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Current as of January 01, 2023 | Updated by Findlaw Staff
By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of venue, or object to the jurisdiction of the court over his person. These motions or objections are heard on notice by the chief district judge or a district judge designated by order or rule of the chief district judge. Assignment to the magistrate is suspended pending determination of the objection, and the clerk gives notice of the suspension by any convenient means to the magistrate to whom the action has been assigned. All these objections are waived if not made prior to the date set for trial. If venue is determined to be improper, or is ordered changed, the action is transferred to the district court of the new venue, and is not thereafter assigned to a magistrate, but proceeds as in the case of civil actions generally.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 7A. Judicial Department § 7A-221. Objections to venue and jurisdiction over person - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-7a-judicial-department/nc-gen-st-sect-7a-221/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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