State Codes and Statutes
Statutes > North-carolina > Chapter_130A > GS_130A-390§130A‑390. Exhumations.
(a) In any case ofdeath described in G.S. 130A‑383 or 130A‑384 where the body isburied without investigation by a medical examiner as to the cause and mannerof death or where sufficient cause develops for further investigation after abody is buried as determined by a county medical examiner or the Chief MedicalExaminer, the Chief Medical Examiner shall authorize an investigation and senda report of the investigation with recommendations to the appropriate districtattorney. The district attorney may forward the report to the superior courtjudge and petition for disinterment. The judge may order that the body beexhumed and that an autopsy be performed by the Chief Medical Examiner. Areport of the autopsy and other pathological studies shall be delivered to thejudge. The cost of the exhumation, autopsy, transportation and disposition ofthe body shall be paid by the State. However, if the deceased is a resident ofthe county in which death or fatal injury occurred, that county shall pay thecost.
(b) Any person maypetition a judge of the superior court for an order of exhumation. Upon showingof sufficient cause, the judge may order the body exhumed. The cost incurredshall be assigned to the petitioner.
(c) Without applying fora judicial exhumation order, the next‑of‑kin of a deceased personmay have the remains exhumed, examined by the Chief Medical Examiner andredisposed. The cost shall be paid by the next‑of‑kin. (1983,c. 891, s. 2; 1991, c. 463, s. 3.)
