N.C. Gen. Stat. » Chapter 7A
NC General Statutes

N.C. Gen. Stat. § 7A-259 (2026)

Transfer on judge's own motion

✓ current as of July 2026
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(a) If no party has moved for transfer within the time allowed to parties, any superior court judge who may hear and determine motions to transfer may order a transfer upon his own motion for the purpose of efficient administration of the trial divisions at any time before the case is calendared for trial. Transfer is not made on the judge's own motion unless the pleadings clearly show that the case is pending in an improper division. No hearing is held on such transfers, but the parties are given prompt notice when transfer is effected. Nothing in this section affects the power of the clerk to transfer matters and proceedings pending before him when an issue of fact is raised.

(b) When a district court is established in a district, any superior court judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the district court cases pending in the superior court. (1965, c. 310, s. 1; 1967, c. 691, s. 23.)

 

Notes of Decisions
Cited in 10 cases, 1969–1975 · leading case: Stanback v. Stanback, 215 S.E.2d 30 (N.C. 1975).
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Stanback v. Stanback, 215 S.E.2d 30 (N.C. 1975). “This point is further illustrated by G.S. 7A-259(b) which is the only section of Chapter 7A speaking directly to the point of transfer due to the establishment of the district court division.”
Bryant v. Kelly, 181 S.E.2d 438 (N.C. 1971). “G.S. 7A-259(b) provides that when a district court is established in a district, “any superior court judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the district court cases pending in…”
Pence v. Pence, 174 S.E.2d 860 (N.C. Ct. App. 1970). “7A-244, the district court has jurisdiction of this type case and that G.S. 7A-259 gives the superior court authority to transfer such cases, on its own motion, to the district court.”
Boston v. Freeman, 171 S.E.2d 206 (N.C. Ct. App. 1969). “7A-257 to transfer this case to a different trial division, and no order of trans-ferral under G.S. 7A-259. Defendant asserts by this appeal that the order appealed from is void for lack of jurisdiction.”
Kelly v. Davenport, 173 S.E.2d 600 (N.C. Ct. App. 1970). · cites it 4× “7A-259(b) provides that when a district court is established in a district, any superior court judge may on his own motion transfer to the district court cases pending in the superior court, providing that the requirements of G.S. 7A-259(a) are complied with. In this case,…”
Wendell Tractor & Implement Co. v. Lee, 176 S.E.2d 854 (N.C. Ct. App. 1970). · cites it 2× “The record indicates that the case was transferred from the Superior Court Division to *526 the District Court Division of the General Court of Justice on 2 December 1968, pursuant to G.S. 7A-259. There is' no showing-in the record that defendant did not receive proper notice of…”
Hodge v. Hodge, 176 S.E.2d 795 (N.C. Ct. App. 1970). “Although G.S. 7A-259 provides that, upon establishment of a district court in a district, any superior court judge authorized to hear motions, *602 may on his own motion transfer cases pending in the superior court to the district court, no such transfer has been made in this…”
In re the Custody of Hopper, 177 S.E.2d 326 (N.C. Ct. App. 1970). “There has been neither an order entered in the superior court transferring it to the district court division pursuant to G.S. 7A-259 nor a motion therefor under G.”
Hopper v. Morgan, 182 S.E.2d 228 (N.C. Ct. App. 1971). · cites it 2× “G.S. 7A-259. The motion to transfer the matter to the district court was denied.”
Stanback v. Stanback, 208 S.E.2d 390 (N.C. Ct. App. 1974). “Since this action was pending prior to the establishment of the district court, it could have been transferred to the district court by any superior court judge pursuant to G.S. 7A-259(b). This was not done. The case was in a dormant state and had been since the March 1968…”
— N.C. Gen. Stat. § 7A-259(a) — 2 cases
Kelly v. Davenport, 173 S.E.2d 600 (N.C. Ct. App. 1970). “7A-259(b) provides that when a district court is established in a district, any superior court judge may on his own motion transfer to the district court cases pending in the superior court, providing that the requirements of G.S. 7A-259(a) are complied with. In this case,…”
Wendell Tractor & Implement Co. v. Lee, 176 S.E.2d 854 (N.C. Ct. App. 1970). “The record indicates that the case was transferred from the Superior Court Division to *526 the District Court Division of the General Court of Justice on 2 December 1968, pursuant to G.S. 7A-259. There is' no showing-in the record that defendant did not receive proper notice of…”
— N.C. Gen. Stat. § 7A-259(b) — 4 cases
Stanback v. Stanback, 215 S.E.2d 30 (N.C. 1975). “This point is further illustrated by G.S. 7A-259(b) which is the only section of Chapter 7A speaking directly to the point of transfer due to the establishment of the district court division.”
Bryant v. Kelly, 181 S.E.2d 438 (N.C. 1971). “G.S. 7A-259(b) provides that when a district court is established in a district, “any superior court judge authorized to hear and determine motions to transfer may, on his own motion, subject to the requirements of subsection (a), transfer to the district court cases pending in…”
Kelly v. Davenport, 173 S.E.2d 600 (N.C. Ct. App. 1970). “7A-259(b) provides that when a district court is established in a district, any superior court judge may on his own motion transfer to the district court cases pending in the superior court, providing that the requirements of G.S. 7A-259(a) are complied with. In this case,…”
Stanback v. Stanback, 208 S.E.2d 390 (N.C. Ct. App. 1974). “Since this action was pending prior to the establishment of the district court, it could have been transferred to the district court by any superior court judge pursuant to G.S. 7A-259(b). This was not done. The case was in a dormant state and had been since the March 1968…”
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