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Chapter 1 - Civil Procedure.

• § 1-1. Remedies.
• § 1-2. Actions.
• § 1-3. Special proceedings.
• § 1-4. Kinds of actions.
• § 1-5. Criminal action.
• § 1-6. Civil action.
• § 1-7. When court means clerk.
• § 1-8. Remedies not merged.
• § 1-9. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-10. Plaintiff and defendant.
• § 1-11. How party may appear.
• § 1-12. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-13. Jurisdiction of clerk.
• § 1-14. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-15. Statute runs from accrual of action.
• § 1-15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act.
• § 1-16. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-17. Disabilities.
• § 1-18. Disability of marriage.
• § 1-19. Cumulative disabilities.
• § 1-20. Disability must exist when right of action accrues.
• § 1-21. Defendant out of State; when action begun or judgment enforced.
• § 1-22. Death before limitation expires; action by or against personal representative or collector.
• § 1-23. Time of stay by injunction or prohibition.
• § 1-24. Time during controversy on probate of will or granting letters.
• § 1-25. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-26. New promise must be in writing.
• § 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
• § 1-28. Undisclosed partner.
• § 1-29. Cotenants.
• § 1-30. Applicable to actions by State.
• § 1-31. Action upon a mutual, open and current account.
• § 1-32. Not applicable to bank bills.
• § 1-33. Actions against bank directors or stockholders.
• § 1-34. Aliens in time of war.
• § 1-35. Title against State.
• § 1-36. Title presumed out of State.
• § 1-37. Such possession valid against claimants under State.
• § 1-38. Seven years' possession under color of title.
• § 1-39. Seizin within twenty years necessary.
• § 1-40. Twenty years adverse possession.
• § 1-41. Action after entry.
• § 1-42. Possession follows legal title; severance of surface and subsurface rights.
• § 1-42.1. Certain ancient mineral claims extinguished in certain counties.
• § 1-42.2. Certain additional ancient mineral claims extinguished; oil, gas and mineral interests to be recorded and listed for taxation.
• § 1-42.3. Additional ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation in such counties.
• § 1-42.4. Additional ancient mineral claims extinguished in Ashe County; oil, gas and mineral interests to be recorded and listed for taxation.
• § 1-42.5. Additional ancient mineral claims extinguished in Avery County; oil, gas and mineral interests to be recorded in such county.
• § 1-42.6. Additional ancient oil, gas or mineral interests extinguished in Alleghany County; recording interests; listing interests for taxation.
• § 1-42.7. Additional amount mineral claims extinguished in Chatham County; oil, gas and mineral interests to be recorded and listed for taxation.
• § 1-42.8. Ancient mineral claims extinguished in Rutherford County; oil, gas and mineral interests to be recorded and listed for taxation.
• § 1-42.9. Ancient mineral claims extinguished in certain counties; oil, gas and mineral interests to be recorded and listed for taxation.
• § 1-43. Tenant's possession is landlord's.
• § 1-44. No title by possession of right-of-way.
• § 1-44.1. Presumption of abandonment of railroad right-of-way.
• § 1-44.2. Presumptive ownership of abandoned railroad easements.
• § 1-45. No title by possession of public ways.
• § 1-45.1. No adverse possession of property subject to public trust rights.
• § 1-46. Periods prescribed.
• § 1-46.1. Twelve years.
• § 1-47. Ten years.
• § 1-48. Transferred to § 1-54, subdivision (6), by Session Laws 1951, c. 837, s. 2.
• § 1-49. Seven years.
• § 1-50. Six years.
• § 1-51. Five years.
• § 1-52. Three years.
• § 1-53. Two years.
• § 1-54. One year.
• § 1-54.1. Two months.
• § 1-55. Six months.
• § 1-56. All other actions, 10 years.
• § 1-57. Real party in interest; grantees and assignees.
• § 1-58. Suits for penalties.
• § 1-59. Suit for penalty, plaintiff may reply fraud to plea of release.
• § 1-60. Suit on bonds; defendant may plead satisfaction.
• § 1-61. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-62. Action by purchaser under judicial sale.
• §§ 1-63 through 1-64. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-65 through 1-65.4. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-65.5. Repealed by Session Laws 1969, c. 895, s. 19.
• §§ 1-66 through 1-69. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-69.1. Unincorporated associations and partnerships; suit by or against.
• §§ 1-70 through 1-71. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-72. Persons jointly liable.
• § 1-72.1. Procedure to assert right of access.
• §§ 1-73 through 1-75. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-75.1. Legislative intent.
• § 1-75.2. Definitions.
• § 1-75.3. Jurisdictional requirements for judgments against persons, status and things.
• § 1-75.4. Personal jurisdiction, grounds for generally.
• § 1-75.5. Joinder of causes in the same action.
• § 1-75.6. Personal jurisdiction - Manner of exercising by service of process.
• § 1-75.7. Personal jurisdiction - Grounds for without service of summons.
• § 1-75.8. Jurisdiction in rem or quasi in rem - Grounds for generally.
• § 1-75.9. Jurisdiction in rem or quasi in rem - Manner of exercising.
• § 1-75.10. Proof of service of summons, defendant appearing in action.
• § 1-75.11. Judgment against nonappearing defendant, proof of jurisdiction.
• § 1-75.12. Stay of proceeding to permit trial in a foreign jurisdiction.
• § 1-76. Where subject of action situated.
• § 1-76.1. Where deficiency debtor resides or where loan was negotiated.
