State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-75_12

§1‑75.12.  Stay of proceeding to permit trial in a foreign jurisdiction.

(a)        When Stay May beGranted. – If, in any action pending in any court of this State, the judgeshall find that it would work substantial injustice for the action to be triedin a court of this State, the judge on motion of any party may enter an orderto stay further proceedings in the action in this State. A moving party underthis subsection must stipulate his consent to suit in another jurisdictionfound by the judge to provide a convenient, reasonable and fair place of trial.

(b)        SubsequentModification of Order to Stay Proceedings. – In a proceeding in which a stayhas been ordered under this section, jurisdiction of the court continues for aperiod of five years from the entry of the last order affecting the stay; andthe court may, on  motion and notice to the parties, modify the stay order andtake such  action as the interests of justice require. When jurisdiction of thecourt terminates by reason of the lapse of five years following the entry ofthe last order affecting the stay, the clerk shall without notice enter anorder dismissing the action.

(c)        Review of Rulingson Motion. – Whenever a motion for a stay made pursuant to subsection (a) aboveis granted, any nonmoving party shall have the right of immediate appeal.Whenever such a motion is denied, the movant may seek review by means of a writof certiorari and failure to do so shall constitute a waiver of any error thejudge may have committed in denying the motion. (1967, c. 954, s. 2.)