State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-1804

§ 7B‑1804.  Commencementof action.

(a)        An action iscommenced by the filing of a petition in the clerk's office when that office isopen, or by a magistrate's acceptance of a petition for filing pursuant tosubsection (b) of this section when the clerk's office is closed.

(b)        When the office ofthe clerk is closed and the juvenile court counselor requests a petitionalleging a juvenile to be delinquent or undisciplined, a magistrate may drawand verify the petition and accept it for filing, which acceptance shallconstitute filing. The magistrate's authority under this subsection is limitedto emergency situations when a petition is required in order to obtain a secureor nonsecure custody order. Any petition accepted for filing under thissubsection shall be delivered to the clerk's office for processing as soon asthat office is open for business. (1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998‑202,s. 6; 2001‑490, s. 2.12.)