Legal Opinion

Matter of Underwood

Court of Appeals of North Carolina

Decided October 17, 1978No. 7712DC1022PublishedCited by 17 opinions

1Opinion of the Court

PARKER, Judge.

Respondent’s attorney moved in the District Court to dismiss the petition because the hearing was not held within ten days of the day respondent was taken into custody as required by G.S. 122-58.7(a). The denial of this motion is the subject of respondent’s first assignment of error. We find no merit in this assignment of error.

An involuntary commitment proceeding under Art. 5A of G.S., Chap. 122, is a proceeding of a civil nature which is governed by pertinent Rules of Civil Procedure. G.S. 1A-1, Rule 1. Rule 6(a) of the Rules provides that when the last day of a period of time…

2Cases cited3 opinions

  1. In Re HatleySupreme Court of North Carolina · 1977
  2. Chriscoe v. ChriscoeSupreme Court of North Carolina · 1966
  3. In Re BentonCourt of Appeals of North Carolina · 1975

3Cited by17 opinions

  1. Matter of CollinsCourt of Appeals of North Carolina · 1980
  2. In re MooreCourt of Appeals of North Carolina · 2014
  3. Matter of PerkinsCourt of Appeals of North Carolina · 1983
  4. Matter of MonroeCourt of Appeals of North Carolina · 1980
  5. Matter of JacobsCourt of Appeals of North Carolina · 1978

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