North Carolina Statutes
§ 35A-1207 — Motions in the cause
North Carolina·Ch. 35A Incompetency and Guardianship·Art. 4 Purpose and Scope; Jurisdiction; Venue·Subch. II Guardian And Ward
(a)Any interested person or the clerk, on the clerk's own motion, may file a motion in the cause with the clerk in the county where a guardianship is docketed to request modification of the order appointing a guardian or guardians or consideration of any matter pertaining to the guardianship.
(b)The clerk shall treat all such requests, however labeled, as motions in the cause.
(c)A movant under this section shall obtain from the clerk a time, date, and place for a hearing on the motion, and shall serve the motion and notice of hearing on all other parties and such other persons as the clerk directs as provided by G.S. 1A-1, Rule 5 of the Rules of Civil Procedure, unless the clerk orders otherwise.
(d)If the clerk finds reasonable cause to believe that an emergency exists that threatens
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North Carolina § 35A-1207 (Motions in the cause) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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
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