North Carolina § 35A-1207 Motions in the cause

North Carolina Statutes

§ 35A-1207 — Motions in the cause

North Carolina § 35A-1207

Ch. 35AIncompetency and Guardianship

Art. 4Purpose and Scope; Jurisdiction; Venue

Subch. IIGuardian And Ward

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Bluebook

N.C. Gen. Stat. § 35A-1207 (2026).

Text

(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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(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 the physical well-being of the ward or constitutes a risk of substantial injury to the ward's estate, the clerk may enter an appropriate ex parte order to address the emergency pending disposition of the matter at the hearing. (1987, c. 550, s. 1; 2023-124, s. 7.9.)