State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-32

§ 7A‑32.  Power ofSupreme Court and Court of Appeals to issue remedial writs.

(a)        The Supreme Court and the Court of Appeals havejurisdiction, exercisable by any one of the justices or judges of therespective courts, to issue the writ of habeas corpus upon the application ofany person described in G.S. 17‑3, according to the practice andprocedure provided therefor in chapter 17 of the General Statutes, and to ruleof the Supreme Court.

(b)        The Supreme Court has jurisdiction, exercisable by onejustice  or by such number of justices as the court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction or in exercise of its general powerto supervise and control the proceedings of any of the other courts of theGeneral Court of Justice. The practice and procedure shall be as provided bystatute or rule of the  Supreme Court, or, in the absence of statute or rule,according to the practice and procedure of the common law.

(c)        The Court of Appeals has jurisdiction, exercisable by onejudge or by such number of judges as the Supreme Court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction, or to supervise and control theproceedings of any of the trial courts of the General Court of Justice, and ofthe Utilities Commission and the Industrial Commission. The practice andprocedure shall be as provided by statute or rule of the Supreme Court, or, inthe absence of statute or rule, according to the practice and procedure of thecommon law. (1967, c. 108, s.1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-32

§ 7A‑32.  Power ofSupreme Court and Court of Appeals to issue remedial writs.

(a)        The Supreme Court and the Court of Appeals havejurisdiction, exercisable by any one of the justices or judges of therespective courts, to issue the writ of habeas corpus upon the application ofany person described in G.S. 17‑3, according to the practice andprocedure provided therefor in chapter 17 of the General Statutes, and to ruleof the Supreme Court.

(b)        The Supreme Court has jurisdiction, exercisable by onejustice  or by such number of justices as the court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction or in exercise of its general powerto supervise and control the proceedings of any of the other courts of theGeneral Court of Justice. The practice and procedure shall be as provided bystatute or rule of the  Supreme Court, or, in the absence of statute or rule,according to the practice and procedure of the common law.

(c)        The Court of Appeals has jurisdiction, exercisable by onejudge or by such number of judges as the Supreme Court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction, or to supervise and control theproceedings of any of the trial courts of the General Court of Justice, and ofthe Utilities Commission and the Industrial Commission. The practice andprocedure shall be as provided by statute or rule of the Supreme Court, or, inthe absence of statute or rule, according to the practice and procedure of thecommon law. (1967, c. 108, s.1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-32

§ 7A‑32.  Power ofSupreme Court and Court of Appeals to issue remedial writs.

(a)        The Supreme Court and the Court of Appeals havejurisdiction, exercisable by any one of the justices or judges of therespective courts, to issue the writ of habeas corpus upon the application ofany person described in G.S. 17‑3, according to the practice andprocedure provided therefor in chapter 17 of the General Statutes, and to ruleof the Supreme Court.

(b)        The Supreme Court has jurisdiction, exercisable by onejustice  or by such number of justices as the court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction or in exercise of its general powerto supervise and control the proceedings of any of the other courts of theGeneral Court of Justice. The practice and procedure shall be as provided bystatute or rule of the  Supreme Court, or, in the absence of statute or rule,according to the practice and procedure of the common law.

(c)        The Court of Appeals has jurisdiction, exercisable by onejudge or by such number of judges as the Supreme Court may by rule provide, toissue the prerogative writs, including mandamus, prohibition, certiorari, andsupersedeas, in aid of its own jurisdiction, or to supervise and control theproceedings of any of the trial courts of the General Court of Justice, and ofthe Utilities Commission and the Industrial Commission. The practice andprocedure shall be as provided by statute or rule of the Supreme Court, or, inthe absence of statute or rule, according to the practice and procedure of thecommon law. (1967, c. 108, s.1.)