Bill Summaries: S395 (2019-2020 Session)

Tracking:
  • Summary date: Apr 17 2019 - View summary

    Senate committee substitute to the 1st edition makes the following changes.

    Further amends GS 1A-1, Rule 40, of the Rules of Civil Procedure. Specifies instances of good cause for continuances in superior court to include instances where a party, witness, or counsel has an obligation of service to the State including any service in carrying out any duties as a member of the General Assembly or service on the Rules Review Commission (was, service as a member of the General Assembly or the Rules Review Commission).

    Makes conforming changes to GS 15A-952, concerning considerations for judges in determining whether to grant continuances, to include for good cause instances in which the defendant, witness, or counsel of record has an obligation of service to the State, including any service in carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly (reflecting the combined changes made to GS 1A-1, Rule 40 of the act). 

    Changes the effective date from October 1 to December 1, 2019.

    Amends the act's titles.


  • Summary date: Mar 27 2019 - View summary

    Amends GS 1A-1, Rule 40 of the Rules of Civil Procedure, as follows. The statute allows for continuance in superior court only for good cause. Expands upon good cause to include instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to a state board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly.

    Effective October 1, 2019.