North Carolina General Statutes > Chapter 1 > Article 35 – Attachment
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Terms Used In North Carolina General Statutes > Chapter 1 > Article 35 - Attachment
- Accommodation bondsman: means a natural person who has reached the age of 18 years and is a bona fide resident of this State and who, aside from love and affection and release of the person concerned, receives no consideration for action as surety and who endorses the bail bond after providing satisfactory evidences of ownership, value, and marketability of real or personal property to the extent necessary to reasonably satisfy the official taking bond that such real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions thereof. See North Carolina General Statutes 15A-531
- Address of record: means :
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aggrieved person: means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. See North Carolina General Statutes 15A-286
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Arrestee: means any person arrested for an offense in N. See North Carolina General Statutes 15A-266.2
- attached: means , when referring to documents existing in paper form, physical attachment by staples, clips, or other mechanical means, or managed such that neither document is stored or delivered without the other. See North Carolina General Statutes 15A-101.1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney General: means the Attorney General of the State of North Carolina, unless otherwise specified. See North Carolina General Statutes 15A-286
- Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See North Carolina General Statutes 15A-286
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail agent: means any person who is licensed by the Commissioner as a surety bondsman under Article 71 of Chapter 58 of the N. See North Carolina General Statutes 15A-531
- Bail bond: means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount. See North Carolina General Statutes 15A-531
- Capital offense: A crime punishable by death.
- Chambers: A judge's office.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- CODIS: means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by federal, State and local forensic DNA laboratories. See North Carolina General Statutes 15A-266.2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contents: when used with respect to any wire, oral, or electronic communication means and includes any information concerning the substance, purport, or meaning of that communication. See North Carolina General Statutes 15A-286
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: includes a conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity or mental disease or defect. See North Carolina General Statutes 15A-266.2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Custodial Agency: means the governmental entity in possession of evidence collected as part of a criminal investigation or prosecution. See North Carolina General Statutes 15A-266.2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. See North Carolina General Statutes 15A-531
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- DNA: means deoxyribonucleic acid. See North Carolina General Statutes 15A-266.2
- Docket: A log containing brief entries of court proceedings.
- Document: means any pleading, criminal process, subpoena, complaint, motion, application, notice, affidavit, commission, waiver, consent, dismissal, order, judgment, or other writing intended in a criminal or contempt proceeding to authorize or require an action, to record a decision or to communicate or record information. See North Carolina General Statutes 15A-101.1
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, Internet, or similar capabilities. See North Carolina General Statutes 15A-101.1
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects interstate or foreign commerce but does not include:
- Electronic communication service: means any service which provides to users thereof the ability to send or receive wire or electronic communications. See North Carolina General Statutes 15A-286
- Electronic communication system: means any wire, radio, electronic, magnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the storage of such communications. See North Carolina General Statutes 15A-286
- Electronic Repository: means an automated electronic repository for criminal process created and maintained pursuant to N. See North Carolina General Statutes 15A-101.1
- Electronic storage: means :
- Electronic surveillance: means the interception of wire, oral, or electronic communications as provided by this Article. See North Carolina General Statutes 15A-286
- Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- FBI: means the Federal Bureau of Investigation. See North Carolina General Statutes 15A-266.2
- filed: means :
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insurance company: means any domestic, foreign, or alien surety company which has qualified under Chapter 58 of the N. See North Carolina General Statutes 15A-531
- Intercept: means the aural or other acquisition of the contents of any wire, oral, or electronic communication through the use of any electronic, mechanical, or other device. See North Carolina General Statutes 15A-286
- Investigative or law enforcement officer: means any officer of the State of North Carolina or any political subdivision thereof, who is empowered by the laws of this State to conduct investigations of or to make arrests for offenses enumerated in N. See North Carolina General Statutes 15A-286
- Judge: means any judge of the trial divisions of the General Court of Justice. See North Carolina General Statutes 15A-286
- Judicial review panel: means a three-judge body, composed of such judges as may be assigned by the Chief Justice of the Supreme Court of North Carolina, which shall review applications for electronic surveillance orders and may issue orders valid throughout the State authorizing such surveillance as provided by this Article, and which shall submit a report of its decision to the Chief Justice. See North Carolina General Statutes 15A-286
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juror: A person who is on the jury.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- NDIS: means the National DNA Index System that is the national DNA database system of DNA records that meet federal quality assurance and privacy standards. See North Carolina General Statutes 15A-266.2
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- nontestimonial identification: means identification by fingerprints, palm prints, footprints, measurements, blood specimens, urine specimens, saliva samples, hair samples, or other reasonable physical examination, handwriting exemplars, voice samples, photographs, and lineups or similar identification procedures requiring the presence of a suspect. See North Carolina General Statutes 15A-271
- Oath: A promise to tell the truth.
- oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but the term does not include any electronic communication. See North Carolina General Statutes 15A-286
- Original: means :
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Pen register: means a device which records or decodes electronic or other impulses which identify numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but the term does not include any device used by a provider or customer of a wire or electronic service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business, nor shall the term include any device which allows the listening or recording of communications transmitted on the telephone line to which the device is attached. See North Carolina General Statutes 15A-260
- Person: means any employee or agent of the United States or any state or any political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See North Carolina General Statutes 15A-286
- Personal property: All property that is not real property.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Professional bondsman: means any person who is approved and licensed by the Commissioner of Insurance under Article 71 of Chapter 58 of the N. See North Carolina General Statutes 15A-531
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Readily accessible to the general public: means , with respect to a radio communication, that the communication is not:
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recess: A temporary interruption of the legislative business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
- Service of process: The service of writs or summonses to the appropriate party.
- Signature: means any symbol, including, but not limited to, the name of an individual, which is executed by that individual, personally or through an authorized agent, with the intent to authenticate or to effect the issuance or entry of a document. See North Carolina General Statutes 15A-101.1
- state: shall include any territory of the United States and District of Columbia. See North Carolina General Statutes 15A-811
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- State DNA Databank: means the repository of DNA samples collected under the provisions of this Article. See North Carolina General Statutes 15A-266.2
- State DNA Database: means the Crime Laboratory's DNA identification record system to support law enforcement. See North Carolina General Statutes 15A-266.2
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- summons: shall include a subpoena, order or other notice requiring the appearance of a witness. See North Carolina General Statutes 15A-811
- Surety: means :
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See North Carolina General Statutes 15A-260
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- True bill: Another word for indictment.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- User: means any person or entity who:
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- Witness: as used in this Article shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See North Carolina General Statutes 15A-811
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.