NC General Statutes

N.C. Gen. Stat. § 7A-40 (2026)

Composition; judicial powers of clerk

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 7A CornellLII Search CasesGoogle Scholar

The Superior Court Division of the General Court of Justice consists of the several superior courts of the State. The clerk of superior court in the exercise of the judicial power conferred upon him as ex officio judge of probate, and in the exercise of other judicial powers conferred upon him by law in respect of special proceedings and the administration of guardianships and trusts, is a judicial officer of the Superior Court Division, and not a separate court. (1965, c. 310, s. 1; 1967, c. 691, s. 1; 1969, c. 1190, s. 4; 1971, c. 377, s. 4.)

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1975–2025 · leading case: In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc., 722 S.E.2d 459 (N.C. 2012).

Sort: Relevance Newest Treatment

In re the Foreclosure of the Deed of Trust of Vogler Realty, Inc., 722 S.E.2d 459 (N.C. 2012). · cites it 9× “N.C.G.S. § 7A-40 states that “[t]he clerk of superior court.”

Hutchison v. Bank of North Carolina, 392 F. Supp. 888 (M.D.N.C. 1975). · cites it 3× “G.S. § 7A-40 defining the role of the clerk in the North Carolina judicial system as follows : “§ 7A-40.”

Matter of Est. of Adamee, 230 S.E.2d 541 (N.C. 1976). “” G.S. 7A-40 (1969). This is the view expressed by Professor Dickson Phillips in 1 McIntosh, North Carolina Practice and Procedure, § 196 (Supp.”

DTH Publ'g Corp. v. Univ. of North Carolina at Chapel Hill, 496 S.E.2d 8 (N.C. Ct. App. 1998). · cites it 2× “IV, § 2; N.C. Gen. Stat. § 7A-40 (1995). At its heart, the open courts provision serves to protect the institutional integrity of our state courts by constitutionally guaranteeing that justice is “administered openly in public view.”

In the Matter of Legitimation of Locklear by Jones, 334 S.E.2d 46 (N.C. 1985). “G.S. 7A-40 confers certain judicial powers upon the clerk: The Superior Court Division of the General Court of Justice consists of the several superior courts of the State.”

Wyatt v. Wyatt, 318 S.E.2d 251 (N.C. Ct. App. 1984). “Under G.S. 7A-40, the Clerk of Superior Court in the exercise of “judicial powers conferred upon him by law in respect of special proceedings and the administration of guardianships and trusts, is a judicial officer of the Superior Court Division, and not a separate court.”

Macedon v. Castle (E.D.N.C. 2025). · cites it 2× “ant Castle, acting as a judicial officer in Probate Court, exceeded her authority by entering the order to allow foreclosure sale because, among other things, probate courts do not have jurisdiction over the property of the living, only the Secretary of Housing and Urban…”

Bare v. Atwood, 693 S.E.2d 746 (2010). “” N.C. Gen. Stat. § 7A-40 (2007). Partitions of real property are special proceedings.”

Hinton v. Whittenton (E.D.N.C. 2024). “§ 7A-40. As is relevant here, a clerk of superior court’s judicial power extends to partition of real property, which is a special proceeding.”

Alford v. Mecklenburg Cnty. Clerk of Superior Court (W.D.N.C. 2019). “§§ 7A-40, 45-21.16(d). Plaintiff’s claims against Defendants Curran and Koch arise from probate and foreclosure under power of sale proceedings before them in Mecklenburg County.”

Cloer v. Caldwell Cnty. Court (W.D.N.C. 2025). “§§ 7A-40, 7A-102; Shaw v. Harris, No. 5:12-CV-804-BR, 2013 USS.”

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.