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N.C. Gen. Stat. § 1-3

Special proceedings

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Every other remedy is a special proceeding. (C.C.P., s. 3; Code, s. 127; Rev., s. 348; C.S., s. 393.)

 

Notes of Decisions
Cited in 39 cases (8 in the last 5 years), 1954–2025 · leading case: In Re the Investigation of the Death of Miller
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In Re the Investigation of the Death of Miller (2003) nc · cites it 3× “§ 1-2 (2001); N.C.G.S. § 1-3 (2001), and we note that while this action was not commenced in strict accord with the usual process as set forth in the North Carolina General Statutes, N.”
In Re the Investigation Into the Injury of Brooks (2001) ncctapp · cites it 4× “2d at 820 -21 (citing N.C. Gen. Stat. § 1-3 ). The Court recognized that “ ‘[sjpecial proceedings against adverse parties shall be commenced as is prescribed for civil actions.”
Lemons v. Old Hickory Council, Boy Scouts of America, Inc. (1988) nc · cites it 2× “Civil Practice and Procedure, § 1-3 (3d ed. 1988). The philosophy underlying these rules was that: Technicalities and form are to be disregarded in favor of the merits of the case.”
Keith v. Wallerich (2009) ncctapp · cites it 2× “” N.C. Gen. Stat. § 1-3 (2007). Any proceedings, prior to the Code of Civil Procedure, that might have been commenced by petition or by motion on notice such as proceedings for dower and partition are special proceedings.”
State v. Williams (1975) nc · cites it 2× “Thus our legislature, recognizing there would be cases when a person guilty of one of these crimes ought not to suffer death, permitted the jury mercifully to intervene. It has not been the policy of this state since 1949 automatically to execute everyone convicted of a capital…”
State v. Santifort (2017) ncctapp · cites it 4× “N.C. Gen. Stat. § 1-3 , in turn, provides that "[e]very other remedy is a special proceeding.”
State v. Taylor (2001) nc “Extradition is a right granted to the states under Article IV, *37 Section 2, Clause 2 of the United States Constitution.”
In Re Clark (1981) nc “1-2, G.S. 1-3, G.S. 1-4. If this is a civil action, the Rules apply, G.”
State v. Ledford (1986) nc “229, §§ 1-3; 1979 N.C. Sess. Laws ch. 760, § 5.”
In Re Summons Issued to Ernst & Young, LLP (2008) ncctapp · cites it 2× “” N.C. Gen. Stat. § 1-3 (2007). We agree that the North Carolina Rules of Civil Procedure apply to actions brought under N.”
Tradewinds Airlines, Inc. v. C-S Aviation Services (2012) ncctapp “36, §§ 1-3; 2011 N.C. Sess. Laws, ch. 332, § 3.”
Durham Land Owners Ass'n v. County of Durham (2006) ncctapp “1227, §§ 1-3. Later, in 1969, the General Assembly modified the Board’s ability to “fix salaries, fees, and number of employees.”
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