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NC General Statutes

N.C. Gen. Stat. § 1-494 (2026)

Before what judge returnable

✓ current as of July 2026
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All restraining orders and injunctions granted by any of the judges of the superior court shall be made returnable before the resident judge of the district, a special judge residing in the district, or any superior court judge assigned to hold court in the district where the civil action or special proceeding is pending, within 20 days from date of order. If a judge before whom the matter is returned fails, for any reason, to hear the motion and application, on the date set or within 10 days thereafter, any regular or special judge resident in, or assigned to hold the courts of, some adjoining district may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. This removal continues in force the motion and application or motion. This removal continues in force the motion and application theretofore granted till they can be heard and determined by the judge having jurisdiction.

All restraining orders and injunctions granted by any judge of the district court shall be made returnable before the judge granting such order or injunction or before the chief district judge or a district judge authorized to hear in-chambers matters in the district where the civil action is pending, within 20 days from the date of the order. If the judge before whom the matter is returned fails, for any reason, to hear the motion and application on the date set, or within 10 days thereafter, any district judge of the district authorized to hear in-chambers matters may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. (1876, c. 223, s. 2; 1879, c. 63, ss. 2, 3; 1881, c. 51; Code, s. 336; Rev., s. 815; C.S., s. 852; 1963, c. 1143;  1973, c. 66, s. 3.)

 

Notes of Decisions
Cited in 2 cases, 1944–1978 · leading case: Herff Jones Co. v. Allegood, 241 S.E.2d 700 (N.C. Ct. App. 1978).
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Herff Jones Co. v. Allegood, 241 S.E.2d 700 (N.C. Ct. App. 1978). · cites it 2× “As a practical matter, this conclusion is buttressed by G.S. 1-494. That statute requires that "[a]ll restraining orders and injunctions granted by any of the judges of the superior court shall be made returnable before the resident judge of the district, a special judge…”
City of Reidsville v. Slade, 29 S.E.2d 215 (N.C. 1944). “G. S., 1-494, formerly C. S., 852. Further, in applying the statute this Court held in the case of Hamilton v.”
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