NC General Statutes
N.C. Gen. Stat. § 42-31 (2026)
Trial by magistrate
✓ current as of July 2026
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If the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be. If the magistrate finds in favor of the plaintiff, the magistrate's judgment shall include an order to the clerk of superior court providing that if the judgment is appealed by the defendant, the clerk of superior court is compelled to pay to the plaintiff any amount specified in subsection (e) or (g) of G.S. 42-34 within five business days of a written request by the plaintiff. (1868-9, c. 156, s. 23; Code, s. 1770; Rev., s. 2005; C.S., s. 2370; 1971, c. 533, s. 6; 2024-54, s. 3(b).)
Notes of Decisions
Cited in 1
case, 2011–2011 · leading case: Durham Hosiery Mill Ltd. P'ship v. Morris, 720 S.E.2d 426 (N.C. Ct. App. 2011).
Durham Hosiery Mill Ltd. P'ship v. Morris, 720 S.E.2d 426 (N.C. Ct. App. 2011). “§ 42-31 (“If the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be.”
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