Bill Summaries: S327 (2023-2024 Session)

  • Summary date: Mar 16 2023 - View summary

    Repeals GS 1-186, which provided that (1) for the purposes of an appeal, either party may except to a decision on a matter of law arising upon a trial by the court within 10 days after the judgment, in the same manner and with the same effect as upon a trial by jury and specified that if the decision does not authorize a final judgment, but directs further proceedings before a referee or otherwise, either party may except thereto, and make a case or exception as above provided in case of an appeal; (2) either party desiring a review, upon the evidence appearing on the trial of the questions of law, may within 10 days after the judgment, or within such time as is prescribed by the rules  of the court, make a case or exceptions in like manner as upon a trial by jury, except that the judge in settling the case must briefly specify the facts found by him, and his conclusions of law.

    Amends GS 1-271 to allow any party aggrieved to appeal or cross-appeal in the cases prescribed in GS Chapter 1 (Civil Procedure), defining party aggrieved to include a party challenging the grant or denial of a motion under the Rules of Civil Procedure.

    Amends GS 1-277 by making clarifying changes.

    Amend GS 1-286 to specifically refer to the statute concerning undertaking on appeal and to make clarifying changes.

    Amends Rule 46 of the Rules of Civil Procedure (GS 1A-1), concerning objects and exceptions by specifying that an objection is deemed in the three already specified circumstances. Specifies that formal exceptions are unnecessary. Amends the listed objections by: (1) deeming specified court rulings to have been objected to instead of excepted to; and (2) no longer deems an exception to have been taken to the court's ruling by all parties when an objection is made to questions propounded to a witness by the court or a juror. Makes additional changes to remove references to exceptions and to make clarifying changes.

    Amends GS 15-173 by updating the term demurrer with the modern “motion to dismiss based on the evidence.” Removes references authorizing the defendant to move for “judgment as in the case of nonsuit” at the close of the state’s case and just references the defendant’s ability to dismiss the action. Makes clarifying changes. Makes terms gender neutral. Removes references to exceptions and replaces the term with objection/objected.

    Removes reference to exceptions in GS 15A-1446(d) (pertaining to errors that may be raised on appeal even without an objection at trial). Makes other clarifying changes to the remainder of GS 15A-1446 (pertaining to preservation of issues for appellate review). Makes terms gender neutral.

    Makes clarifying changes and terms gender neutral in GS 15A-2000 (pertaining to separate sentencing proceedings where life in prison or the death penalty may be imposed).  Updates the term “errors assigned” to “arguments raised on appeal” in explaining what the NC Supreme Court should review in an appeal involving a sentence of death in addition to reviewing the punishment itself.  

    Amends GS 62-90 (pertaining to appeals from the North Carolina Utilities Commission [Commission]) and GS 105-345 (pertaining to appeals from the North Carolina Property Tax Commission [PTC]) to remove the requirement that a party set forth the ground or grounds on which the party considers the decisions or order of the Commission/PTC to be unlawful, unjust, unreasonable or unwarranted, including errors alleged to have been committed by the Commission/PTC as exceptions. Instead, now requires those ground(s)/error(s) to be set forth in the notice of appeal in appeals from both bodies. Amends GS 62-94 (pertaining to the record on appeal on appeals from the Commission) and GS 105-345.2 (pertaining to the record on appeal on appeals from the PTC) to replace references to “exceptions and assignments of error” with the term “issues raised.” Makes clarifying changes and terms gender neutral.