NC General Statutes

N.C. Gen. Stat. § 1-11 (2026)

How party may appear

✓ current as of July 2026
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A party may appear either in person or by attorney in actions or proceedings in which he is interested. (C.C.P., s. 423; Code, s. 109; Rev., s. 356; C.S., s. 401.)

 

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1945–2022 · leading case: State v. Spivey, 579 S.E.2d 251 (N.C. 2003).
State v. Spivey, 579 S.E.2d 251 (N.C. 2003). · cites it 6× “; see also N.C.G.S. § 1-11 (2001). Assuming arguendo that defendant properly asserted his rights through his pro se motion, this assertion of the right, by itself, did not entitle him to relief.”
State v. Forrest, 596 S.E.2d 22 (N.C. Ct. App. 2004). · cites it 4× “N.C. Gen.Stat. § 1-11 (2003) provides that "[a] party may appear either in person or by attorney in actions or proceedings *25 in which he is interested.”
State v. Grooms, 540 S.E.2d 713 (N.C. 2000). · cites it 3× “However, defense counsel never demanded a speedy trial, nor did counsel file a motion to dismiss for failure to provide a speedy trial.”
The NC State Bar v. Sutton, 791 S.E.2d 881 (N.C. Ct. App. 2016). · cites it 4× “At the beginning of his disciplinary proceeding, Defendant attempted to simultaneously represent himself and employ the assistance of co-counsel.”
Hamlin v. Hamlin, 276 S.E.2d 381 (N.C. 1981). · cites it 4× “Addressing plaintiff's first contention, we note initially that G.S. § 1-11 provides that "[a] party may appear either in person or by attorney in actions or proceedings in which he is represented".”
Harris & Hilton, P.A. v. Rassette, 798 S.E.2d 154 (N.C. Ct. App. 2017). · cites it 2× “See N.C. Gen. Stat. § 1-11 (2015) ("A party may appear either in person or by attorney in actions or proceedings in which he is interested.”
Bodie Island Beach Club Ass'n v. Wray, 716 S.E.2d 67 (N.C. Ct. App. 2011). · cites it 2× “Pursuant to N.C. Gen. Stat. § 1-11 , a party may appear either in person or by a licensed attorney in actions or proceedings in which the party is interested.”
Bodie Island Beach Club Ass'n, Inc. v. Wray, 716 S.E.2d 67 (N.C. Ct. App. 2011). · cites it 2× “Pursuant to N.C. Gen.Stat. § 1-11, a party may appear either in person or by a licensed attorney in actions or proceedings in which the party is interested.”
State v. Parton, 277 S.E.2d 410 (N.C. 1981). “does not create a right to be simultaneously represented by himself and an attorney. It has long been established in this jurisdiction that a party has the right to appear in propria persona or, in the alternative, by counsel.”
State v. Glenn, 726 S.E.2d 185 (N.C. Ct. App. 2012). · cites it 2× “2d 743, 746-47 (1985); N.C. Gen. Stat. § 1-11 (2007). As there is no indication in the record that defendant’s appellate counsel has withdrawn from his representation of defendant, we dismiss defendant’s pro se motion.”
Hernandez v. Coldwell Banker Sea Coast Realty, 735 S.E.2d 605 (N.C. Ct. App. 2012). · cites it 2× “N.C. Gen. Stat. § 1-11 (2009) states that “[a] party may appear either in person or by attorney in actions or proceedings in which he is interested.”
State v. Twitty, 710 S.E.2d 421 (N.C. Ct. App. 2011). · cites it 4× “2d 713, 721 (2000) (citing N.C. Gen.Stat. § 1-11), cert. denied, 534 U.”
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