COURTS/PROCEDURE AND FEE AMENDMENTS.-AB

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View NCGA Bill Details2013-2014 Session
Senate Bill 385 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO ELIMINATE ARBITRATION CAPS IN DISTRICT COURT, TO MAKE CLARIFICATIONS TO COURT FEES, TO AMEND THE MOTION FEE EXEMPTION, TO REQUIRE COUNTIES AND MUNICIPALITIES TO ADVANCE FEES, AND TO PROVIDE PRIORITY FOR THE PAYMENT OF CRIMINAL COSTS AND FEES.
Intro. by Randleman.

Status: Ref to Judiciary I. If fav, re-ref to Finance (Senate Action) (Mar 21 2013)

Bill History:

S 385

Bill Summaries:

  • Summary date: Mar 20 2013 - View Summary

    Identical to H 343, filed 3/19/13.

    Amends GS 7A-37.1(c), clarifying that court-ordered arbitration can be employed in civil actions in district courts (previously, only allowed for amounts in controversy less than $15,000).

    Amends GS 7A-305(a)(2), making technical and clarifying changes to provide that the party filing the notice of designation or motion for discretionary complex business designation pays the specified fees. Effective January 1, 2014.

    Amends GS 7A-305(a5), adding third-party complaints to the list of pleadings and their associated costs found therein. Deletes the additional $1,000 fee for cases assigned to a special superior court judge as a complex business case. Makes clarifying and technical changes.

    Amends GS 7A-305(f), 7A-306(g), and 7A-307(a)(4), providing that a motion filed pursuant to GS 1C-1602 or GS 1C-1603 will have no costs associated with it. Effective July 1, 2014, and applies to pleadings filed on or after that date.

    Amends GS 7A-317, providing that counties and municipalities are required to advance all costs and fees except for the civil process fees found in GS 7A-311. Provides that the Administrative Office of the Courts may withhold the amount of court costs and fees from facilities fees due the county when a county agency does not pay corresponding court costs and fees within 30 days of the date of filing the action.