NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1143

HOUSE BILL 359

 

 

AN ACT TO AMEND G.S. 1-494 SO AS TO PERMIT RESTRAINING ORDERS AND INJUNCTIONS TO BE MADE RETURNABLE BEFORE SPECIAL JUDGES OF THE SUPERIOR COURT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 1-494 is hereby amended to read as follows:

"§1-494.  Before What Judge Returnable. All restraining orders and injunctions granted by any of the Judges of the Superior Court shall be made returnable before the resident judge of the district, a special judge residing in the district, or any Superior Court Judge assigned to hold court in the district where the civil action or special proceeding is pending, within twenty (20) days from date of order. If a judge before whom the matter is returned fails, for any reason, to hear the motion and application, on the date set or within ten (10) days thereafter, any regular or special judge resident in, or assigned to hold the courts of, some adjoining district may hear and determine the said motion and application, after giving ten days' notice to the parties interested in the application or motion. This removal continues in force the motion and application theretofore granted till they can be heard and determined by the judge having jurisdiction."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1963.