NC General Statutes
N.C. Gen. Stat. § 17-6 (2026)
To judge of appellate division or superior court in writing
✓ current as of July 2026
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Application for the writ shall be made in writing, signed by the applicant -
(1) To any one of the justices or judges of the appellate division.
(2) To any one of the superior court judges, either during a session or in vacation. (1868-9, c. 116, s. 4; Code, s. 1626; Rev., s. 1824; C.S., s. 2208; 1969, c. 44, s. 41; 1971, c. 528, s. 2.)
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1962–2021 · leading case: Salaam v. North Carolina Dep't of Transp., 468 S.E.2d 536 (N.C. Ct. App. 1996).
Salaam v. North Carolina Dep't of Transp., 468 S.E.2d 536 (N.C. Ct. App. 1996). “, North Carolina Workers’ Compensation § 17-6 (2d Ed. 1995). Nevertheless, “[t]he statutory physician-patient privilege is distinct from the rule prohibiting unauthorized ex parte contacts” and, therefore, information actually discoverable because the statutory privilege is…”
In Re Burton, 126 S.E.2d 581 (N.C. 1962). “Habeas corpus is a high prerogative writ and by statute the application for the writ may *540 be made to any one of the Justices of the Supreme Court or any one of the Superior Court judges, either in term or in vacation.”
In Re the Custody of Cox, 210 S.E.2d 223 (N.C. Ct. App. 1974). “A simple reading of G.S. 17-6 disposes of respondent’s argument: “Application for the writ shall be made in writing, signed by the applicant — (1) To any one of the justices or judges of the Appellate Division.”
Chavez v. McFadden (N.C. 2020). “Id. § 17-7(1)–(3). After a party applies for the writ, any judge empowered to do so “shall grant the writ without delay, unless it appear from the application itself or from the documents annexed that the person applying or for whose benefit it is intended is, by this Chapter,…”
State v. Daw (N.C. Ct. App. 2021). “§ 17-6. It “must allege . . . that the party ‘is imprisoned or restrained of his liberty,’ the location of the party’s imprisonment, the person restraining the imprisoned party, ‘[t]he cause or pretense of such imprisonment or restraint,’ and [include] [] supporting documents.”
Chavez v. McFadden (N.C. 2020). “Id. § 17-7(1)–(3). After a party applies for the writ, any judge empowered to do so “shall grant the writ without delay, unless it appear from the application itself or from the documents annexed that the person applying or for whose benefit it is intended is, by this Chapter,…”
State v. Daw (N.C. Ct. App. 2021). “§ 17-6. It “must allege . . . that the party ‘is imprisoned or restrained of his liberty,’ the location of the party’s imprisonment, the person restraining the imprisoned party, ‘[t]he cause or pretense of such imprisonment or restraint,’ and [include] [] supporting documents.”
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