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.
CIVIL PROCEDURE/GATEKEEPER ORDERS/DATABASE.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT AMENDING RULE 17 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE TO PROVIDE FOR THE ISSUANCE OF GATEKEEPER ORDERS.Intro. by Pyrtle, Miller, B. Jones, Greene.
Status: Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 12 2025)
Bill History:
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Mon, 10 Mar 2025 House: Filed(link is external)
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Wed, 12 Mar 2025 House: Passed 1st Reading(link is external)
H 354
Bill Summaries:
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Bill H 354 (2025-2026)Summary date: Mar 10 2025 - View Summary
View: All Summaries for Bill