State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-494

§1‑494.  Before what judge returnable.

All restraining orders andinjunctions granted by any of the judges of the superior court shall be madereturnable before the resident judge of the district, a special judge residingin the district, or any superior court judge assigned to hold court in thedistrict where the civil action or special proceeding is pending, within 20days from date of order. If a judge before whom the matter is returned fails,for any reason, to hear the motion and application, on the date set or within10 days thereafter, any regular or special judge resident in, or assigned tohold the courts of, some adjoining district may hear and determine the saidmotion and application, after giving 10 days' notice to the parties interestedin the application or motion. This removal continues in force the motion andapplication or motion. This removal continues in force the motion andapplication theretofore granted till they can be heard and determined by thejudge having jurisdiction.

All restraining orders andinjunctions granted by any judge of the  district court shall be madereturnable before the judge granting such order or injunction or before thechief district judge or a district judge authorized to hear in‑chambersmatters in the district where the civil action is pending, within 20 days fromthe date of the order. If the judge before whom the matter is returned fails,for any reason, to hear the motion and application on the date set, or within10 days thereafter, any district judge of the district authorized to hear in‑chambers matters may hear and determine the said motion and application, aftergiving 10 days' notice to the parties interested in the application or motion. (1876,c. 223, s. 2; 1879, c. 63, ss. 2, 3; 1881, c. 51; Code, s. 336; Rev., s. 815;C.S., s. 852; 1963, c. 1143;  1973, c. 66, s. 3.)