2005 North Carolina Code - General Statutes § 15A-1413. Trial judges empowered to act.

§ 15A‑1413.  Trial judges empowered to act.

(a)       A motion for appropriate relief made pursuant to G.S. 15A‑1415 may be heard and determined in the trial division by any judge who is empowered to act in criminal matters in the district court district as defined in G.S. 7A‑133 or superior court district or set of districts as defined in G.S. 7A‑41.1, as the case may be, in which the judgment was entered.

(b)       The judge who presided at the trial is empowered to act upon a motion for appropriate relief made pursuant to G.S. 15A‑1414. He may act even though he is in another district or even though his commission has expired.

(c)       When a motion for appropriate relief may be made before a judge who did not hear the case, he may, if it is practicable to do so, refer all or a part of the matter for decision to the judge who heard the case. (1977, c. 711, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 71.)