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21,583 statutes · page 17 of 1,080
United States — North Carolina
1 provisions
In a special proceeding, orders or judgments imposing duties on commissioners or jurors must set the time for performing the duty unless a statute already does so.
United States — North Carolina
1 provisions
A commissioners’ report or return cannot be set aside and sent back for a new report just because of a defect or omission that does not affect the parties’ substantial rights.
United States — North Carolina
1 provisions
A commissioner who sells property must file a final account within 60 days, and the clerk of the superior court must audit and record it.
United States — North Carolina
1 provisions
In a real estate sale, the court may require a bond to protect an infant or incompetent person’s interests.
United States — North Carolina
1 provisions
The court may waive the bond requirement in certain cases, and any bond premium must be paid from the protected fund.
United States — North Carolina
1 provisions
If a commissioner or court-designated officer receives sale proceeds for reinvestment in a special proceeding, that person must give a court-approved bond.
United States — North Carolina
1 provisions
In qualifying civil actions and special proceedings, the clerk may order a survey of the land, appoint a surveyor, and set a reasonable fee if all parties benefit.
United States — North Carolina
1 provisions
The clerk of the superior court may set a reasonable fee for a commissioner’s services in certain superior court cases, and an aggrieved party may appeal.
United States — North Carolina
1 provisions
A person generally may not be arrested in a civil action, except as this Article allows; the rule does not apply to contempt proceedings.
United States — North Carolina
1 provisions
An entry on real estate is not valid as a claim unless an action is started within one year after the entry is made, and within the time required by the Chapter.
United States — North Carolina
1 provisions
A defendant may be arrested only in the listed kinds of civil actions and related fraud/property cases.
United States — North Carolina
1 provisions
A court or judge may issue an arrest order for the defendant if an affidavit shows a sufficient cause of action and the case fits this Article.
United States — North Carolina
1 provisions
Before making the order, the court or judge must require the plaintiff to give a written undertaking of at least $100 with surety, payable to the defendant.
United States — North Carolina
1 provisions
The order requires the sheriff to arrest the defendant, take bail, and return the order; it also gives an indigent arrested person the right to counsel and the ability to seek preliminary release.
United States — North Carolina
1 provisions
The affidavit and order of arrest must be delivered to the sheriff, and after the defendant is arrested, the sheriff must give the defendant a copy.
United States — North Carolina
1 provisions
The sheriff must execute the order by arresting the defendant and keeping him in custody until discharged by law.
United States — North Carolina
1 provisions
An order of arrest can be vacated or set aside on motion unless it was served on the defendant before judgment is docketed.
United States — North Carolina
1 provisions
A defendant arrested may ask the court to vacate the arrest order or reduce bail before judgment, and may deny the plaintiff’s facts under oath and request a jury trial on that issue.
United States — North Carolina
1 provisions
The plaintiff may oppose the motion with affidavits or other proof, but only when the defendant made the motion upon affidavits.
United States — North Carolina
1 provisions
The defendant must be released from arrest before execution if bail is given or the arrest-order amount is deposited.