• § 1-77. Where cause of action arose.
• § 1-78. Official bonds, executors and administrators.
• § 1-79. Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships.
• § 1-80. Foreign corporations.
• § 1-81. Actions against railroads.
• § 1-81.1. Venue in apportionment or redistricting cases.
• § 1-82. Venue in all other cases.
• § 1-83. Change of venue.
• § 1-84. Removal for fair trial.
• § 1-85. Affidavits on hearing for removal; when removal ordered.
• § 1-86. Repealed by Session Laws 1967, c. 218, s. 4.
• § 1-87. Transcript of removal; subsequent proceedings; depositions.
• § 1-87.1. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-88 through 1-91. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-92 through 1-93. Repealed by Session Laws 1971, c. 268, s. 34.
• §§ 1-94 through 1-98. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-98.1 through 1-98.4. Repealed by Session Laws 1971, c. 1093, s. 19.
• § 1-99. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-99.1 through 1-99.4. Repealed by Session Laws 1971, c. 1093, s. 19.
• §§ 1-100 through 1-104. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-105. Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles.
• § 1-105.1. Service on residents who establish residence outside the State and on residents who depart from the State.
• §§ 1-106 through 1-107.3. Repealed by Session laws 1967, c. 954, s. 4.
• § 1-108. Defense after judgment set aside.
• § 1-109. Bond required of plaintiff for costs.
• § 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates.
• § 1-111. Defendant's, for costs and damages in actions for land.
• § 1-112. Defense without bond.
• § 1-113. Defendants jointly or severally liable.
• § 1-114. Summoned after judgment; defense.
• § 1-115: Repealed by Session Laws 1969, c. 954, s. 4.
• § 1-116. Filing of notice of suit.
• § 1-116.1. Service of notice.
• § 1-117. Cross-index of lis pendens.
• § 1-118. Effect on subsequent purchasers.
• § 1-119. Notice void unless action prosecuted.
• § 1-120. Cancellation of notice.
• § 1-120.1. Article applicable to suits in federal courts.
• § 1-120.2. Filing of notice by cities and counties in certain cases.
• §§ 1-121 through 1-123: Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-124 through 1-126. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-127 through 1-134. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-134.1 through 1-138. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-139. Burden of proof of contributory negligence.
• §§ 1-140 through 1-142. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-143 through 1-147. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-148. Verification before what officer.
• § 1-149. When verification omitted; use in criminal prosecutions.
• §§ 1-150 through 1-160. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-161 through 1-163. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-164. Amendment changing nature of action or relief; effect.
• § 1-165. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-166. Defendant sued in fictitious name; amendment.
• §§ 1-167 through 1-169. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-169.1 through 1-169.6. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-170 through 1-173. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-174: Repealed by Session Laws 1999-216, s.2.
• §§ 1-175 through 1-179. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-180. Repealed by Session Laws 1977, c. 711, s. 33.
• § 1-180.1. Judge not to comment on verdict.
• § 1-181. Requests for special instructions.
• § 1-181.1. View by jury.
• § 1-181.2. Use of evidence by the jury.
• § 1-182. Repealed by Session Laws 1977, c. 776.
• § 1-183. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-183.1. Effect on counterclaim of dismissal as to plaintiff's claim.
• §§ 1-184 through 1-185. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-186. Exceptions to decision of court.
• § 1-187. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-188 through 1-195. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-196 through 1-200. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-201. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-202. Special controls general.
• §§ 1-203 through 1-207. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-208. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-208.1. Judgment docket, judgment and docket book defined.
• § 1-209. Judgments authorized to be entered by clerk; sale of property; continuance pending sale; writs of assistance and possession.
• § 1-209.1. Petitioner who abandons condemnation proceeding taxed with fee for respondent's attorney.
• § 1-209.2. Voluntary nonsuit by petitioner in condemnation proceeding.
• § 1-210. Return of execution; order for disbursement of proceeds.
• §§ 1-211 through 1-215. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-215.1. Judgments or orders not rendered on Mondays validated.
• § 1-215.2. Time within which judgments or orders signed on days other than Mondays may be attacked.
• § 1-215.3. Validation of conveyances pursuant to orders made on days other than Mondays.
• § 1-216. Repealed by Session Laws 1943, c. 301, s. 3.
• § 1-217. Certain default judgments validated.
• § 1-217.1. Judgments based on summons erroneously designated alias or pluries validated.
• § 1-217.2. Judgments by default to remove cloud from title to real estate validated.
• §§ 1-218 through 1-222. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-223. Against married persons.
• §§ 1-224 through 1-227. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-228. Regarded as a deed and registered.
• § 1-229. Certified registered copy evidence.
• § 1-230. In action for recovery of personal property.
• § 1-231. What judge approves judgments.
• § 1-232. Judgment roll.
• § 1-233. Docketed and indexed.
• § 1-234. Where and how docketed; lien.
• § 1-235. Of appellate division docketed in superior court; lien.
• § 1-236. Repealed by Session Laws 1971, c. 268, s. 34.
• § 1-236.1. Transcripts of judgments certified by deputy clerks validated.
• § 1-237. Judgments of federal courts docketed; lien on property; recordation; conformity with federal law.
• § 1-238. Repealed by Session Laws 1943, c. 543.
• § 1-239. Paid to clerk; docket credited; transcript to other counties; notice to attorney for judgment creditor; judgment creditor to give notice of payment; entry of payment on docket; penalty for fa
• § 1-239.1. Records of cancellation, assignment, etc., of judgments recorded by photographic process.
