In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement, or if none of the defendants reside in the State, then in the county in which the plaintiffs, or any of them, reside; and if none of the parties reside in the State, then the action may be tried in any county which the plaintiff designates in the plaintiff's summons and complaint, subject to the power of the court to change the place of trial, in the cases provided by statute; provided that any person who has resided on or been stationed in a United States Army, Navy, Marine Corps, Coast Guard, Space Force, or Air Force installation or reservation within this State for a period of one (1) year or more next preceding the institution of an action shall be deemed a resident of the county within which such installation or reservation, or part thereof, is situated and of any county adjacent to such county where such person stationed at such installation or reservation lives in such adjacent county, for the purposes of this section. The term person shall include military personnel and the spouses and dependents of such personnel. (C.C.P., s. 68; 1868-9, cc. 59, 277; Code, s. 192; 1905, c. 367; Rev., s. 424; C.S., s. 469; 1957, c. 1082; 2011-183, s. 1; 2025-20, s. 2.1.)
Notes of Decisions
Cited in
84
cases (
13 in the last 5 years), 1944–2026 · leading case:
Kiker v. Winfield, 759 S.E.2d 372 (N.C. Ct. App. 2014).
Kiker v. Winfield, 759 S.E.2d 372 (N.C. Ct. App. 2014).
· cites it 22× “On 12 August 2013, defendant filed an answer and motion for change of venue pursuant to Rule 12(b)(3) of the North Carolina Rules of Civil Procedure, and N.C. Gen. Stat. §§ 1-82 and 1-83. Defendant contended that he was a citizen of Union County, and that plaintiff was…”
Stokes v. Stokes, 821 S.E.2d 161 (N.C. 2018).
· cites it 8× “N.C.G.S. § 1-82 allows for the proper venue of cases to be heard in the county in which the Plaintiff's [sic] or the Defendant's [sic] reside with the emphasis on the word "or.”
Carolina Forest Ass'n, Inc. v. White, 678 S.E.2d 725 (N.C. Ct. App. 2009).
· cites it 12× “According to N.C. Gen.Stat. § 1-82, a civil "action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement.”
Stewart v. Se. Reg'l Med. Ctr., 543 S.E.2d 517 (N.C. Ct. App. 2001).
· cites it 12× “For all causes of action not specifically addressed in Article 7, N.C. Gen.Stat. § 1-82 provides that such actions must be tried *520 in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement, or if none of the defendants reside in the…”
Baldwin v. Wilkie, 635 S.E.2d 431 (N.C. Ct. App. 2006).
· cites it 12× “The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.”
Hawley v. Hobgood, 622 S.E.2d 117 (N.C. Ct. App. 2005).
· cites it 4× “” N.C. Gen. Stat. § 1-82 (2004). Ms. Hawley declared in the Complaint that she was a resident of Vance County, North Carolina, and that Mr.”
Roberts Ex Rel. Perry v. Adventure Holdings, LLC, 703 S.E.2d 784 (N.C. Ct. App. 2010).
· cites it 7× “] N.C. Gen. Stat. § 1-82 (2007). 1 According to North Carolina General Statutes, section 1-83, If the county designated for that purpose in the summons and complaint is not the proper one, the action may, however, be tried therein, unless the defendant, before the time of…”
Caldwell v. Smith, 692 S.E.2d 483 (N.C. Ct. App. 2010).
· cites it 4× “N.C. Gen. Stat. § 1-82 (2009). Plaintiffs commenced the present civil action by filing the complaint in Dare County where they assert that the cause of action arose.”
Gardner v. Gardner, 268 S.E.2d 468 (N.C. 1980).
· cites it 2× “Defendant, a resident of Johnston County, asserted that plaintiff was not a resident of Wayne County at the time suit was brought, and that venue in Wayne was therefore improper under G.S. 1-82’s requirement that “the action must be tried in the county in which the plaintiffs or…”
Smith v. State, 222 S.E.2d 412 (N.C. 1976).
“This case, therefore, is governed by G.S. 1-82 (1969), which provides in pertinent part: “In all other cases the action must be tried in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement.”
Stokes v. Stokes, 811 S.E.2d 693 (N.C. Ct. App. 2018).
· cites it 10× “” N.C. Gen. Stat. § 1-82 (2015). In the instant case, the trial court made the following findings of fact in its order to change venue: 1.”
ITS Leasing, Inc. v. Ram Dog Enter., LLC, 696 S.E.2d 880 (N.C. Ct. App. 2010).
· cites it 4× “” 1 However, although plaintiff conflates its arguments as to venue as of right and discretionary venue, plaintiff argues in its brief that it had a right to venue in Mecklenburg County pursuant to N.C. Gen. Stat. § 1-82 and by contract. Plaintiff states that [o]n February 24,…”
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