(a) On motion of any party or the State, or on his own motion, any judge of the superior court, if he is of the opinion that it is necessary in order to provide a fair trial in any case, and regardless of whether he will preside over the trial of that case, may order as many jurors as he deems necessary to be summoned from any county or counties in the district or set of districts as defined in G.S. 7A-41.1(a) in which the county of trial is located or in any adjoining district or set of districts. These jurors shall be selected and shall serve in the manner provided for selection and service of supplemental jurors selected from the jury list. These jurors shall be subject to the same challenges as other jurors, except challenges for nonresidence in the county of trial.
(b) Transportation may be furnished in lieu of mileage.
(c) Repealed by Session Laws 1971, c. 377, s. 32. (1913, c. 4, ss. 1, 2; C.S., s. 473; 1931, c. 308; 1933, c. 248; 1961, c. 110; 1967, c. 218, s. 1; 1971, c. 377, s. 32; 1987 (Reg. Sess., 1988), c. 1037, s. 48.)
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1969–2023 · leading case:
State v. Roseboro, 171 S.E.2d 886 (N.C. 1970).
State v. Roseboro, 171 S.E.2d 886 (N.C. 1970).
· cites it 3× “In lieu of an order of removal, the court, as authorized by G.S. § 9-12, ordered that a jury be summoned from the adjoining county of Burke.”
Loy v. Lorm Corp., 278 S.E.2d 897 (N.C. Ct. App. 1981).
“2d 358, 363 (1954); Robinson, supra, at §§ 9-12, 12-5. The three defendants take the position that the plaintiff’s own evidence established the fairness of their dealings with Lorm.”
State v. Jackson, 215 S.E.2d 123 (N.C. 1975).
· cites it 2× “1-84 and G.S. 9-12, defendant filed a pretrial motion for a change of venue from Union County or, in the alternative, for a special venire for the retrial of his case.”
State v. Fearing, 284 S.E.2d 479 (N.C. 1981).
· cites it 2× “The additional evidence before Judge Brown, i. e., the affidavits of three state highway patrolmen, one SBI agent, three members of the Kill Devil Hills Police Department and the Chief of Police in Manteo, strengthens the evidentiary showing before Judge Browning and fully…”
State v. Mitchell, 196 S.E.2d 736 (N.C. 1973).
“1-84; G.S. 9-12. The motion is supported by an affidavit of defendant’s attorney which states that because of publicity received as a result of the mistrial granted in the first trial defendant could not receive a fair and impartial trial.”
State v. Penley, 170 S.E.2d 632 (N.C. Ct. App. 1969).
“On the following day the attorneys for defendant filed their written motions for change of venue, or for a special venire, supporting the same by affidavits of the defendant and of three citizens of Burke County and by copies of newspaper articles which had appeared in *462 the…”
State v. Ledbetter, 167 S.E.2d 68 (N.C. Ct. App. 1969).
“” G.S. 9-12 (a) provides, inter alia, that “any judge of the superior court, [on the motion of the defendant] if he is of the opinion that it is necessary in order to provide a fair trial .”
State v. Cutshall, 189 S.E.2d 176 (N.C. 1972).
“The defendant does contend, however, that the errors herein above discussed with respect to the admission of the evidence, and the selection of the jury constitute prejudicial error and demand that the defendant be given a new trial.”
State v. Jackson, 210 S.E.2d 876 (N.C. Ct. App. 1975).
“1-84, or in the alternative for a special venire from another county pursuant to G.S. 9-12. Defendant maintains that newspaper articles published prior to his trial made it impossible for him to obtain a fair trial in Union County and that, therefore, his motion should have been…”
Bernstein v. Sims, No. 5:22-cv-00277 (E.D.N.C. Apr. 3, 2023).
“Count V In Count V, plaintiff alleges violations of the North Carolina Constitution, specifizally Article I, Sections 9-12, 14, and 19 and Article VI.”
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.