N.C. Gen. Stat. » Chapter 40A
NC General Statutes

N.C. Gen. Stat. § 40A-12 (2026)

Additional rules

✓ current as of July 2026
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Where the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter or by the statutes governing civil procedure, or where the civil procedure statutes are inapplicable, the judge before whom such proceeding may be pending shall have the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this Chapter. The practice in each case shall conform as near as may be to the practice in other civil actions. (1981, c. 919, s. 1.)

 

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1986–2021 · leading case: Virginia Elec. & Power Co. v. Tillett, 340 S.E.2d 62 (N.C. 1986).
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Virginia Elec. & Power Co. v. Tillett, 340 S.E.2d 62 (N.C. 1986). · cites it 6× “§ 40A-1, the Court of Appeals failed to address the effect of another provision of the same Chapter, N.C.G.S. § 40A-12 (1984), which states: Where the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter or by the statutes governing…”
City of Durham v. Woo, 497 S.E.2d 457 (N.C. Ct. App. 1998). · cites it 2× “While no section of Chapter 40A specifically provides that Rule 60(b) applies to actions brought pursuant to that Chapter, N.C. Gen. Stat. § 40A-12 (1984) states that [w]here the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter…”
Town of Apex v. Rubin (N.C. Ct. App. 2021). “§ 40A-12 provides that “[w]here the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter or by the statutes governing civil procedure .”
Town of Apex v. Rubin (N.C. Ct. App. 2021). “§ 40A-12 provides that “[w]here the procedure for conducting an action under this Chapter is not expressly provided for in this Chapter or by the statutes governing civil procedure .”
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