State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-262

§1‑262.  Hearing before judge where no issues of fact raised or jury trialwaived; what judge may hear.

Proceedings under this Articleshall be tried at a session of court, as in other civil actions. If no issuesof fact are raised, or if such issues are raised and the parties waive a jurytrial, by agreement of the parties the proceedings may be heard before anyjudge of the trial division in which the proceeding is pending. If the partiesdo not agree upon a judge for the hearing and the proceeding is in the SuperiorCourt Division, then upon motion of the plaintiff, the proceeding may be heardby a resident superior court judge of the  district, or a superior court judgeholding the courts of the district, or by any judge holding a session ofsuperior court within the district. If the parties do not agree upon a judgeand the proceeding is in the District Court Division, then upon motion of theplaintiff, the proceeding may be heard by the chief district judge or by adistrict judge authorized by the chief judge to hear motions and enterinterlocutory orders. Such motion shall be in writing, with 10 days' notice tothe defendant, and the judge designated shall fix a time and place for thehearing and notify the parties. Upon notice given, the clerk of the court inwhich the action is pending shall forward the papers in the proceeding to thejudge designated. The hearing by the judge shall be governed by the practicefor hearings in other civil actions before a judge without a jury. Referencesto judges of the superior court in this section include emergency and specialjudges. (1931, c. 102, s. 10; 1971, c. 268, s. 9.)