• § 1-240. Repealed by Session Laws 1967, c. 847, s. 2.
• § 1-241. Clerk to pay money to party entitled.
• § 1-242. Credits upon judgments.
• § 1-243. For money due on judicial sale.
• § 1-244. Repealed by Session Laws 1971, c. 268, s. 34.
• § 1-245. Cancellation of judgments discharged through bankruptcy proceedings.
• § 1-246. Assignment of judgment to be entered on judgment docket, signed and witnessed.
• §§ 1-247 through 1-249. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-250 through 1-252. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-253. Courts of record permitted to enter declaratory judgments of rights, status and other legal relations.
• § 1-254. Courts given power of construction of all instruments.
• § 1-255. Who may apply for a declaration.
• § 1-256. Enumeration of declarations not exclusive.
• § 1-257. Discretion of court.
• § 1-258. Review.
• § 1-259. Supplemental relief.
• § 1-260. Parties.
• § 1-261. Jury trial.
• § 1-262. Hearing before judge where no issues of fact raised or jury trial waived; what judge may hear.
• § 1-263. Costs.
• § 1-264. Liberal construction and administration.
• § 1-265. Word "person" construed.
• § 1-266. Uniformity of interpretation.
• § 1-267. Short title.
• § 1-267.1. Three-judge panel for actions challenging plans apportioning or redistricting State legislative or congressional districts.
• § 1-267.10. Distribution of unpaid residuals in class action litigation.
• § 1-268. Writs of error abolished.
• § 1-269. Certiorari, recordari, and supersedeas.
• § 1-270. Appeal to appellate division; security on appeal; stay.
• § 1-271. Who may appeal.
• §§ 1-272 through 1-276: Repealed by Session Laws 1999-216, s. 2.
• § 1-277. Appeal from superior or district court judge.
• § 1-278. Interlocutory orders reviewed on appeal from judgment.
• § 1-279. Repealed by Session Laws 1989, c.377, s. 1.
• § 1-279.1. Manner and time for giving notice of appeal to appellate division in civil actions and in special proceedings.
• § 1-280. Repealed by Session Laws 1975, c. 391, s. 4.
• § 1-281. Appeals from judgments not in session.
• § 1-282. Repealed by Session Laws 1975, c. 391, s. 7.
• § 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of disability.
• § 1-284. Repealed by Session Laws 1975, c. 391, s. 9.
• § 1-285. Undertaking on appeal.
• § 1-286. Justification of sureties.
• § 1-287. Repealed by Session Laws 1975, c. 391, s. 2.
• § 1-287.1. Repealed by Session Laws 1975, c. 391, s. 10.
• § 1-288. Appeals by indigents; clerk's fees.
• § 1-289. Undertaking to stay execution on money judgment.
• § 1-290. How judgment for personal property stayed.
• § 1-291. How judgment directing conveyance stayed.
• § 1-292. How judgment for real property stayed.
• § 1-293. Docket entry of stay.
• § 1-294. Scope of stay; security limited for fiduciaries.
• § 1-295. Undertaking in one or more instruments; served on appellee.
• § 1-296. Judgment not vacated by stay.
• § 1-297. Judgment on appeal and on undertakings; restitution.
• § 1-298. Procedure after determination of appeal.
• §§ 1-299 through 1-301: Repealed by Session Laws 1971, c. 268, s. 34.
• § 1-301.1. Appeal of clerk's decision in civil actions.
• § 1-301.2. Transfer or appeal of special proceedings; exceptions.
• § 1-301.3. Appeal of estate matters determined by clerk.
• § 1-302. Judgment enforced by execution.
• § 1-303. Kinds of; signed by clerk; when sealed.
• § 1-304. Against married woman.
• § 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance.
• § 1-306. Enforcement as of course.
• § 1-307. Issued from and returned to court of rendition.
• § 1-308. To what counties issued.
• § 1-309. Sale of land under execution.
• § 1-310. When dated and returnable.
• § 1-311. Against the person.
• § 1-312. Rights against property of defendant dying in execution.
• § 1-313. Form of execution.
• § 1-314. Variance between judgment and execution.
• § 1-315. Property liable to sale under execution; bill of sale.
• § 1-316. Sale of trust estates; purchaser's title.
• § 1-317. Sheriff's deed on sale of equity of redemption.
• § 1-318. Forthcoming bond for personal property.
• § 1-319. Procedure on giving bond; subsequent levies.
• § 1-320. Summary remedy on forthcoming bond.
• § 1-321. Entry of returns on judgment docket; penalty.
• § 1-322. Cost of keeping livestock; officer's account.
• § 1-323. Purchaser of defective title; remedy against defendant.
• § 1-324. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-324.1. Judgment against corporation; property subject to execution.
• § 1-324.2. Agent must furnish information as to corporate officers and property.
• § 1-324.3. Shares subject to execution; agent must furnish information.
• § 1-324.4. Debts due corporation subject to execution; duty, etc., of agent.
• § 1-324.5. Violations of three preceding sections misdemeanor.
• § 1-324.6. Proceedings when custodian of corporate books is a nonresident.
• § 1-324.7. Duty and liability of nonresident custodian.
• §§ 1-325 through 1-328. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-329. Transferred to § 1-339.72 by Session Laws 1949, c. 719, s. 3.
• § 1-330. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-331. Transferred to § 1-339.73 by Session Laws 1949, c. 719, s. 3.
• § 1-332. Transferred to § 1-339.74 by Session Laws 1949, c. 719, s. 3.
