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

N.C. Gen. Stat. § 7A-292 (2026)

Additional powers of magistrates

✓ current as of July 2026
Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 7A CornellLII Search CasesGoogle Scholar

(a) In addition to the jurisdiction and powers assigned in this Chapter to the magistrate in civil and criminal actions, each magistrate has the following additional powers:

(1) To administer oaths.

(2) To punish for direct criminal contempt subject to the limitations contained in Chapter 5A of the General Statutes of North Carolina.

(3) When authorized by the chief district judge, to take depositions and examinations before trial.

(4) To issue subpoenas and capiases valid throughout the county.

(5) To take affidavits for the verification of pleadings.

(6) To issue writs of habeas corpus ad testificandum, as provided in G.S. 17-41.

(7) To assign a year's allowance to the surviving spouse and a child's allowance to the children as provided in Chapter 30, Article 4, of the General Statutes.

(8) To take acknowledgments of instruments, as provided in G.S. 47-1.

(9) To perform the marriage ceremony, as provided in G.S. 51-1.

(10) To take acknowledgment of a written contract or separation agreement between husband and wife.

(11) Repealed by Session Laws 1973, c. 503, s. 9.

(12) To assess contribution for damages or for work done on a dam, canal, or ditch, as provided in G.S. 156-15.

(13) Repealed by Session Laws 1973, c. 503, s. 9.

(14) To accept the filing of complaints and to issue summons pursuant to Article 4 of Chapter 42A of the General Statutes in expedited eviction proceedings when the office of the clerk of superior court is closed.

(15) When authorized by the chief district judge, as permitted in G.S. 7A-146(11), to provide for appointment of counsel and acceptance of waivers of counsel pursuant to Article 36 of this Chapter.

(16) To appoint an umpire to determine motor vehicle liability policy diminution in value, as provided in G.S. 20-279.21(d1).

(b) The authority granted to magistrates under G.S. 51-1 and subdivision (a)(9) of this section is a responsibility given collectively to the magistrates in a county and is not a duty imposed upon each individual magistrate. The chief district court judge shall ensure that marriages before a magistrate are available to be performed at least a total of 10 hours per week, over at least three business days per week. (1965, c. 310, s. 1; 1967, c. 691, s. 25; 1971, c. 377, s. 17; 1973, c. 503, s. 9; 1977, c. 375, s. 4; 1979, 2nd Sess., c. 1080, s. 6; 1994, Ex. Sess., c. 4, s. 4; 1999-420, s. 4; 1999-456, s. 9(a), (b); 2009-419, s. 1; 2009-440, s. 2; 2009-566, s. 28; 2009-570, s. 48.2; 2015-75, s. 4; 2015-247, s. 3(b).)

 

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2014–2026 · leading case: In re: C.C. (N.C. Ct. App. 2026).
Sort: Relevance Newest Treatment
In re: C.C. (N.C. Ct. App. 2026). · cites it 3× “N.C.G.S. § 7A-292 (2023). Respondent-Mother argues that the record contains “no indication that the social worker swore an oath that the contents were true in front of anyone authorized to receive oaths.”
The NC State Bar v. Foster, 808 S.E.2d 920 (N.C. Ct. App. 2017). · cites it 2× “" N.C. Gen. Stat. § 7A-292(a)(2). Although the general statutes are silent about the physical office for magistrates, these can vary from small offices to large courtrooms, depending on the needs and budget of the district.”
State v. Robinson (N.C. Ct. App. 2022). · cites it 2× “” N.C. Gen. Stat. § 7A-292(a)(2) (2019). Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held…”
State v. Robinson (N.C. Ct. App. 2022). · cites it 2× “” N.C. Gen. Stat. § 7A-292(a)(2) (2019). Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held…”
Wall v. Gulledge (M.D.N.C. 2024). · cites it 2× “N.C. Gen. Stat. § 7A-292; see Bradley v. Fisher, 80 U.”
In re S.A.A. (N.C. Ct. App. 2014). “§§ 7A-292(1) and (5), and the fact that Respondent-Mother has not shown that Ms.”
— N.C. Gen. Stat. § 7A-292(1) — 1 case
In re S.A.A. (N.C. Ct. App. 2014). “§§ 7A-292(1) and (5), and the fact that Respondent-Mother has not shown that Ms.”
— N.C. Gen. Stat. § 7A-292(a)(2) — 3 cases
The NC State Bar v. Foster, 808 S.E.2d 920 (N.C. Ct. App. 2017). “" N.C. Gen. Stat. § 7A-292(a)(2). Although the general statutes are silent about the physical office for magistrates, these can vary from small offices to large courtrooms, depending on the needs and budget of the district.”
State v. Robinson (N.C. Ct. App. 2022). “” N.C. Gen. Stat. § 7A-292(a)(2) (2019). Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held…”
State v. Robinson (N.C. Ct. App. 2022). “” N.C. Gen. Stat. § 7A-292(a)(2) (2019). Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.