§ 7A‑243. Properdivision for trial of civil actions generally determined by amount incontroversy.
Except as otherwise provided in this Article, the district courtdivision is the proper division for the trial of all civil actions in which theamount in controversy is ten thousand dollars ($10,000) or less; and thesuperior court division is the proper division for the trial of all civilactions in which the amount in controversy exceeds ten thousand dollars($10,000).
For purposes of determining the amount in controversy, the followingrules apply whether the relief prayed is monetary or nonmonetary, or both, andwith respect to claims asserted by complaint, counterclaim, cross‑complaintor third‑party complaint:
(1) The amount in controversy is computed without regard tointerest and costs.
(2) Where monetary relief is prayed, the amount prayed for isin controversy unless the pleading in question shows to a legal certainty thatthe amount claimed cannot be recovered under the applicable measure of damages.The value of any property seized in attachment, claim and delivery, or otherancillary proceeding, is not in controversy and is not considered indetermining the amount in controversy.
(3) Where no monetary relief is sought, but the relief soughtwould establish, enforce, or avoid an obligation, right or title, the value ofthe obligation, right, or title is in controversy. Where the owner or legalpossessor of property seeks recovery of property on which a lien is assertedpursuant to G.S. 44A‑4(a) the amount in controversy is that portion ofthe asserted lien which is disputed. The judge may require by rule or orderthat parties make a good faith estimate of the value of any nonmonetary reliefsought.
(4) a. Except as provided in subparagraph c of thissubdivision, where a single party asserts two or more properly joined claims,the claims are aggregated in computing the amount in controversy.
b. Except as provided in subparagraph c, where there are two ormore parties properly joined in an action and their interests are aligned,their claims are aggregated in computing the amount in controversy.
c. No claims are aggregated which are mutually exclusive and inthe alternative, or which are successive, in the sense that satisfaction of oneclaim will bar recovery upon the other.
d. Where there are two or more claims not subject toaggregation the highest claim is the amount in controversy.
(5) Where the value of the relief to a claimant differs from thecost thereof to an opposing party, the higher amount is used in determining theamount in controversy. (1965, c. 310, s. 1; 1981 (Reg. Sess., 1982), c. 1225; 1985, c. 655, s.2.)
§ 7A‑243. Properdivision for trial of civil actions generally determined by amount incontroversy.
Except as otherwise provided in this Article, the district courtdivision is the proper division for the trial of all civil actions in which theamount in controversy is ten thousand dollars ($10,000) or less; and thesuperior court division is the proper division for the trial of all civilactions in which the amount in controversy exceeds ten thousand dollars($10,000).
For purposes of determining the amount in controversy, the followingrules apply whether the relief prayed is monetary or nonmonetary, or both, andwith respect to claims asserted by complaint, counterclaim, cross‑complaintor third‑party complaint:
(1) The amount in controversy is computed without regard tointerest and costs.
(2) Where monetary relief is prayed, the amount prayed for isin controversy unless the pleading in question shows to a legal certainty thatthe amount claimed cannot be recovered under the applicable measure of damages.The value of any property seized in attachment, claim and delivery, or otherancillary proceeding, is not in controversy and is not considered indetermining the amount in controversy.
(3) Where no monetary relief is sought, but the relief soughtwould establish, enforce, or avoid an obligation, right or title, the value ofthe obligation, right, or title is in controversy. Where the owner or legalpossessor of property seeks recovery of property on which a lien is assertedpursuant to G.S. 44A‑4(a) the amount in controversy is that portion ofthe asserted lien which is disputed. The judge may require by rule or orderthat parties make a good faith estimate of the value of any nonmonetary reliefsought.
(4) a. Except as provided in subparagraph c of thissubdivision, where a single party asserts two or more properly joined claims,the claims are aggregated in computing the amount in controversy.
b. Except as provided in subparagraph c, where there are two ormore parties properly joined in an action and their interests are aligned,their claims are aggregated in computing the amount in controversy.
c. No claims are aggregated which are mutually exclusive and inthe alternative, or which are successive, in the sense that satisfaction of oneclaim will bar recovery upon the other.
d. Where there are two or more claims not subject toaggregation the highest claim is the amount in controversy.
(5) Where the value of the relief to a claimant differs from thecost thereof to an opposing party, the higher amount is used in determining theamount in controversy. (1965, c. 310, s. 1; 1981 (Reg. Sess., 1982), c. 1225; 1985, c. 655, s.2.)
§ 7A‑243. Properdivision for trial of civil actions generally determined by amount incontroversy.
Except as otherwise provided in this Article, the district courtdivision is the proper division for the trial of all civil actions in which theamount in controversy is ten thousand dollars ($10,000) or less; and thesuperior court division is the proper division for the trial of all civilactions in which the amount in controversy exceeds ten thousand dollars($10,000).
For purposes of determining the amount in controversy, the followingrules apply whether the relief prayed is monetary or nonmonetary, or both, andwith respect to claims asserted by complaint, counterclaim, cross‑complaintor third‑party complaint:
(1) The amount in controversy is computed without regard tointerest and costs.
(2) Where monetary relief is prayed, the amount prayed for isin controversy unless the pleading in question shows to a legal certainty thatthe amount claimed cannot be recovered under the applicable measure of damages.The value of any property seized in attachment, claim and delivery, or otherancillary proceeding, is not in controversy and is not considered indetermining the amount in controversy.
(3) Where no monetary relief is sought, but the relief soughtwould establish, enforce, or avoid an obligation, right or title, the value ofthe obligation, right, or title is in controversy. Where the owner or legalpossessor of property seeks recovery of property on which a lien is assertedpursuant to G.S. 44A‑4(a) the amount in controversy is that portion ofthe asserted lien which is disputed. The judge may require by rule or orderthat parties make a good faith estimate of the value of any nonmonetary reliefsought.
(4) a. Except as provided in subparagraph c of thissubdivision, where a single party asserts two or more properly joined claims,the claims are aggregated in computing the amount in controversy.
b. Except as provided in subparagraph c, where there are two ormore parties properly joined in an action and their interests are aligned,their claims are aggregated in computing the amount in controversy.
c. No claims are aggregated which are mutually exclusive and inthe alternative, or which are successive, in the sense that satisfaction of oneclaim will bar recovery upon the other.
d. Where there are two or more claims not subject toaggregation the highest claim is the amount in controversy.
(5) Where the value of the relief to a claimant differs from thecost thereof to an opposing party, the higher amount is used in determining theamount in controversy. (1965, c. 310, s. 1; 1981 (Reg. Sess., 1982), c. 1225; 1985, c. 655, s.2.)
