North Carolina General Statutes 15A-1413. Trial judges empowered to act; assignment of motions for appropriate relief
Terms Used In North Carolina General Statutes 15A-1413
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- filed: means :
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) A motion for appropriate relief made pursuant to N.C. Gen. Stat. § 15A-1415 may be heard and determined in the trial division by any judge who (i) is empowered to act in criminal matters in the district court district as defined in N.C. Gen. Stat. § 7A-133 or superior court district or set of districts as defined in N.C. Gen. Stat. § 7A-41.1, as the case may be, in which the judgment was entered and (ii) is assigned pursuant to this section to review the motion for appropriate relief and take the appropriate administrative action to dispense with the motion.
(b) The judge who presided at the trial is empowered to act upon a motion for appropriate relief made pursuant to N.C. Gen. Stat. § 15A-1414 The judge may act even though the judge is in another district or even though the judge’s commission has expired; however, if the judge who presided at the trial is still unavailable to act, the senior resident superior court judge or the chief district court judge, as appropriate, shall assign a judge who is empowered to act under subsection (a) of this section.
(c) Repealed by Session Laws 2012-168, s. 2(a), effective December 1, 2012.
(d) All motions for appropriate relief filed in superior court shall, when filed, be referred to the senior resident superior court judge, who shall assign the motion as provided by this section for review and administrative action, including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order for subsequent events in the case, including disclosure of expert witness information described in N.C. Gen. Stat. § 15A-903(a)(2) and N.C. Gen. Stat. § 15A-905(c)(2) for expert witnesses reasonably expected to be called at a hearing on the motion, or other appropriate actions.
All motions for appropriate relief filed in district court shall, when filed, be referred to the chief district court judge, who shall assign the motion as provided by this section for review and administrative action, including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order for subsequent events in the case, or other appropriate actions.
(e) The assignment of a motion for appropriate relief filed under N.C. Gen. Stat. § 15A-1415 is in the discretion of the senior resident superior court judge or chief district court judge as appropriate. (1977, c. 711, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 71; 2012-168, s. 2(a); 2017-176, s. 1(a).)