• §§ 1-333 through 1-334. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-335. Transferred to § 1-339.75 by Session Laws 1949, c. 719, s. 3.
• § 1-336. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-337. Transferred to § 1-339.49 by Session Laws 1949, c. 719, s. 2.
• § 1-338. Transferred to § 1-339.50 by Session Laws 1949, c. 719, s. 2.
• § 1-339. Repealed by Session Laws 1949, c. 719, s. 2.
• § 1-339.1. Definitions.
• § 1-339.2. Application of Part 1.
• § 1-339.3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.
• § 1-339.3A. Judge or clerk may order public or private sale.
• § 1-339.4. Who may hold sale.
• § 1-339.5. Days on which sale may be held.
• § 1-339.6. Place of public sale.
• § 1-339.7. Presence of personal property at public sale required.
• § 1-339.8. Public sale of separate tracts in different counties.
• § 1-339.9. Sale as a whole or in parts.
• § 1-339.10. Bond of person holding sale.
• § 1-339.11. Compensation of person holding sale.
• § 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding.
• § 1-339.13. Public sale; order of sale.
• § 1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure.
• § 1-339.14. Public sale; judge's approval of clerk's order of sale.
• § 1-339.15. Public sale; contents of notice of sale.
• § 1-339.16. Public sale; time for beginning advertisement.
• § 1-339.17. Public sale; posting and publishing notice of sale of real property.
• § 1-339.18. Public sale; posting notice of sale of personal property.
• § 1-339.19. Public sale; exception; perishable property.
• § 1-339.20. Public sale; postponement of sale.
• § 1-339.21. Public sale by auction; time of sale.
• § 1-339.22. Public sale by auction; continuance of uncompleted sale.
• § 1-339.23. Public sale; when confirmation of sale of personal property necessary; delivery of property; bill of sale.
• § 1-339.24. Public sale; report of sale; when final as to personal property.
• § 1-339.25. Public sale; upset bid on real property; compliance bond.
• § 1-339.26. Public sale by auction; separate upset bids when real property sold in parts; subsequent procedure.
• § 1-339.27: Repealed by Session Laws 2001-271, s. 6.
• § 1-339.27A. Ordering resale of real property after sale or upset bid.
• § 1-339.28. Public sale; confirmation of sale.
• § 1-339.29. Public sale; real property; deed; order for possession.
• § 1-339.30. Public sale; failure of bidder to make cash deposit or to comply with bid; resale.
• § 1-339.31. Public sale; report of commissioner or trustee in deed of trust.
• § 1-339.32. Public sale; final report of person, other than commissioner or trustee in deed of trust.
• § 1-339.33. Private sale; order of sale.
• § 1-339.34. Private sale; exception; certain personal property.
• § 1-339.35. Private sale; report of sale.
• § 1-339.36. Private sale; upset bid; subsequent procedure.
• § 1-339.37. Private sale; confirmation.
• § 1-339.38. Private sale; real property; deed; order for possession.
• § 1-339.39. Private sale; personal property; delivery; bill of sale.
• § 1-339.40. Private sale; final report.
• § 1-339.41. Definitions.
• § 1-339.42. Clerk's authority to fix procedural details.
• § 1-339.43. Days on which sale may be held.
• § 1-339.44. Place of sale.
• § 1-339.45. Presence of personal property at sale required.
• § 1-339.46. Sale as a whole or in parts.
• § 1-339.47. Sale to be made for cash.
• § 1-339.48. Life of execution.
• § 1-339.49. Penalty for selling contrary to law.
• § 1-339.50. Officer's return of no sale for want of bidders; penalty.
• § 1-339.51. Contents of notice of sale.
• § 1-339.52. Posting and publishing notice of sale of real property.
• § 1-339.53. Posting notice of sale of personal property.
• § 1-339.54. Notice to judgment debtor of sale of real property.
• § 1-339.55. Notification of Governor and Attorney General.
• § 1-339.56. Exception; perishable property.
• § 1-339.57. Satisfaction of judgment before sale completed.
• § 1-339.58. Postponement of sale.
• § 1-339.59. Procedure upon dissolution of order restraining or enjoining sale.
• § 1-339.60. Time of sale.
• § 1-339.61. Continuance of uncompleted sale.
• § 1-339.62. Delivery of personal property; bill of sale.
• § 1-339.63. Report of sale.
• § 1-339.64. Upset bid on real property; compliance bond.
• § 1-339.65. Separate upset bids when real property sold in parts; subsequent procedure.
• § 1-339.66: Repealed by Session Laws 2001-271, s. 16.
• § 1-339.66A. Ordering resale of real property after upset bid.
• § 1-339.67. Confirmation of sale of real property.
• § 1-339.68. Deed for real property sold; property subject to liens; orders for possession.
• § 1-339.69. Failure of bidder to comply with bid; resale.
• § 1-339.70. Disposition of proceeds of sale.
• § 1-339.71. Special proceeding to determine ownership of surplus.
• § 1-339.72. Validation of certain sales.
• § 1-339.73. Ratification of certain sales held on days other than the day required by statute.
• § 1-339.74. Sales on other days validated.
• § 1-339.75. Certain sales validated.
• § 1-339.76. Validation of sales when payment deferred more than two years.
• § 1-339.77. Validation of certain sales confirmed prior to time prescribed by law.
• § 1-340. Petition by claimant; execution suspended; issues found.
• § 1-341. Annual value of land and waste charged against defendant.
