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N.C. Gen. Stat. § 7A-257

Waiver of proper division

Applied in 2 court decisions — leading case 235 N.C. App. 427 - 4U Homes & Sales, Inc. v. McCoy (2014)

Most recently applied in 235 N.C. App. 427 - 4U Homes & Sales, Inc. v. McCoy (August 2014)

1965, c. 310, s. 1.

Any party may move for transfer between the trial divisions as provided in this Article. Failure of a party to move for transfer within the time prescribed is a waiver of any objection to the division, except that there shall be no waiver of the jurisdiction of the superior court division in probate of wills and administration of decedents' estates. Where more than one party is aligned in interest, any party may move for transfer of the entire case, notwithstanding waiver by other parties or coparties. A waiver of objection to the division does not prevent the judge from ordering a transfer on his own motion as provided in this Article.

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.