NC General Statutes
N.C. Gen. Stat. § 1-409 (2026)
Arrest only as herein prescribed
✓ current as of July 2026
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No person may be arrested in a civil action except as prescribed by this Article, but this provision shall not apply to proceedings for contempt. (C.C.P., s. 148; Code, s. 290; Rev., s. 726; C.S., s. 767.)
Notes of Decisions
Cited in 4
cases, 1953–1987 · leading case: Grimes v. Miller, 429 F. Supp. 1350 (M.D.N.C. 1977).
Grimes v. Miller, 429 F. Supp. 1350 (M.D.N.C. 1977). “34 N.C.Gen.Stat. §§ 1-409 et seq. As for his representation of others against whom body execution has issued after judgment, we view his prayer as conditional: that if his own claim is mooted because he is now at liberty, the claims of those who are now imprisoned are alive and…”
Reverie Lingerie, Inc. v. McCain, 128 S.E.2d 835 (N.C. 1963). “1-417, among other tilings, provides: “A defendant arrested (in a civil action, G.S. 1-409) may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of bail.”
State v. Hewson, 362 S.E.2d 574 (N.C. Ct. App. 1987). “Although defendant was arrested for civil contempt, G.S. 1-409 expressly provides that the rules governing civil arrest are not applicable to contempt.”
Brannon v. Wood, 79 S.E.2d 256 (N.C. 1953). “G.S. 1-409 et seq. For the reasons set forth above the judgment of nonsuit is Reversed.”
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