North Carolina § 15A-923 Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division

North Carolina Statutes

§ 15A-923 — Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division

North Carolina § 15A-923

Ch. 15ACriminal Procedure Act

Art. 49Pleadings and Joinder

Subch. IXPRETRIAL PROCEDURE

This text of North Carolina § 15A-923 (Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-923 (2026).

Text

(a)Prosecution on Information or Indictment. - The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the pleading must be an information. A presentment by the grand jury may not serve as the pleading in a criminal case.

(b)Form of Information or Indictment. - An information and a bill of indictment charge the crime or crimes in the same manner. An information has entered upon it or attached to it the defendant's written waiver of a bill of indictment. The bill of indictment has entered upon it the finding of the grand jury that it is a true bill.

(c)Waiver of Indictment. - The defendant may waive a bill of indictment as

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(a) Prosecution on Information or Indictment. - The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the pleading must be an information. A presentment by the grand jury may not serve as the pleading in a criminal case.
(b) Form of Information or Indictment. - An information and a bill of indictment charge the crime or crimes in the same manner. An information has entered upon it or attached to it the defendant's written waiver of a bill of indictment. The bill of indictment has entered upon it the finding of the grand jury that it is a true bill.
(c) Waiver of Indictment. - The defendant may waive a bill of indictment as provided in G.S. 15A-642.
(d) Amendment of Information. - An information may be amended only with the consent of the defendant.
(e) No Amendment of Indictment. - A bill of indictment may not be amended. (1973, c. 1286, s. 1.)