§ 7A-42. Sessions of superior court in cities other than county seats. - North Carolina Statutes

§ 7A‑42.  Sessionsof superior court in cities other than county seats.

(a)        Sessions of the superior court shall be held in each city inthe State which is not a county seat and which has a population of 35,000 ormore, according to the 1960 federal census.

(a1)      In addition to the sessions of superior court authorized bysubsection (a) of this section, sessions of superior court in the followingcounties may be held in the additional seats of court listed by order of theSenior Resident Superior Court Judge after consultation with the Chief DistrictCourt Judge:

                                                                                                            Additional

                                                County                                                 Seatsof Court

                                                Davidson                                              Thomasville

                                                Iredell                                                   Mooresville

The courtrooms and related judicial facilities for these sessions ofsuperior court may be provided by the municipality, and in such cases thefacilities fee collected for the State by the clerk of superior court shall beremitted to the municipality to assist in meeting the expense of providingthose facilities.

(b)        For the purpose of segregating the cases to be tried in anycity referred to in subsection (a), and to designate the place of trial, theclerk of superior court in any county having one or more such cities shall setup a criminal docket and a civil docket, which dockets shall indicate the casesand proceedings to be tried in each such city in his county. Such dockets shallbear the name of the city in which such sessions of court are to be held,followed by the word "Division." Summons in actions to be tried inany such city shall clearly designate the place of trial.

(c)        For the purpose of determining the proper place of trial ofany action or proceeding, whether civil or criminal, the county in which anycity described in subsection (a) is located shall be divided into divisions,and the territory embraced in the division in which each such city is locatedshall consist of the township in which such city lies and all contiguoustownships within such county, such division of the superior court to be knownby the name of such city followed by the word "Division." All othertownships of any such county shall constitute a division of the superior courtto be known by the name of the county seat followed by the word"Division." All laws, rules, and regulations now or hereafter inforce and effect in determining the proper venue as between the superior courtsof the several counties of the State shall apply for the purpose of determiningthe proper place of trial as between such divisions within such county and asbetween each of such divisions and any other county of the superior court inNorth Carolina.

(d)        The clerk of superior court of any county with an additionalseat of superior court may, but shall not be required to, hear matters in anyplace other than at his office at the county seat.

(e)        The grand jury for the several divisions of court of anycounty in which a city described in subsection (a) is located shall be drawnfrom the whole county, and may hold hearings and meetings at either the countyseat or elsewhere within the county as it may elect, or as it may be directedby the judge holding any session of superior court within such county;provided, however, that in arranging the sessions of the court for the trial ofcriminal cases for any county in which any such city is located a session ofone week or more shall be held at the county seat preceding any session of oneweek or more to be held in any such city, so as to facilitate the work of thegrand jury, and so as to confine its meetings to the county seat as fully asmay be practicable. All petit jurors for all sessions of court in the severaldivisions of such county shall be drawn, as now or hereafter provided by law,from the whole of the county in which any such city is located for all sessionsof courts in the several divisions of such county.

(f)         Special sessions of court for the trial of either civil orcriminal cases in any city described in subsection (a) may be arranged as bylaw now or hereafter provided for special sessions of the superior court.

(g)        All court records of all such divisions of the superiorcourt of any such county shall be kept in the office of the clerk of thesuperior court at the county seat, but they may be temporarily removed underthe direction and supervision of the clerk to any such division or divisions.No judgment or order rendered at any session held in any such city shall becomea lien upon or otherwise affect the title to any real estate within such countyuntil it has been docketed in the office of the clerk of the superior court atthe county seat as now or may hereafter be provided by law; provided, thatnothing herein shall affect the provisions of G.S. 1‑233 and the equitiestherein provided for shall be preserved as to all judgments and orders renderedat any session of the superior court in any such city.

(h)        It shall be the duty of the board of county commissioners ofthe county in which any such city is located to provide a suitable place forholding such sessions of court, and to provide for the payment of the extraexpense, if any, of the sheriff and his deputies in attending the sessions ofcourt of any such division, and the expense of keeping, housing and feedingprisoners while awaiting trial.

(i)         Notwithstanding the provisions of this section, whenexigent circumstances exist, sessions of superior court may be conducted at alocation outside a county seat by order of the Senior Resident Superior CourtJudge of a county, with the prior approval of the location and the facilitiesby the Administrative Office of the Courts and after consultation with the Clerkof Superior Court and county officials of the county. An order entered underthis subsection shall be filed in the office of the Clerk of Superior Court inthe county and posted at the courthouse within the county seat and notice shallbe posted in other conspicuous locations. The order shall be limited to suchsession or sessions as are approved by the Chief Justice of the Supreme Courtof North Carolina. (1943, c. 121;1969, c. 1190, s. 48; 1987 (Reg. Sess., 1988), c. 1037, s. 2.1; 1997‑304,s. 4.)