House committee substitute to the 1st edition makes the following changes. Amends GS 1A-1, Rule 17(f) of the NC Rules of Civil Procedure to only require a gatekeeping order for persons adjudicated incompetent who the court prohibits from filing pleadings in court. Requires the gatekeeping order to be served on the person’s guardian and counsel. Clarifies that nothing in Rule 17(f) prevents a person declared incompetent from filing any pleading directly in any of the following: (1) an action against that person's guardian or counsel, (2) an action appealing the determination of being adjudicated incompetent, (3) an action petitioning for modification of guardianship, (4) an action to restore the person's competency, and (5) an action in which the person who has been adjudicated incompetent is sued. Requires the court to withdraw the gatekeeper order and allow the person to file pleadings with a court if the person's competency has been restored. Modifies the database requirements to require updates when a person has been declared incompetent, when a guardianship has been modified, and when a person’s competency has been restored.
Bill Summaries: H354 (2025-2026 Session)
Tracking:
-
Bill H 354 (2025-2026)Summary date: Apr 1 2025 - View summary
-
Bill H 354 (2025-2026)Summary date: Mar 10 2025 - View summary
Amends GS 1A-1, Rule 17 of the NC Rules of Civil Procedure to require persons adjudicated incompetent to file pleadings only through their guardian or counsel. Instructs the court to strike any pleadings not so filed by persons identified by the Administrative Office of the Courts (AOC) as having been adjudicated incompetent, and to issue a gatekeeper order to prevent the person from executing filings in violation of the rule. Requires AOC to develop a functional database of persons covered under the act that is readily accessible to all judges and clerks of the superior court. Applies to actions brought on or after December 1, 2025.