• § 1-342. Value of improvements estimated.
• § 1-343. Improvements to balance rents.
• § 1-344. Verdict, judgment, and lien.
• § 1-345. Life tenant recovers from remainderman.
• § 1-346. Value of premises without improvements.
• § 1-347. Plaintiff's election that defendant take premises.
• § 1-348. Payment made to court; land sold on default.
• § 1-349. Procedure where plaintiff is under disability.
• § 1-350. Defendant evicted, may recover from plaintiff.
• § 1-351. Not applicable to suit by mortgagee.
• § 1-352. Execution unsatisfied, debtor ordered to answer.
• § 1-352.1. Interrogatories to discover assets.
• § 1-352.2. Additional method of discovering assets.
• § 1-353. Property withheld from execution; proceedings.
• § 1-354. Proceedings against joint debtors.
• § 1-355. Debtor leaving State, or concealing himself, arrested; bond.
• § 1-356. Examination of parties and witnesses.
• § 1-357. Incriminating answers not privileged; not used in criminal proceedings.
• § 1-358. Disposition of property forbidden.
• § 1-359. Debtors of judgment debtor may satisfy execution.
• § 1-360. Debtors of judgment debtor may be summoned.
• § 1-360.1. Execution on the property of debtors of judgment debtor.
• § 1-361. Where proceedings instituted and defendant examined.
• § 1-362. Debtor's property ordered sold.
• § 1-363. Receiver appointed.
• § 1-364. Filing and record of appointment; property vests in receiver.
• § 1-365. Where order of appointment recorded.
• § 1-366. Receiver to sue debtors of judgment debtor.
• § 1-367. Reference.
• § 1-368. Disobedience of orders punished as for contempt.
• §§ 1-369 through 1-392: Repealed by Session Laws 1981, c.490.
• § 1-393. Chapter and Rules of Civil Procedure applicable to special proceedings.
• § 1-394. Contested special proceedings; commencement; summons.
• § 1-394.1. Special proceedings to determine authority to transfer structured settlement payment rights.
• § 1-395. Return of summons.
• § 1-396. When complaint filed.
• § 1-397. Repealed by Session Laws 1943, c. 543.
• § 1-398. Filing time enlarged.
• § 1-399. Repealed by Session Laws 1999-216, s.2.
• § 1-400. Ex parte; commenced by petition.
• § 1-401. Clerk acts summarily; signing by petitioners; authorization to attorney.
• § 1-402. Judge approves when petitioner is infant.
• § 1-403. Orders signed by judge.
• § 1-404. Reports of commissioners and jurors.
• § 1-405. No report set aside for trivial defect.
• § 1-406. Commissioner of sale to account in sixty days.
• § 1-407. Commissioner holding proceeds of land sold for reinvestment to give bond.
• § 1-407.1. Bond required to protect interest of infant or incompetent.
• § 1-407.2. When court may waive bond; premium paid from fund protected.
• § 1-408. Action in which clerk may allow fees of commissioners; fees taxed as costs.
• § 1-408.1. Clerk may order surveys in civil actions and special proceedings involving sale of land.
• § 1-409. Arrest only as herein prescribed.
• § 1-410. In what cases arrest allowed.
• § 1-411. Order and affidavit.
• § 1-412. Undertaking before order.
• § 1-413. Issuance and form of order.
• § 1-414. Copies of affidavit and order to defendant.
• § 1-415. Execution of order.
• § 1-416. Vacation of order for failure to serve.
• § 1-417. Motion to vacate order; jury trial.
• § 1-418. Counter affidavits by plaintiff.
• § 1-419. How defendant discharged.
• § 1-420. Defendant's undertaking.
• § 1-421. Defendant's undertaking delivered to clerk; exception.
• § 1-422. Notice of justification; new bail.
• § 1-423. Qualifications of bail.
• § 1-424. Justification of bail.
• § 1-425. Allowance of bail.
• § 1-426. Deposit in lieu of bail.
• § 1-427. Deposit paid into court; liability on sheriff's bond.
• § 1-428. Bail substituted for deposit.
• § 1-429. Deposit applied to plaintiff's judgment.
• § 1-430. Defendant in jail, sheriff may take bail.
• § 1-431. When sheriff liable as bail.
• § 1-432. Action on sheriff's bond.
• § 1-433. Bail exonerated.
• § 1-434. Surrender of defendant.
• § 1-435. Bail may arrest defendant.
• § 1-436. Proceedings against bail by motion.
• § 1-437. Liability of bail to sheriff.
• § 1-438. When bail to pay costs.
• § 1-439. Bail not discharged by amendment.
• § 1-440. Superseded by Session Laws 1947, c. 693, codified as § 1- 440.1 et seq.
• § 1-440.1. Nature of attachment.
• § 1-440.2. Actions in which attachment may be had.
• § 1-440.3. Grounds for attachment.
• § 1-440.4. Property subject to attachment.
• § 1-440.5. By whom order issued; when and where; filing of bond and affidavit.
• § 1-440.6. Time of issuance with reference to summons or service by publication.
• § 1-440.7. Time within which service of summons or service by publication must be had.
• § 1-440.8. General provisions relative to bonds.
• § 1-440.9. Authority of court to fix procedural details.
• § 1-440.10. Bond for attachment.
• § 1-440.11. Affidavit for attachment; amendment.
• § 1-440.12. Order of attachment; form and contents.
• § 1-440.13. Additional orders of attachment at time of original order; alias and pluries orders.
