 105-414 in which there is filed no answer which seeks to prevent entry of judgment of sale, the clerk of the superior court may render judgment of sale and make all necessary subsequent orders and judgments to the same extent as permitted by this section in actions brought to foreclose a mortgage. All such judgments and orders heretofore rendered or made by a clerk of the superior court in such tax foreclosure actions are hereby, as to the authority of the said clerk, ratified and confirmed. (1919, c. 156; C.S., s. 593; Ex. Sess., 1921, c. 92, s. 12; 1929, cc. 35, 49; 1939, c. 107; 1943, c. 301, s. 1; 1967, c. 954, s. 3; 2001-477, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-209.1 - Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney.

§ 1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney.
In all condemnation proceedings authorized by G.S. 40A-3 or by any other statute, the clerks of the superior courts are authorized to fix and tax the petitioner with a reasonable fee for respondent's attorney in cases in which the petitioner takes or submits to a voluntary nonsuit or otherwise abandons the proceeding. (1957, c. 400, s. 1; 2001-487, s. 38(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-209.2 - Voluntary nonsuit by petitioner in condemnation proceeding.

§ 1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding.
The petitioner in all condemnation proceedings authorized by G.S. 40A-3 or by any other statute is authorized and allowed to take a voluntary nonsuit. (1957, c. 400, s. 2; 2001-487, s. 38(b).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-210 - Return of execution; order for disbursement of proceeds.

§ 1-210. Return of execution; order for disbursement of proceeds.
In all executions issued by the clerk of the superior court upon judgment before the clerk of the superior court, under G.S. 1-209, and execution issued thereon, the sheriff shall make his return to the clerk of the superior court, who shall make the final order directing the sheriff to disburse the proceeds received by him under said execution: Provided, that any interested party may appeal to the superior court, where the matter shall be heard de novo. (1925, c. 222, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-215.1 - Judgments or orders not rendered on Mondays validated.

§ 1-215.1. Judgments or orders not rendered on Mondays validated.
In any case where, prior to the ratification of this section, any judgment or order, required to be rendered or signed on Monday, has been rendered or signed by any clerk of the superior court on any day other than Monday, such judgment or order is hereby declared to be valid and of the same force and effect as if the day on which it was signed or rendered had been a Monday; and any conveyance executed by any commissioner or other person authorized to make a conveyance in any action or special proceeding where the appointment of the commissioner or other person, the order of sale, the order of resale, or the confirmation of sale was made on a day other than Monday, is hereby declared to be valid and to have the same force and effect as if the day on which such judgment or order was rendered had been a Monday. (1943, c. 301, s. 4.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-215.2 - Time within which judgments or orders signed on days other than Mondays may be attacked.

§ 1-215.2. Time within which judgments or orders signed on days other than Mondays may be attacked.
From and after the 30th day of September, 1951, no action shall be brought or no motion in the cause shall be made to attack any judgment or order of any clerk of the superior court by reason of such judgment or order having been signed by such clerk of the superior court on any day other than Monday. (1951, c. 895, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-215.3 - Validation of conveyances pursuant to orders made on days other than Mondays.

§ 1-215.3. Validation of conveyances pursuant to orders made on days other than Mondays.
From and after the 30th day of September, 1951, any conveyance executed by any commissioner or other person authorized to make a conveyance in any action or special proceeding where the appointment of the commissioner or other person, the order of sale, the order of resale, or the order or confirmation of sale was made on a day other than Monday is hereby declared to be valid and to have the same force and effect as if the day on which such judgment or order was rendered had been a Monday. (1951, c. 895, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-217 - Certain default judgments validated.

§ 1-217. Certain default judgments validated.
In every case where, prior to the first day of January, one thousand nine hundred and twenty-seven, a judgment by default final has been entered by the clerk of the superior court of any county in this State on a day other than Monday, contrary to G.S. 1-215 and 1-216, such judgment shall be deemed to have been entered as of the first Monday immediately following the default and is hereby to all intents and purposes validated; provided, however, nothing in this section shall be construed to affect the rights of any interested party, as provided in G.S. 1-220 other than for irregularity as to date of entry of the judgment by the clerk of the court. (1927, c. 187.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-217.1 - Judgments based on summons erroneously designated alias or pluries validated.

§ 1-217.1. Judgments based on summons erroneously designated alias or pluries validated.
In all civil actions and special proceedings where the defendants were served with summons and judgment thereafter entered, or any final decree made, and said judgments or decrees shall not be invalidated by reason of the fact that the summons, although designated an alias or pluries summons, was not actually such: Provided, that this section shall not apply where the first summons was issued more than five years preceding March 6, 1943. (1943, c. 532.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-217.2 - Judgments by default to remove cloud from title to real estate validated.

