North Carolina § 35A-1115 Appeal from clerk's order

North Carolina Statutes

§ 35A-1115 — Appeal from clerk's order

North Carolina § 35A-1115

Ch. 35AIncompetency and Guardianship

Art. 1Determination of Incompetence

Subch. IProceedings To Determine Incompetence

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Bluebook

N.C. Gen. Stat. § 35A-1115 (2026).

Text

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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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.