• § 1-440.14. Notice of issuance of order of attachment when no personal service.
• § 1-440.15. Method of execution.
• § 1-440.16. Sheriff's return.
• § 1-440.17. Levy on real property.
• § 1-440.18. Levy on tangible personal property in defendant's possession.
• § 1-440.19. Levy on stock in corporation.
• § 1-440.20. Levy on goods in warehouses.
• § 1-440.21. Nature of garnishment.
• § 1-440.22. Issuance of summons to garnishee.
• § 1-440.23. Form of summons to garnishee.
• § 1-440.24. Form of notice of levy in garnishment proceeding.
• § 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee.
• § 1-440.26. To whom garnishment process may be delivered when garnishee is corporation.
• § 1-440.27. Failure of garnishee to appear.
• § 1-440.28. Admission by garnishee; setoff; lien.
• § 1-440.29. Denial of claim by garnishee; issues of fact.
• § 1-440.30. Time of jury trial.
• § 1-440.31. Payment to defendant by garnishee.
• § 1-440.32. Execution against garnishee.
• § 1-440.33. When lien of attachment begins; priority of liens.
• § 1-440.34. Effect of defendant's death after levy.
• § 1-440.35. Sheriff's liability for care of attached property; expense of care.
• § 1-440.36. Dissolution of the order of attachment.
• § 1-440.37. Modification of the order of attachment.
• § 1-440.38. Stay of order dissolving or modifying an order of attachment.
• § 1-440.39. Discharge of attachment upon giving bond.
• § 1-440.40. Defendant's objection to bond or surety.
• § 1-440.41. Defendant's remedies not exclusive.
• § 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.
• § 1-440.43. Remedies of third person claiming attached property or interest therein.
• § 1-440.44. When attached property to be sold before judgment.
• § 1-440.45. When defendant prevails in principal action.
• § 1-440.46. When plaintiff prevails in principal action.
• §§ 1-440.47 through 1-440.56: Repealed by Session Laws 1971, c. 268, s. 34.
• § 1-440.57: Repealed by Session Laws 1971, c. 268, s. 34.
• §§ 1-441 through 1-471: Superseded by Session Laws 1947, c. 693, codified as §§ 1-440.1 through 1-440.57.
• § 1-472. Claim for delivery of personal property.
• § 1-473. Affidavit and requisites.
• § 1-474. Order of seizure and delivery to plaintiff.
• § 1-474.1. Notice of hearing; waiver; permissible form of notice and waiver.
• § 1-475. Plaintiff's undertaking.
• § 1-476. Sheriff's duties.
• § 1-477. Exceptions to undertaking; liability of sheriff.
• § 1-478. Defendant's undertaking for replevy.
• § 1-479. Qualification and justification of defendant's sureties.
• § 1-480. Property concealed in buildings.
• § 1-481. Care and delivery of seized property.
• § 1-482. Property claimed by third person; proceedings.
• § 1-483. Delivery of property to intervener.
• § 1-484. Sheriff to return papers in 10 days.
• § 1-484.1. Remedy not exclusive.
• § 1-485. When preliminary injunction issued.
• § 1-486. When solvent defendant restrained.
• § 1-487. Timberlands, trial of title to.
• § 1-488. When timber may be cut.
• §§ 1-489 through 1-492. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-493. What judges have jurisdiction.
• § 1-494. Before what judge returnable.
• § 1-495. Stipulation as to judge to hear.
• §§ 1-496 through 1-497. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-498. Application to extend, modify, or vacate; before whom heard.
• § 1-499. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-500. Restraining orders and injunctions in effect pending appeal; indemnifying bond.
• § 1-501. What judge appoints.
• § 1-502. In what cases appointed.
• § 1-502.1. Applicant for receiver to furnish bond to adverse party.
• § 1-503. Appointment refused on bond being given.
• § 1-504. Receiver's bond.
• § 1-505. Sale of property in hands of receiver.
• § 1-506. Repealed by Session Laws 1955, c. 399, s. 2.
• § 1-507. Validation of sales made outside county of action.
• § 1-507.1. Appointment and removal.
• § 1-507.2. Powers and bond.
• § 1-507.3. Title and inventory.
• § 1-507.4. Foreclosure by receivers and trustees of corporate mortgagees or grantees.
• § 1-507.5. May send for persons and papers; penalty for refusing to answer.
• § 1-507.6. Proof of claims; time limit.
• § 1-507.7. Report on claims to court; exceptions and jury trial.
• § 1-507.8. Property sold pending litigation.
• § 1-507.9. Compensation and expenses; counsel fees.
• § 1-507.10. Debts provided for, receiver discharged.
• § 1-507.11. Reorganization.
• § 1-508. Ordered paid into court.
• § 1-509. Ordered seized by sheriff.
• § 1-510. Defendant ordered to satisfy admitted sum.
• §§ 1-511 through 1-513. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-514. Writs of sci. fa. and quo warranto abolished.
• § 1-515. Action by Attorney General.
• § 1-516. Action by private person with leave.
• § 1-517. Solvent sureties required.
• § 1-518. Leave withdrawn and action dismissed for insufficient bond.
• § 1-519. Arrest and bail of defendant usurping office.
• § 1-520. Several claims tried in one action.
• § 1-521. Trials expedited.
• § 1-522. Time for bringing action.
• § 1-523. Defendant's undertaking before answer.
• § 1-524. Possession of office not disturbed pending trial.
• § 1-525. Judgment by default and inquiry on failure of defendant to give bond.
