State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_5

§1‑440.5.  By whom order issued; when and where; filing of bond andaffidavit.

(a)        An order ofattachment may be issued by

(1)        The clerk of thecourt in which the action has been, or is being, commenced, or by

(2)        A judge of theappropriate trial division, as authorized in subsection (b) of this section.

(b)        An order ofattachment issued by a judge may be issued as follows:

(1)        If the action hasbeen or is being commenced in the Superior Court Division, a resident superiorcourt judge of the district, or a judge regularly holding the superior courtsof the district, may issue the order in open court or in chambers, in sessionor in vacation, and within or without the district. Any other judge holding asession of superior court in the county may issue the order in open court.

(2)        If the action hasbeen or is being commenced in the District  Court Division, the presidingjudge, the chief district judge, or any district judge authorized by the chiefto hear motions and enter interlocutory orders may issue the order in opencourt or in chambers in session or in vacation.

(c)        In those caseswhere the order of attachment is issued by the judge, such judge shall causethe bond required by G.S. 1‑440.10 and the affidavit required by G.S. 1‑440.11to be filed promptly with the  clerk of the court of the county in which theaction is pending. (1947, c. 693, s. 1; 1971, c. 268, s. 30.)