North Carolina Statutes
§ 35A-1115 — Appeal from clerk's order
North Carolina·Ch. 35A Incompetency and Guardianship·Art. 1 Determination of Incompetence·Subch. I Proceedings To Determine Incompetence
Appeal from an order adjudicating incompetence shall be to the superior court for hearing de novo and thence to the Court of Appeals. An appeal does not stay the appointment of a guardian unless so ordered by the superior court or the Court of Appeals. The Court of Appeals may request the Attorney General to represent the petitioner on any appeal by the respondent to the Appellate Division of the General Court of Justice, but the Department of Justice shall not be required to pay any of the costs of the appeal.
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North Carolina § 35A-1115 (Appeal from clerk's order) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
(1987, c. 550, s. 1.)
Nearby Sections
15
§ 35A-1101
Definitions§ 35A-1102
Scope of law; exclusive procedure§ 35A-1103
Jurisdiction; venue§ 35A-1104
Change of venue§ 35A-1105
Petition before clerk§ 35A-1106
Contents of petition§ 35A-1107
Right to counsel or guardian ad litem§ 35A-1108
Issuance of notice§ 35A-1109
Service of notice and petition§ 35A-1110
Right to jury§ 35A-1111
Multidisciplinary evaluation§ 35A-1112
Hearing on petition; adjudication order§ 35A-1114
Appointment of interim guardian§ 35A-1115
Appeal from clerk's order§ 35A-1116
Costs and fees