• § 1-526. Service of summons and complaint.
• § 1-527. Judgment in such actions.
• § 1-528. Mandamus to aid relator.
• § 1-529. Appeal; bonds of parties.
• § 1-530. Relator inducted into office; duty.
• § 1-531. Refusal to surrender official papers misdemeanor.
• § 1-532. Action to recover property forfeited to State.
• § 1-533. Remedy and judgment.
• § 1-534. For and against whom action lies.
• § 1-535. Tenant in possession liable.
• § 1-536. Action by tenant against cotenant.
• § 1-537. Action by heirs.
• § 1-538. Judgment for treble damages and possession.
• § 1-538.1. Strict liability for damage to person or property by minors.
• § 1-538.2. Civil liability for larceny, shoplifting, theft by employee, embezzlement, and obtaining property by false pretense.
• § 1-538.3. Negligent supervision of minor.
• § 1-539. Remedy for nuisance.
• § 1-539.1. Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
• § 1-539.2. Dismantling portion of building.
• § 1-539.2A. Damages for computer trespass.
• § 1-539.2B. Double damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.
• § 1-539.2C. Damages for identity theft.
• §§ 1-539.3 through 1-539.8: Repealed by Session Laws 1971, c. 268, s. 34.
• § 1-539.9. Defense abolished as to actions arising after September 1, 1967.
• § 1-539.10. Immunity from civil liability for volunteers.
• § 1-539.11. Definitions.
• § 1-539.12. Immunity from civil liability for employers disclosing information.
• § 1-539.13. Reserved for future codification purposes.
• § 1-539.14. Reserved for future codification purposes.
• § 1-539.15: Repealed by Session Laws 1981, c. 777, s. 1.
• § 1-539.16. Notice of claims against local units of government.
• § 1-539.17. Reserved for future codification purposes.
• § 1-539.18. Reserved for future codification purposes.
• § 1-539.19. Reserved for future codification purposes.
• § 1-539.20. Reserved for future codification purposes.
• § 1-539.21. Abolition of parent-child immunity in motor vehicle cases.
• § 1-539.22. Reserved for future codification purposes.
• § 1-539.23. Reserved for future codification purposes.
• § 1-539.24. Reserved for future codification purposes.
• § 1-539.25. Expired October 1, 2000 (see previous document versions for former law).
• § 1-539.26. Expired October 1, 2000. (see previous document versions for former law)
• § 1-540. By agreement receipt of less sum is discharge.
• § 1-540.1. Effect of release of original wrongdoer on liability of physicians and surgeons for malpractice.
• § 1-540.2. Settlement of property damage claims arising from motor vehicle collisions or accidents; same not to constitute admission of liability, nor bar party seeking damages for bodily injury or de
• § 1-540.3. Advance payments.
• §§ 1-541 through 1-543. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-543.1. Service of order of tender; return.
• § 1-543.2. Reserved for future codification purposes.
• § 1-543.3. Reserved for future codification purposes.
• § 1-543.4. Reserved for future codification purposes.
• § 1-543.5. Reserved for future codification purposes.
• § 1-543.6. Reserved for future codification purposes.
• § 1-543.7. Reserved for future codification purposes.
• § 1-543.8. Reserved for future codification purposes.
• § 1-543.9. Reserved for future codification purposes.
• § 1-543.10. Title.
• § 1-543.11. Definitions.
• § 1-543.12. Structured settlement payment rights.
• § 1-543.13. Jurisdiction.
• § 1-543.14. Procedure for approval of transfers.
• § 1-543.15. No waiver; penalties.
• §§ 1-544 through 1-567. Repealed by Session Laws 1973, c. 676, s. 1.
• §§ 1-567.1 through 1-567.20: Repealed by Session Laws 2003-345, s. 1, effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date.
• § 1-567.21. Reserved for future codification purposes.
• § 1-567.22. Reserved for future codification purposes.
• § 1-567.23. Reserved for future codification purposes.
• § 1-567.24. Reserved for future codification purposes.
• § 1-567.25. Reserved for future codification purposes.
• § 1-567.26. Reserved for future codification purposes.
• § 1-567.27. Reserved for future codification purposes.
• § 1-567.28. Reserved for future codification purposes.
• § 1-567.29. Reserved for future codification purposes.
• § 1-567.30. Preamble and short title.
• § 1-567.31. Scope of application.
• § 1-567.32. Definitions and rules of interpretation.
• § 1-567.33. Receipt of written communications or submissions.
• § 1-567.33A. Severability.
• § 1-567.34. Waiver of right to object.
• § 1-567.35. Extent of court intervention.
• § 1-567.36. Venue and jurisdiction of courts.
• § 1-567.37. Definition and form of arbitration agreement.
• § 1-567.38. Arbitration agreement and substantive claim before court.
• § 1-567.39. Interim relief and the enforcement of interim measures.
• § 1-567.40. Number of arbitrators.
• § 1-567.41. Appointment of arbitrators.
• § 1-567.42. Grounds for challenge.
• § 1-567.43. Challenge procedure.
• § 1-567.44. Failure or impossibility to act.
• § 1-567.45. Appointment of substitute arbitrator.
• § 1-567.46. Competence of arbitral tribunal to rule on its jurisdiction.
• § 1-567.47. Power of arbitral tribunal to order interim measures.
• § 1-567.48. Equal treatment of parties; representation by attorney.
• § 1-567.49. Determination of rules of procedure.
• § 1-567.50. Place of arbitration.
