State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-103

§ 7A‑103. Authority of clerk of superior court.

The clerk of superior court is authorized to:

(1)        Issue subpoenas to compel the attendance of any witnessresiding or being in the State, or to compel the production of any document orpaper, material to any inquiry in his court.

(2)        Administer oaths, and to take acknowledgment and proof ofthe execution of all instruments or writings.

(3)        Issue commissions to take the testimony of any witnesswithin or without the State.

(4)        Issue citations and orders to show cause to parties in allmatters cognizable in his court, and to compel the appearance of such parties.

(5)        Enforce all lawful orders and decrees, by execution orotherwise, against those who fail to comply therewith or to execute lawfulprocess. Process may be issued by the clerk, to be executed in any county ofthe State, and to be returned before him.

(6)        Certify and exemplify, under seal of his court, alldocuments, papers or records therein, which shall be received in evidence inall the courts of the State.

(7)        Preserve order in this court, punish criminal contempts,and  hold persons in civil contempt; subject to the limitations contained inChapter 5A of the General Statutes of North Carolina.

(8)        Adjourn any proceeding pending before him from time to time.

(9)        Open, vacate, modify, set aside, or enter as of a formertime, decrees or orders of his court.

(10)      Enter default or judgment in any action or proceeding pendingin his court as authorized by law.

(11)      Award costs and disbursements as prescribed by law, to bepaid personally, or out of the estate or fund, in any proceeding before him.

(12)      Compel an accounting by magistrates and compel the return tothe clerk of superior court by the person having possession thereof, of allmoney, records, papers, dockets and books held by such magistrate by virtue orcolor of his office.

(13)      Grant and revoke letters testamentary, letters ofadministration, and letters of trusteeship.

(14)      Appoint and remove guardians and trustees, as provided bylaw.

(15)      Audit the accounts of fiduciaries, as required by law.

(16)      Exercise jurisdiction conferred on him in every other caseprescribed by law. (C.C.P., ss. 417,418, 442; Code, ss. 103, 108; 1901, c. 614, s. 2; Rev., s. 901; 1919, c. 140;C. S., s. 938; 1949, c. 57, s. 1; 1951, c. 28, s. 1; 1961, c. 341, s. 2; 1971,c. 363, s. 3; 1979, 2nd Sess., c. 1080, s. 5.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-103

§ 7A‑103. Authority of clerk of superior court.

The clerk of superior court is authorized to:

(1)        Issue subpoenas to compel the attendance of any witnessresiding or being in the State, or to compel the production of any document orpaper, material to any inquiry in his court.

(2)        Administer oaths, and to take acknowledgment and proof ofthe execution of all instruments or writings.

(3)        Issue commissions to take the testimony of any witnesswithin or without the State.

(4)        Issue citations and orders to show cause to parties in allmatters cognizable in his court, and to compel the appearance of such parties.

(5)        Enforce all lawful orders and decrees, by execution orotherwise, against those who fail to comply therewith or to execute lawfulprocess. Process may be issued by the clerk, to be executed in any county ofthe State, and to be returned before him.

(6)        Certify and exemplify, under seal of his court, alldocuments, papers or records therein, which shall be received in evidence inall the courts of the State.

(7)        Preserve order in this court, punish criminal contempts,and  hold persons in civil contempt; subject to the limitations contained inChapter 5A of the General Statutes of North Carolina.

(8)        Adjourn any proceeding pending before him from time to time.

(9)        Open, vacate, modify, set aside, or enter as of a formertime, decrees or orders of his court.

(10)      Enter default or judgment in any action or proceeding pendingin his court as authorized by law.

(11)      Award costs and disbursements as prescribed by law, to bepaid personally, or out of the estate or fund, in any proceeding before him.

(12)      Compel an accounting by magistrates and compel the return tothe clerk of superior court by the person having possession thereof, of allmoney, records, papers, dockets and books held by such magistrate by virtue orcolor of his office.

(13)      Grant and revoke letters testamentary, letters ofadministration, and letters of trusteeship.

(14)      Appoint and remove guardians and trustees, as provided bylaw.

(15)      Audit the accounts of fiduciaries, as required by law.

(16)      Exercise jurisdiction conferred on him in every other caseprescribed by law. (C.C.P., ss. 417,418, 442; Code, ss. 103, 108; 1901, c. 614, s. 2; Rev., s. 901; 1919, c. 140;C. S., s. 938; 1949, c. 57, s. 1; 1951, c. 28, s. 1; 1961, c. 341, s. 2; 1971,c. 363, s. 3; 1979, 2nd Sess., c. 1080, s. 5.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-103

§ 7A‑103. Authority of clerk of superior court.

The clerk of superior court is authorized to:

(1)        Issue subpoenas to compel the attendance of any witnessresiding or being in the State, or to compel the production of any document orpaper, material to any inquiry in his court.

(2)        Administer oaths, and to take acknowledgment and proof ofthe execution of all instruments or writings.

(3)        Issue commissions to take the testimony of any witnesswithin or without the State.

(4)        Issue citations and orders to show cause to parties in allmatters cognizable in his court, and to compel the appearance of such parties.

(5)        Enforce all lawful orders and decrees, by execution orotherwise, against those who fail to comply therewith or to execute lawfulprocess. Process may be issued by the clerk, to be executed in any county ofthe State, and to be returned before him.

(6)        Certify and exemplify, under seal of his court, alldocuments, papers or records therein, which shall be received in evidence inall the courts of the State.

(7)        Preserve order in this court, punish criminal contempts,and  hold persons in civil contempt; subject to the limitations contained inChapter 5A of the General Statutes of North Carolina.

(8)        Adjourn any proceeding pending before him from time to time.

(9)        Open, vacate, modify, set aside, or enter as of a formertime, decrees or orders of his court.

(10)      Enter default or judgment in any action or proceeding pendingin his court as authorized by law.

(11)      Award costs and disbursements as prescribed by law, to bepaid personally, or out of the estate or fund, in any proceeding before him.

(12)      Compel an accounting by magistrates and compel the return tothe clerk of superior court by the person having possession thereof, of allmoney, records, papers, dockets and books held by such magistrate by virtue orcolor of his office.

(13)      Grant and revoke letters testamentary, letters ofadministration, and letters of trusteeship.

(14)      Appoint and remove guardians and trustees, as provided bylaw.

(15)      Audit the accounts of fiduciaries, as required by law.

(16)      Exercise jurisdiction conferred on him in every other caseprescribed by law. (C.C.P., ss. 417,418, 442; Code, ss. 103, 108; 1901, c. 614, s. 2; Rev., s. 901; 1919, c. 140;C. S., s. 938; 1949, c. 57, s. 1; 1951, c. 28, s. 1; 1961, c. 341, s. 2; 1971,c. 363, s. 3; 1979, 2nd Sess., c. 1080, s. 5.)