NC General Statutes

N.C. Gen. Stat. § 1-261 (2026)

Jury trial

✓ current as of July 2026

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When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. (1931, c. 102, s. 9.)

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1945–2026 · leading case: Calhoun v. Wha Med. Clinic, Pllc, 632 S.E.2d 563 (N.C. Ct. App. 2006).

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Calhoun v. Wha Med. Clinic, Pllc, 632 S.E.2d 563 (N.C. Ct. App. 2006). · cites it 2× “” N.C. Gen. Stat. § 1-261 (2005). This Court has held, under the Declaratory Judgment Act, the trial court may determine only questions of law absent a waiver of jury trial.”

Penley v. Penley, 332 S.E.2d 51 (N.C. 1985). · cites it 2× “G.S. 1-261 provides as follows: Jury trial.”

Vill. Creek Prop. Owners' Ass'n v. Town of Edenton, 520 S.E.2d 793 (N.C. Ct. App. 1999). · cites it 3× “*488 Because conditional use rezoning requires a municipality to make a rezoning decision, which is made separate from the municipality’s decision to grant or deny a permit, the conditional use rezoning ordinance is properly challenged in the same manner used to challenge zoning…”

Brickhouse v. Brickhouse, 407 S.E.2d 607 (N.C. Ct. App. 1991). · cites it 3× “We also note that N.C.G.S. § 1-261 allows for a jury trial, in the event the court finds that factual issues are in dispute.”

Zopfi v. City of Wilmington, 160 S.E.2d 325 (N.C. 1968). “G.S. 1-261. However, the issue in the present case is as to the authority of the City Council to adopt the amending ordinances, not as to the advisability or wisdom of the rezoning.”

Iowa Mut. Ins. Co. v. Fred M. Simmons, Inc., 128 S.E.2d 19 (N.C. 1962). “Our Declaratory Judgments Act provides in G.S. 1-261 that where a proceeding under the Act involves the determination of an issue of fact, such issue may be determined by a jury trial.”

York v. Newman, 163 S.E.2d 282 (N.C. Ct. App. 1968). “G.S. 1-261 provides for a jury trial to determine issues of fact in cases brought under the Uniform Declaratory Judgment Act.”

Stout v. Grain Dealers Mut. Ins. Co., 201 F. Supp. 647 (M.D.N.C. 1962). “Stout (in which the defendant’s plea was entered at the close of all the testimony, the defendant testifying in his own right as well as offering 12 substantive witnesses in addition to character witnesses on his behalf), and has in addition heard the additional testimony of…”

Lumber Mut. Cas. Ins. v. Wells, 35 S.E.2d 631 (N.C. 1945). “, whether the automobile was being “used as a public or livery conveyance” within the meaning of the policy at the time of the injury, is such an issue of fact herein as should be determined by a jury under proper instructions from the court.”

CMD, LLC v. Keith (N.C. Ct. App. 2026). · cites it 3× “See N.C.G.S. § 1-261 (2023) (“When a proceeding [for declaratory judgment] involves the determination of an issue of fact, such issue may be determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is…”

Pender Farm Dev., LLC v. Ndco, LLC, 2020 NCBC 27 (N.C. Bus. Ct. 2020). · cites it 4× “See N.C.G.S. § 1-261 (“When a proceeding under this Article involves the determination of an issue of fact, such issue may be determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.”

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