• § 1-567.51. Commencement of arbitral proceedings.
• § 1-567.52. Language.
• § 1-567.53. Statements of claim and defense.
• § 1-567.54. Hearings and written proceedings.
• § 1-567.55. Default of a party.
• § 1-567.56. Expert appointed by arbitral tribunal.
• § 1-567.57. Court assistance in obtaining discovery and taking evidence.
• § 1-567.58. Rules applicable to substance of dispute.
• § 1-567.59. Decision making by panel of arbitrators.
• § 1-567.60. Settlement.
• § 1-567.61. Form and contents of award.
• § 1-567.62. Termination of proceedings.
• § 1-567.63. Correction and interpretation of awards; additional awards.
• § 1-567.64. Modifying or vacating of awards.
• § 1-567.65. Confirmation and enforcement of awards.
• § 1-567.66. Applications to superior court.
• § 1-567.67. Appeals.
• § 1-567.68: Recodified as § 1-567.33A by Session Laws 1997-368, s. 3.
• § 1-567.69. Reserved for future codification purposes.
• § 1-567.70. Reserved for future codification purposes.
• § 1-567.71. Reserved for future codification purposes.
• § 1-567.72. Reserved for future codification purposes.
• § 1-567.73. Reserved for future codification purposes.
• § 1-567.74. Reserved for future codification purposes.
• § 1-567.75. Reserved for future codification purposes.
• § 1-567.76. Reserved for future codification purposes.
• § 1-567.77. Reserved for future codification purposes.
• § 1-567.78. Appointment of conciliators.
• § 1-567.79. Representation.
• § 1-567.80. Report of conciliators.
• § 1-567.81. Confidentiality.
• § 1-567.82. Stay of arbitration; resort to other proceedings.
• § 1-567.83. Termination of conciliation.
• § 1-567.84. Enforceability of decree.
• § 1-567.85. Costs.
• § 1-567.86. Effect on jurisdiction.
• § 1-567.87. Immunity of conciliators and parties.
• § 1-568: Repealed by Session Laws 1951, c. 760, s. 2.
• §§ 1-568.1 through 1-568.27. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-569. Repealed by Session Laws 1951, c. 760, s. 2.
• § 1-569.1. Definitions.
• § 1-569.2. Notice.
• § 1-569.3. When Article applies.
• § 1-569.4. Effect of agreement to arbitrate; nonwaivable provisions.
• § 1-569.5. Application for judicial relief.
• § 1-569.6. Validity of agreement to arbitrate.
• § 1-569.7. Motion to compel or stay arbitration.
• § 1-569.8. Provisional remedies.
• § 1-569.9. Initiation of arbitration.
• § 1-569.10. Consolidation of separate arbitration proceedings.
• § 1-569.11. Appointment of arbitrator; service as a neutral arbitrator.
• § 1-569.12. Disclosure by arbitrator.
• § 1-569.13. Action by majority.
• § 1-569.14. Immunity of arbitrator; competency to testify; attorneys' fees and costs.
• § 1-569.15. Arbitration process.
• § 1-569.16. Representation by lawyer.
• § 1-569.17. Witnesses; subpoenas; depositions; discovery.
• § 1-569.18. Judicial enforcement of preaward ruling by arbitrator.
• § 1-569.19. Award.
• § 1-569.20. Change of award by arbitrator.
• § 1-569.21. Remedies; fees and expenses of arbitration proceeding.
• § 1-569.22. Confirmation of award.
• § 1-569.23. Vacating award.
• § 1-569.24. Modification or correction of award.
• § 1-569.25. Judgment on award; attorneys' fees and litigation expenses.
• § 1-569.26. Jurisdiction.
• § 1-569.27. Venue.
• § 1-569.28. Appeals.
• § 1-569.29. Uniformity of application and construction.
• § 1-569.30. Relationship to federal Electronic Signatures in Global and National Commerce Act.
• § 1-569.31. Short title.
• §§ 1-577 through 1-584. Repealed by Session Laws 1967, c. 954, s. 4.
• §§ 1-585 through 1-589. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-589.1. Withholding information necessary for service on law-enforcement officer prohibited.
• §§ 1-590 through 1-592. Repealed by Session Laws 1967, c. 954, s. 4.
• § 1-593. How computed.
• § 1-594. Computation in publication.
• § 1-595. Advertisement of public sales.
• § 1-596. Charges for legal advertising.
• § 1-597. Regulations for newspaper publication of legal notices, advertisements, etc.
• § 1-598. Sworn statement prima facie evidence of qualifications; affidavit of publication.
• § 1-599. Application of two preceding sections.
• § 1-600. Proof of publication of notice in newspaper; prima facie evidence.
• § 1-601. Certain legal advertisements validated.
• § 1-602. Reserved for future codification purposes.
• § 1-603. Reserved for future codification purposes.
• § 1-604. Reserved for future codification purposes.
• § 1-605. Short title; purpose.
• § 1-606. Definitions.
• § 1-607. False claims; acts subjecting persons to liability for treble damages; costs and civil penalties; exceptions.
• § 1-608. Civil actions for false claims.
• § 1-609. Rights of the parties to qui tam actions.
• § 1-610. Award to qui tam plaintiff.
• § 1-611. Certain actions barred.
• § 1-612. State not liable for certain expenses.
• § 1-613. Private action for retaliation action.
• § 1-614. Civil investigative demand.
• § 1-615. False claims procedure.
• § 1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history.
• § 1-617. Reporting.
• § 1-618. Rules.