§ 35A-1207. Motions in the cause. - North Carolina Statutes

§35A‑1207.  Motions in the cause.

(a)        Any interestedperson may file a motion in the cause with the clerk in the county where aguardianship is docketed to request modification of the order appointing aguardian or guardians or consideration of any matter pertaining to theguardianship.

(b)        The clerk shalltreat all such requests, however labeled, as motions in the cause.

(c)        A movant under thissection shall obtain from the clerk a time, date, and place for a hearing onthe motion, and shall serve the motion and notice of hearing on all otherparties and such other persons as the clerk directs as provided by G.S. 1A‑1,Rule 5 of the Rules of Civil Procedure, unless the clerk orders otherwise.

(d)        If the clerk findsreasonable cause to believe that an emergency exists that threatens thephysical well‑being of the ward or constitutes a risk of substantialinjury to the ward's estate, the clerk may enter an appropriate ex parte orderto address the emergency pending disposition of the matter at the hearing. (1987,c. 550, s. 1.)