State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1413

§15A‑1413.  Trial judges empowered to act.

(a)        A motion forappropriate relief made pursuant to G.S. 15A‑1415 may be heard anddetermined in the trial division by any judge who is empowered to act incriminal matters in the district court district as defined in G.S. 7A‑133or superior court district or set of districts as defined in G.S. 7A‑41.1,as the case may be, in which the judgment was entered.

(b)        The judge whopresided at the trial is empowered to act upon a motion for appropriate reliefmade pursuant to G.S. 15A‑1414. He may act even though he is in anotherdistrict or even though his commission has expired.

(c)        When a motion forappropriate relief may be made before a judge who did not hear the case, hemay, if it is practicable to do so, refer all or a part of the matter fordecision to the judge who heard the case. (1977, c. 711, s. 1; 1987(Reg. Sess., 1988), c. 1037, s. 71.)