In misdemeanor prosecutions in the district court motions should ordinarily be made upon arraignment or during the course of trial, as appropriate. A written motion may be made prior to trial in district court. With the consent of other parties and the district court judge, a motion may be heard before trial. Upon trial de novo in superior court, motions are subject to the provisions of G.S. 15A-952, and except as provided in G.S. 15A-135, no motion in superior court is prejudiced by any ruling upon, or a failure to make timely motion on, the subject in district court.
N.C. Gen. Stat. § 15A-953
Motions practice in district court
Applied in 1 court decision — leading case 110 N.C. App. 60 - State v. Hamrick (1993)
Most recently applied in 110 N.C. App. 60 - State v. Hamrick (May 1993)
1973, c. 1286, s. 1.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.