Whenever a trial for a felony is in progress on the last Friday of any session of court and it appears to the trial judge that it is unlikely that such trial can be completed before 5:00 P.M. on such Friday, the trial judge may extend the session as long as in his opinion it shall be necessary for the purposes of the case, but he may recess court on Friday or Saturday of such week to such time on the succeeding Sunday or Monday as, in his discretion, he deems wise. The trial judge, in his discretion, may exercise the same power in the trial of any other cause under the same circumstances, except civil actions begun after Thursday of the last week. The length of time such court shall remain in session each day shall be in the discretion of the trial judge. Whenever a trial judge continues a session pursuant to this section, he shall cause an order to such effect to be entered in the minutes, which order may be entered at such time as the judge directs, either before or after he has extended the session. (1830, c. 22; R.C., c. 31, s. 16; C.C.P., s. 397; Code, s. 1229; 1893, c. 226; Rev., s. 3266; C.S., s. 4637; 1961, c. 181; 1973, c. 1141, s. 15.)
Notes of Decisions
Cited in
12
cases, 1977–2019 · leading case:
State v. Smith, 532 S.E.2d 235 (N.C. Ct. App. 2000).
State v. Smith, 532 S.E.2d 235 (N.C. Ct. App. 2000).
· cites it 11× “Defendant relies upon N.C.G.S. § 15-167 (1999), pursuant to which the trial court may continue a session of court “as long as in [it]s opinion it shall be necessary for the purposes of the case,” in order to complete a case.”
State v. Lewis, 779 S.E.2d 147 (N.C. Ct. App. 2015).
· cites it 14× “Where the trial court substantially complied with N.C. Gen.Stat. § 15-167, it properly extended the court session and had jurisdiction to enter judgment upon defendant.”
State v. Locklear, 621 S.E.2d 254 (N.C. Ct. App. 2005).
· cites it 11× “A trial court’s extension of a session of court is governed by N.C. Gen. Stat. § 15-167 (2003), which provides: Whenever a trial for a felony is in progress on the last Friday of any session of court and it appears to the trial judge that it is unlikely that such trial can be…”
State v. Boone, 311 S.E.2d 552 (N.C. 1984).
· cites it 2× “In light of the fact that Judge Peel signed the Order denying defendant’s motion to suppress on 25 June 1981, in Williamston, North Carolina, Martin County, which is located in the Second Judicial District, it is quite clear that Judge Peel’s Order was signed out of session, out…”
Ward v. Ward, 448 S.E.2d 862 (N.C. Ct. App. 1994).
· cites it 3× “session pursuant to N.C.G.S. § 15-167 or that the parties or their attorneys consented to entry of the order of dismissal in a session of court other than the session in which the motion was heard.”
Capital Outdoor Advert., Inc. v. City of Raleigh, 427 S.E.2d 154 (N.C. Ct. App. 1993).
· cites it 3× “Our review of the record of this proceeding in the trial court reveals nothing to indicate that Judge Hight extended the 28 October 1991 session pursuant to N.C.G.S. § 15-167, or that the parties or their attorneys consented to entry of the order of dismissal in a session of…”
State v. Jones, 234 S.E.2d 555 (N.C. 1977).
“Therefore pursuant to the authority vested in me as presiding judge under G.S. 15-167 ,1 extend this court by virtue of the fact that the trial of a felony is in progress on the last Friday of this session of court and it appears to my satisfaction that it is unlikely that such…”
State v. Hunt, 680 S.E.2d 720 (N.C. Ct. App. 2009).
· cites it 10× “” The trial court’s extension of a session of court is governed by N.C. Gen. Stat. § 15-167 (2007), which provides in pertinent part: Whenever a trial for a felony is in progress on the last Friday of any session of court and it appears to the trial judge that it is unlikely…”
State v. Bell, 798 S.E.2d 813 (N.C. Ct. App. 2017).
· cites it 12× “On appeal, he contends that the trial court (1) erred by denying his motion to suppress; and (2) lacked jurisdiction to enter judgment against him due to its failure during his trial to extend the session of court as required by N.C. Gen. Stat. § 15-167 . After careful review,…”
State v. Evans (N.C. Ct. App. 2019).
· cites it 3× “N.C. Gen. Stat. § 15-167 (2019) allows a trial judge to extend a session if a felony trial is in progress on the last Friday of that session.”
Capital Outdoor Advert., Inc. v. City of Raleigh, 446 S.E.2d 289 (1994).
“Nothing in the record of this proceeding in the trial court indicates that Judge Hight extended the 28 October 1991 session pursuant to N.C.G.S. § 15-167 or that the parties or their attorneys consented to entry of the order of dismissal in a session of court other than the…”
Buford v. Gen. Motors Corp., 435 S.E.2d 782 (N.C. Ct. App. 1993).
· cites it 2× “There is no evidence in the record that the session of court which began on 30 March was extended by the trial judge pursuant to N.C. Gen. Stat. § 15-167 (trial judge may extend session, but must enter order extending session).”
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