§ 7A-259. Transfer on judge's own motion. - North Carolina Statutes

§ 7A‑259.  Transferon judge's own motion.

(a)        If no party has moved for transfer within the time allowedto parties, any superior court judge who may hear and determine motions totransfer may order a transfer upon his own motion for the purpose of efficientadministration of the trial divisions at any time before the case is calendaredfor trial. Transfer is not made on the judge's own motion unless the pleadingsclearly show that the case is pending in an improper division. No hearing isheld on such transfers, but the parties are given prompt notice when transferis effected. Nothing in this section affects the power of the clerk to transfermatters and proceedings pending before him when an issue of fact is raised.

(b)        When a district court is established in a district, anysuperior court judge authorized to hear and determine motions to transfer may,on his own motion, subject to the requirements of subsection (a), transfer tothe district court cases pending in the superior court. (1965, c. 310, s. 1; 1967, c. 691, s. 23.)