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N.C. Gen. Stat. § 7B-404

Immediate need for petition when clerk's office is closed

Applied in 2 court decisions — leading case In Re As (2008)

Most recently applied in In Re As (June 2008)

1979, c. 815, s. 1; 1987, c. 409, s. 3; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 10; 2017-161, s. 2; 2025-16, s. 1.6(c).

(a) When the office of the clerk is closed, a magistrate shall accept for filing the following:

(1) A petition alleging a juvenile to be abused, neglected, or dependent.

(2) A petition alleging the obstruction of or interference with an assessment required by G.S. 7B-302.

(b) The authority of the magistrate under this section is limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under G.S. 7B-303. Any nonsecure custody order or order under G.S. 7B-303 that is approved pursuant to G.S. 7B-502 when the office of the clerk is closed shall be effective and enforceable after the order is signed by a judicial official. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business.

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.