Whenever it appears to the Chief Justice of the Supreme Court that there is need for a special session of superior court in any county, he may order a special session in that county, and order any regular, special, or emergency judge to hold such session. The Chief Justice shall notify the clerk of the superior court of the county, who shall initiate action under Chapter 9 of the General Statutes to provide a jury for the special session, if a jury is required.
Special sessions have all the jurisdiction and powers that regular sessions have. (R.C., c. 31, s. 22; 1868-9, c. 273; 1876-7, c. 44; Code, ss. 914, 915, 916; Rev., ss. 1512, 1513, 1516; C.S., ss. 1450, 1452, 1455; Ex. Sess. 1924, c. 100; 1951, c. 491, ss. 1, 3; 1959, c. 360; 1969, c. 1190, s. 46.)
Notes of Decisions
Cited in
4
cases, 1985–2014 · leading case:
State v. Kornegay, 326 S.E.2d 881 (N.C. 1985).
State v. Kornegay, 326 S.E.2d 881 (N.C. 1985).
· cites it 3× “Defendant does not dispute the trial court’s finding of fact that Judge Fountain had been duly assigned, pursuant to N.C.G.S. § 7A-46, to hold a special session of the Superior Court of Wayne County on 11 October 1982.”
State v. Eley, 392 S.E.2d 394 (N.C. 1990).
· cites it 3× “Defendant finally argues that the Chief Justice failed to authorize the 6 June 1988 session of court pursuant to N.C.G.S. § 7A-46. Without deciding the intriguing question of whether this statute violates our Constitution, the record as reviewed above clearly supports our…”
Ehrenhaus v. Baker, 2014 NCBC 30 (N.C. Bus. Ct. 2014).
“1(c) (noting that special superior court judges assigned to hold court in a county have “the same power and authority of a regular judge” in that county); § 7A-46 (authorizing Chief Justice of North Carolina Supreme Court to “order a special session” of superior court in any…”
In re License of Delk, 406 S.E.2d 601 (N.C. Ct. App. 1991).
“G.S. 7A-46 provides: Whenever it appears to the Chief Justice of the Supreme Court that there is a need for a special session of superior court in any county, he may order a special session in that county, and order any regular, special, or emergency judge to hold such session.”
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