US Laws, Codes, Statutes & Cases

Article 3.

Venue.

§ 15A‑131.  Venue generally.

(a)       Venue for pretrial and trial proceedings in district court of cases within the original jurisdiction of the district court lies in the county where the charged offense occurred.

(b)       Except for the probable cause hearing, venue for pretrial proceedings in cases within the original jurisdiction of the superior court lies in the superior court district or set of districts as defined in G.S. 7A‑41.1 embracing the county where venue for trial proceedings lies.

(c)       Except as otherwise provided in this subsection, venue for probable cause hearings and trial proceedings in cases within the original jurisdiction of the superior court lies in the county where the charged offense occurred. If the alleged offense is committed within the corporate limits of a municipality which is the seat of superior court and is located in more than one county, venue lies in the superior court which sits within that municipality, but upon timely objection of the defendant or the district attorney in the county in which the alleged offense occurred the case must be transferred to the county in which the alleged offense occurred.

(d)       Venue for misdemeanors appealed for trial de novo in superior court lies in the county where the misdemeanor was first tried.

(e)       An offense occurs in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.

(f)        For the purposes of this Article, pretrial proceedings are proceedings occurring after the initial appearance before the magistrate and prior to arraignment. (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 134; 1983, c. 727; 1987 (Reg. Sess., 1988), c. 1037, s. 53.)