NC General Statutes

N.C. Gen. Stat. § 7A-34 (2026)

Rules of practice and procedure in trial courts

✓ current as of July 2026

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The Supreme Court is hereby authorized to prescribe rules of practice and procedure for the superior and district courts supplementary to, and not inconsistent with, acts of the General Assembly. (1967, c. 108, s. 1.)

§ 7A-34.1: Repealed by Session Laws 2011-145, s. 31.23(f), effective July 1, 2011.

Notes of Decisions

Cited in 43 cases (4 in the last 5 years), 1971–2022 · leading case: State v. Defoe, 691 S.E.2d 1 (N.C. 2010).

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State v. Defoe, 691 S.E.2d 1 (N.C. 2010). · cites it 12× “" N.C.G.S. § 7A-34 (2009) (emphasis added).”

Daniels v. Montgomery Mut. Ins., 360 S.E.2d 772 (N.C. 1987). · cites it 6× “" Defendant, however, failed to state the rule number under which this motion was made as required by N.C.G.S. § 7A-34, Rule 6 of the General Rules of Practice for the Superior and District Courts.”

State v. Hudson, 415 S.E.2d 732 (N.C. 1992). · cites it 6× “According to the Vandiver Court, the use of perjury as an aggravating factor was precluded because: The "extreme case" standard has proved unworkable and our words of caution insufficient bulwarks against misuse of the aggravating factor.”

State v. Rorie, 500 S.E.2d 77 (N.C. 1998). · cites it 6× “N.C.G.S. § 7A-34 (1995). Read together, these two provisions vest in the General Assembly the authority to promulgate rules of procedure for the superior courts and limit this Court’s rule-making authority for the superior court to rules which are not inconsistent with acts of…”

In re J.S., 641 S.E.2d 395 (N.C. Ct. App. 2007). · cites it 2× “N.C. Gen.Stat. § 7A-34 (2005). Pursuant to this authority, our Supreme Court requires the Senior Resident Judge and Chief District Judge in each judicial district to "take appropriate actions [such as the promulgation of local rules] to insure prompt disposition of any pending…”

Peace v. Emp. SEC. Com'n of North Carolina, 507 S.E.2d 272 (N.C. 1998). · cites it 2× “1A-1, the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes .”

Plomaritis v. Plomaritis, 730 S.E.2d 784 (N.C. Ct. App. 2012). · cites it 3× “N.C. Gen. Stat. § 7A-34 (2006) gives the Supreme Court of North Carolina authority to “prescribe rules of practice and procedure for the superior and district courts supplementary to, and not inconsistent with, acts of the General Assembly.”

Young v. Young, 515 S.E.2d 478 (N.C. Ct. App. 1999). · cites it 3× “N.C.G.S. § 7A-34 (1995). Pursuant to this authority, our Supreme Court requires the Senior Resident Judge and Chief District Judge in each judicial district to “take appropriate actions [such as the promulgation of local rules] to insure prompt disposition of any pending motions…”

State v. Seward, 657 S.E.2d 356 (N.C. 2008). · cites it 3× “In 1994, pursuant to N.C.G.S. § 7A-34, this Court promulgated Rule 24 of the General Rules of Practice for the Superior and District Courts, which “provides a simple, bright-line rule, requiring prosecutors to petition for a special pretrial conference in all capital cases.”

State v. House, 244 S.E.2d 654 (N.C. 1978). “The General Rules of Practice for the Superior and District Courts, promulgated by this Court pursuant to G.S. 7A-34 and published in 276 N.C. 735 , relate to procedure in civil actions.”

Four Seasons Homeowners Ass'n v. W. K. Sellers, 302 S.E.2d 848 (N.C. Ct. App. 1983). “Defendant, however, misreads Rule 8, General Rules of Practice (adopted pursuant to G.S. 7A-34), which does not require 120 days for discovery, but limits discovery to no more than 120 days.”

In Matter of T.M., 654 S.E.2d 502 (N.C. Ct. App. 2007). · cites it 4× “2d 395 , 397 (2007) (citing N.C. Gen.Stat. § 7A-34 (2005)). "Pursuant to this authority, our Supreme Court requires the Senior Resident Judge and Chief District Judge in each judicial district to `take appropriate actions [such as the promulgation of local rules] to insure…”

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