State Codes and Statutes

Statutes > North-carolina > Chapter_127A > GS_127A-41_1

§127A‑41.1.  Stay of legal and court proceedings because of State militaryservice.

At any stage of any legalproceeding in any court in which a person called into service of the State bythe Governor is involved, either as plaintiff or defendant, during the periodof service or within 60 days after the conclusion of the period of activeservice, all actions and proceedings:

(1)        May be stayed by thecourt on its own motion; or

(2)        Shall be stayed onapplication by the member or by a person acting on behalf of the member,unless, in the opinion of the court, the ability of the plaintiff to prosecutethe action or the defendant to conduct his defense is not materially affectedby reason of the military service. (1997‑153, s. 5.)

State Codes and Statutes

Statutes > North-carolina > Chapter_127A > GS_127A-41_1

§127A‑41.1.  Stay of legal and court proceedings because of State militaryservice.

At any stage of any legalproceeding in any court in which a person called into service of the State bythe Governor is involved, either as plaintiff or defendant, during the periodof service or within 60 days after the conclusion of the period of activeservice, all actions and proceedings:

(1)        May be stayed by thecourt on its own motion; or

(2)        Shall be stayed onapplication by the member or by a person acting on behalf of the member,unless, in the opinion of the court, the ability of the plaintiff to prosecutethe action or the defendant to conduct his defense is not materially affectedby reason of the military service. (1997‑153, s. 5.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_127A > GS_127A-41_1

§127A‑41.1.  Stay of legal and court proceedings because of State militaryservice.

At any stage of any legalproceeding in any court in which a person called into service of the State bythe Governor is involved, either as plaintiff or defendant, during the periodof service or within 60 days after the conclusion of the period of activeservice, all actions and proceedings:

(1)        May be stayed by thecourt on its own motion; or

(2)        Shall be stayed onapplication by the member or by a person acting on behalf of the member,unless, in the opinion of the court, the ability of the plaintiff to prosecutethe action or the defendant to conduct his defense is not materially affectedby reason of the military service. (1997‑153, s. 5.)