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NC General Statutes

N.C. Gen. Stat. § 7B-405 (2026)

Commencement of action

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An action is commenced by the filing of a petition in the clerk's office when that office is open or by the acceptance of a juvenile petition by a magistrate when the clerk's office is closed, which shall constitute filing. (1979, c. 815, s. 1; 1998-202, s. 6; 1999-456, s. 60; 2017-161, s. 3.)

 

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 2005–2024 · leading case: In re T.R.P., 636 S.E.2d 787 (N.C. 2006).
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In re T.R.P., 636 S.E.2d 787 (N.C. 2006). · cites it 3× “See N.C.G.S. § 7B-405 (2005) (“An action is commenced by the filing of a petition .”
In re P.L.P., 618 S.E.2d 241 (N.C. Ct. App. 2005). · cites it 3× “Under N.C.G.S. § 7B-405 (2003), an "action is commenced by the filing of a petition in the clerk's office[.”
In re A.S., 661 S.E.2d 313 (N.C. Ct. App. 2008). · cites it 5× “" N.C. Gen. Stat. § 7B-405 (2007). The authority to issue the juvenile petition may be delegated to a magistrate by a district court judge in emergency situations when a petition is required to obtain a nonsecure custody order.”
In re A.P., 812 S.E.2d 840 (N.C. 2018). · cites it 3× “2d at 792 (holding that a verified petition is a prerequisite to the trial court's exercise of subject matter jurisdiction); see also N.C.G.S. § 7B-405 (2017) ("An *843 action is commenced by the filing of a petition in the clerk's office when that office is open or by the…”
In re L.B., 639 S.E.2d 23 (N.C. Ct. App. 2007). · cites it 4× “" N.C. Gen.Stat. § 7B-405 (2003). Further, [a]ll reports concerning a juvenile alleged to be abused, neglected, or dependent shall be referred to the director of the department of social services for screening.”
In re D.R.S., 638 S.E.2d 626 (N.C. Ct. App. 2007). · cites it 3× “"Under N.C.G.S. § 7B-405 [(2005)], an `action is commenced by the filing of a petition in the clerk's office[.”
In re J.N.S., 704 S.E.2d 511 (N.C. Ct. App. 2010). · cites it 2× “§ 7B-1001(a)(3), we examine the statutory procedure involved in abuse, neglect, or dependency proceedings.”
In re T.R.P., 619 S.E.2d 525 (N.C. Ct. App. 2005). · cites it 2× “N.C. Gen.Stat. § 7B-405 (2003). The pleadings relevant to an abuse, neglect, and dependency action are the petition, and it is specifically required by statute that "the petition shall be drawn by the director, verified before an official authorized to administer oaths, and…”
In re K.J.L., 670 S.E.2d 269 (N.C. Ct. App. 2008). · cites it 2× “requiring [him] to appear for a hearing at the time and place stated in the summons." N.C. Gen.Stat. § 7B-406(a) (2007) (emphasis added); see also N.”
In re T.P., 678 S.E.2d 781 (N.C. Ct. App. 2009). · cites it 2× “§ 7B-401, and quoting N.C. Gen. Stat. § 7B-405 [(2007)]). “A trial court’s subject matter jurisdiction over all stages of a juvenile case is established when the action is initiated with the filing of a properly verified petition.”
In re TRP, 636 S.E.2d 787 (N.C. 2006). · cites it 3× “See N.C.G.S. § 7B-405 (2005) ("An action is commenced by the filing of a petition.”
In the Matter of K.J.L., 665 S.E.2d 504 (N.C. Ct. App. 2008). · cites it 2× “N.C. Gen.Stat. § 7B-405 (2007). Service of process in a juvenile proceeding involving abuse, neglect, and dependency is governed by N.”
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