§ 1-87. Transcript of removal; subsequent proceedings; depositions. - North Carolina Statutes

§1‑87.  Transcript of removal; subsequent proceedings; depositions.

(a)        When a cause isdirected to be removed, the clerk shall transmit to the court to which it isremoved a transcript of the record of the case, with the prosecution bond, bailbond, and the depositions, and all other written evidences filed therein; andall other proceedings shall be had in the county to which the place of trial ischanged, unless otherwise provided by the consent of the parties in writingduly filed, or by order of court.

(b)        After a cause hasbeen directed to be removed, and prior to the time that the transcript isdeposited with the court to which the cause is removed, depositions may betaken in the cause, and subpoenas for the attendance of witnesses andcommissions to take depositions may issue from either of the said courts, underthe same rules as if the cause had been originally commenced in the court fromwhich the subpoenas or commissions issued. (1806, c. 694, s. 12, P.R.;1810, c. 787, P.R.; R.C., c. 31, s. 118; C.C.P., s. 69; Code, ss. 195, 198;Rev., s. 428; C.S., c. 474; 1967, c. 954, s. 3.)