The clerk of superior court is authorized to:
(1) Issue subpoenas to compel the attendance of any witness residing or being in the State, or to compel the production of any document or paper, material to any inquiry in his court.
(2) Administer oaths, and to take acknowledgment and proof of the execution of all instruments or writings.
(3) Issue commissions to take the testimony of any witness within or without the State.
(4) Issue citations and orders to show cause to parties in all matters cognizable in his court, and to compel the appearance of such parties.
(5) Enforce all lawful orders and decrees, by execution or otherwise, against those who fail to comply therewith or to execute lawful process. Process may be issued by the clerk, to be executed in any county of the State, and to be returned before him.
(6) Certify and exemplify, under seal of his court, all documents, papers or records therein, which shall be received in evidence in all the courts of the State.
(7) Preserve order in this court, punish criminal contempts, and hold persons in civil contempt; subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina.
(8) Adjourn any proceeding pending before him from time to time.
(9) Open, vacate, modify, set aside, or enter as of a former time, decrees or orders of his court.
(10) Enter default or judgment in any action or proceeding pending in his court as authorized by law.
(11) Award costs and disbursements as prescribed by law, to be paid personally, or out of the estate or fund, in any proceeding before him.
(12) Compel an accounting by magistrates and compel the return to the clerk of superior court by the person having possession thereof, of all money, records, papers, dockets and books held by such magistrate by virtue or color of his office.
(13) Grant and revoke letters testamentary, letters of administration, and letters of trusteeship.
(14) Appoint and remove guardians and trustees, as provided by law.
(15) Audit the accounts of fiduciaries, as required by law.
(16) Exercise jurisdiction conferred on him in every other case prescribed by law. (C.C.P., ss. 417, 418, 442; Code, ss. 103, 108; 1901, c. 614, s. 2; Rev., s. 901; 1919, c. 140; C. S., s. 938; 1949, c. 57, s. 1; 1951, c. 28, s. 1; 1961, c. 341, s. 2; 1971, c. 363, s. 3; 1979, 2nd Sess., c. 1080, s. 5.)
Notes of Decisions
In Re the Testamentary Trust of Charnock, 579 S.E.2d 887 (N.C. Ct. App. 2003).
· cites it 6× “Under N.C.G.S. § 7A-103(14) (2001), the clerk of superior court is generally authorized to "[a]ppoint and remove guardians and trustees, as provided by law.”
Able Outdoor, Inc. v. Harrelson, 459 S.E.2d 626 (N.C. 1995).
· cites it 3× “It says the orders issued in this case were issued pursuant to these sections of the statutes and are valid.”
State v. Burr, 461 S.E.2d 602 (N.C. 1995).
· cites it 2× “G.S. 7A-103(1); Vaughan v. Broadfoot, 267 N.”
State v. Newell, 348 S.E.2d 158 (N.C. Ct. App. 1986).
· cites it 2× “The subpoena duces tecum is the process by which a court requires that particular documents or other items which are material to the inquiry be brought into court.”
Wilson v. Watson, 524 S.E.2d 812 (N.C. Ct. App. 2000).
· cites it 2× “Instead, the real provision relevant to the issue of the clerk’s jurisdiction in this case is N.C. Gen. Stat. § 7A-103(15) *503 (1999).”
Morehead v. Wall, 736 S.E.2d 798 (N.C. Ct. App. 2012).
· cites it 2× “On 18 April 2010, plaintiff filed a “Motion for Judicial Declaration” pursuant to N.C. Gen. Stat. § 7A-103 requesting that the Clerk of Superior Court “order that the Notice of appeal file stamped on Monday, December 21, 2010 is valid and effective, Nunc Pro Tunc)”.”
In Re Watson, 318 S.E.2d 544 (N.C. Ct. App. 1984).
“Petitioner argues that since Shirley had taken a voluntary dismissal of his suit there were no “claims” against the estate.”
Tripp v. Tripp, 193 S.E.2d 366 (N.C. Ct. App. 1972).
“28-170; G.S. 7A-103(11). Also, our statutes authorize the judge to tax the costs, including reasonable attorney fees, in applicable cases.”
In re Chastain (N.C. 2024).
· cites it 6× “Applying these standards to the constitutional office of clerk of superior court, we conclude that misconduct for a clerk is wrongful, unlawful, dishonest, or improper conduct performed under the color of authority for the clerk of superior court as identified in N.C.G.S. §…”
In re Thompson, 795 S.E.2d 395 (N.C. Ct. App. 2016).
· cites it 2× “2d 544 (1984) (describing Clerk's authority under G.S. § 7A-103(9) as a "broad grant" of power which necessarily includes entry of orders nunc pro tunc .”
In re: Chastain (N.C. Ct. App. 2023).
· cites it 2× “See N.C. Gen. Stat. § 7A-103 (“Authority of clerk of superior court.”
Little v. Bennington, 427 S.E.2d 887 (N.C. Ct. App. 1993).
· cites it 2× “Having determined on the merits that plaintiff may not prevail in this case, we are nevertheless constrained to note our concern that, in a case of this kind, the clerk did not first use her authority under G.S. § 7A-103(4) to compel plaintiff’s attendance at a hearing on her…”
— N.C. Gen. Stat. § 7A-103(1) — 2 cases
State v. Burr, 461 S.E.2d 602 (N.C. 1995).
“G.S. 7A-103(1); Vaughan v. Broadfoot, 267 N.”
State v. Newell, 348 S.E.2d 158 (N.C. Ct. App. 1986).
“The subpoena duces tecum is the process by which a court requires that particular documents or other items which are material to the inquiry be brought into court.”
— N.C. Gen. Stat. § 7A-103(11) — 1 case
Tripp v. Tripp, 193 S.E.2d 366 (N.C. Ct. App. 1972).
“28-170; G.S. 7A-103(11). Also, our statutes authorize the judge to tax the costs, including reasonable attorney fees, in applicable cases.”
— N.C. Gen. Stat. § 7A-103(14) — 1 case
In Re the Testamentary Trust of Charnock, 579 S.E.2d 887 (N.C. Ct. App. 2003).
“Under N.C.G.S. § 7A-103(14) (2001), the clerk of superior court is generally authorized to "[a]ppoint and remove guardians and trustees, as provided by law.”
— N.C. Gen. Stat. § 7A-103(15) — 1 case
Wilson v. Watson, 524 S.E.2d 812 (N.C. Ct. App. 2000).
“Instead, the real provision relevant to the issue of the clerk’s jurisdiction in this case is N.C. Gen. Stat. § 7A-103(15) *503 (1999).”
— N.C. Gen. Stat. § 7A-103(4) — 1 case
Little v. Bennington, 427 S.E.2d 887 (N.C. Ct. App. 1993).
“Having determined on the merits that plaintiff may not prevail in this case, we are nevertheless constrained to note our concern that, in a case of this kind, the clerk did not first use her authority under G.S. § 7A-103(4) to compel plaintiff’s attendance at a hearing on her…”
— N.C. Gen. Stat. § 7A-103(9) — 2 cases
In Re Watson, 318 S.E.2d 544 (N.C. Ct. App. 1984).
“Petitioner argues that since Shirley had taken a voluntary dismissal of his suit there were no “claims” against the estate.”
In re Thompson, 795 S.E.2d 395 (N.C. Ct. App. 2016).
“2d 544 (1984) (describing Clerk's authority under G.S. § 7A-103(9) as a "broad grant" of power which necessarily includes entry of orders nunc pro tunc .”
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