§ 1-217.2. Judgments by default to remove cloud from title to real estate validated.
In every case where prior to the tenth day of October, 1969, a judgment by default final has been entered by the clerk of superior court of any county in this State in an action to remove cloud from title to real estate, the said judgment is hereby to all intents and purposes validated, and said judgment is hereby declared to be regular, proper and a lawful judgment in all respects according to the provisions of same. (1961, c. 628; 1971, c. 59; 1973, c. 1348, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-223 - Against married persons.

§ 1-223. Against married persons.
In an action brought by or against a married person, judgment may be given against such married person for costs or damages or both, to be levied and collected solely out of such married person's separate estate or property. (Rev., s. 563; C.S., s. 603; 1977, c. 545.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-228 - Regarded as a deed and registered.

§ 1-228. Regarded as a deed and registered.
Every judgment, in which the transfer of title is so declared, shall be regarded as a deed of conveyance, executed in due form and by capable persons, notwithstanding the want of capacity in any person ordered to convey, and shall be registered in the proper county, under the rules and regulations prescribed for conveyances of similar property executed by the party. The party desiring registration of such judgment must produce to the register a copy thereof, certified by the clerk of the court in which it is enrolled, under the seal of the court, and the register shall record both the judgment and certificate. All laws which are passed for extending the time for registration of deeds include such judgments, provided the conveyance, if actually executed, would be so included. (1850, c. 107, ss. 2, 4; R.C., c. 32, ss. 25, 27; 1874-5, c. 17, ss. 2, 4; Code, ss. 427, 429; Rev., ss. 567, 568; C.S., s. 608.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-229 - Certified registered copy evidence.

§ 1-229. Certified registered copy evidence.
In all legal proceedings, touching the right of parties derived under such judgment, a certified copy from the register's books is evidence of its existence and of the matters therein contained, as fully as if proved by a perfect transcript of the whole case. (1850, c. 107, s. 3; R.C., c. 32, s. 26; 1874-5, c. 17, s. 3; Code, s. 428; Rev., s. 569; C.S., s. 609.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-230 - In action for recovery of personal property.

§ 1-230. In action for recovery of personal property.
In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession, or for the value thereof in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for a return of the property, or for the value thereof in case a return cannot be had, and damages for taking and withholding the same. (C.C.P., s. 251; Code, s. 431; Rev., s. 570; C.S., s. 610.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-231 - What judge approves judgments.

§ 1-231. What judge approves judgments.
In all cases where a judgment, decree or order of the superior court is required to be approved by a judge, it shall be approved by the judge having jurisdiction of receivers and injunctions. (1876-7, c. 223, s. 3; 1879, c. 63; 1881, c. 51; Code, s. 432; Rev., s. 571; C.S., s. 611.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-232 - Judgment roll.

§ 1-232. Judgment roll.
Unless the party or his attorney furnishes a judgment roll or the documents referred to in this section are already on file, the clerk, immediately after entering the judgment, shall attach together and file the following papers which constitute the judgment roll:
(1) In case the complaint is not answered by any defendant, the summons and complaint, or copies thereof, proof of service, and that no answer has been received, the report, if any, and a copy of the judgment.
(2) In all other cases, the summons, pleadings, or copies thereof, and a copy of the judgment, with any verdict or report, the offer of the defendant, exceptions, case, and all orders and papers in any way involving the merits and necessarily affecting the judgment. (C.C.P., s. 253; Code, s. 434; Rev., s. 572; C.S., s. 612; 2003-59, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 23 - Judgment. › § 1-233 - Docketed and indexed.

§ 1-233. Docketed and indexed.
Every judgment of the superior or district court, affecting title to real property, or requiring in whole or in part the payment of money, shall be indexed and recorded by the clerk of said superior court on the judgment docket of the court. The docket entry must contain the file number for the case in which the judgment was entered, the names of the parties, the address, if known, of each party and against whom judgment is rendered, the relief granted, the date, hour, and minute of the entry of judgment under G.S. 1A-1, Rule 58, and the date, hour, and minute of the indexing of the judgment. The clerk shall keep a cross-index of the whole, with the dates and file numbers thereof; however, error or omission in the entry of the address or addresses shall in no way affect the validity, finality or priority of the judgment docketed. (Sup. Ct. Rule VIII; C.C.P., s. 252; Code, s. 433; Rev., s. 573; 1909, c. 709; C.S., s. 613; 1929, c. 183; 1943, c. 301, s. 41/2; 1971, c. 268, s. 6; 1981, c. 745, s. 1; 2003-59, s. 2.)