§ 7A-223. Practice and procedure in small claim actions for summary ejectment. - North Carolina Statutes

§ 7A‑223.  Practiceand procedure in small claim actions for summary ejectment.

In any small claim action demanding summary ejectment or past due rent,or both, the complaint may be signed by an agent acting for the plaintiff whohas actual knowledge of the facts alleged in the complaint. If a small claimaction demanding summary ejectment is assigned to a magistrate, the practiceand procedure prescribed for commencement, form and service of process,assignment, pleadings, and trial in small claim actions generally are observed,except that if the defendant by written answer denies the title of theplaintiff, the action is placed on the civil issue docket of the district courtdivision for trial before a district judge. In such event, the clerk withdraws assignmentof the action from the magistrate and immediately gives written notice ofwithdrawal, by any convenient means, to the plaintiff and the magistrate towhom the action has been assigned. The plaintiff, within five days afterreceipt of the notice, and the defendant, in his answer, may request trial byjury. Failure to request jury trial within the time limited is a waiver of theright to trial by jury. (1965, c. 310, s. 1; 1967, c. 691, s. 21; 1971, c. 377, s. 12.)