North Carolina General Statutes 15A-773. Securing attendance of organizations; appearance
(a) The court attendance of an organization for purposes of commencing or prosecuting a criminal action against it may be accomplished by:
(1) Issuance and service of a criminal summons; or
Terms Used In North Carolina General Statutes 15A-773
- 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.
- 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.
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
(2) Issuance of an information and waiver of indictment by an authorized officer or agent of the organization and by counsel for the organization, as provided in N.C. Gen. Stat. § 15A-642(c); or
(3) Service of the notice of the indictment, as provided in G.S. 15A-630.
The criminal summons or notice of indictment must be directed to the organization, and must be served by delivery to an officer, director, managing or general agent, cashier or assistant cashier of the organization, or to any other agent of the organization authorized by appointment or by law to receive service of process.
(b) At all stages of a criminal action, an organization may appear by counsel or agent having authority to transact the business of the organization.
(c) For purposes of this section, “organization” means corporation, unincorporated association, partnership, body politic, consortium, or other group, entity, or organization. (1973, c. 1286, s. 1; 1977, c. 557.)