State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-413

§1‑413.  Issuance and form of order.

The order may be made toaccompany the summons, or to issue at any time afterwards, before judgment. Itshall require the sheriff of the county where the defendant may be foundforthwith to arrest him and hold him to bail in a specified sum, and to returnthe order at a place and time therein mentioned to the clerk of the court inwhich the action is brought. Notice of the return must be served on theplaintiff or his attorney as prescribed by law for the service of othernotices. The order shall include a statement that if the person  arrested is anindigent person he is entitled to services of counsel under G.S. 7A‑451,that he may petition for preliminary release on the basis of his indigency,that if he does so he will have an opportunity within 72 hours to suggest to ajudge his indigency for purposes of appointment of counsel and preliminaryrelease, and that the judge will thereupon immediately appoint counsel for himif it is adjudged that he is unable to pay a lawyer.  Appointment of counselshall be in accordance with rules adopted by the Office of Indigent DefenseServices. (C.C.P., s. 153; Code, s. 295; Rev., s. 731; C.S., s.771; 1977, c. 649, s. 3; 2000‑144, s. 15.)