JURISDICTIONAL AMTS/ARBITRATION/SM CLAIMS CT.

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View NCGA Bill Details2013-2014 Session
Senate Bill 452 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO INCREASE THE JURISDICTIONAL AMOUNTS IN THE GENERAL COURT OF JUSTICE, TO MAKE ARBITRATION MANDATORY IN CERTAIN CIVIL CASES, AND TO PROVIDE GUIDANCE TO THE COURT FOR THE ASSESSMENT OF COURT COSTS AND ATTORNEYS' FEES IN SMALL CLAIMS MATTERS WHEN AN ARBITRATOR'S DECISION IN FAVOR OF THE APPELLEE IS AFFIRMED ON APPEAL.
Intro. by Goolsby.
Status: Ch. SL 2013-159 (Senate Action) (Jun 19 2013)

Bill History:

S 452/S.L. 2013-159

Bill Summaries:

  • Bill S 452 (SL 2013-159) (2013-2014)
    Summary date: Jun 24 2013 - View Summary

    AN ACT TO INCREASE THE JURISDICTIONAL AMOUNTS IN THE GENERAL COURT OF JUSTICE, TO MAKE ARBITRATION MANDATORY IN CERTAIN CIVIL CASES, AND TO PROVIDE GUIDANCE TO THE COURT FOR THE ASSESSMENT OF COURT COSTS AND ATTORNEYS' FEES IN SMALL CLAIMS MATTERS WHEN AN ARBITRATOR'S DECISION IN FAVOR OF THE APPELLEE IS AFFIRMED ON APPEAL. Enacted June 19, 2013. Effective August 1, 2013.

    Insurance, Court System, Criminal Law and Procedure
    GS 6, GS 7A
  • Bill S 452 (2013-2014)
    Summary date: Jun 6 2013 - View Summary

    House amendment makes the following changes to the 2nd edition, as amended.

    Amends GS 6-21.1(a), concerning allowance of counsel fees in certain cases, providing that the attorney's fees awarded in a personal injury or property damage case, or suit against an insurance company under a policy issued by the company where the insured or beneficiary is the plaintiff, and specified conditions are met, cannot exceed $10,000 when, among other requirements, the amount of damages recovered is $25,000 or less (was, $20,000 or less).

    Changes the act's  effective date from July 1, 2013 to August 1, 2013.

    Insurance, Civil Law, Court System
    GS 6, GS 7A
  • Bill S 452 (2013-2014)
    Summary date: Jun 5 2013 - View Summary

    House amendment to the 2nd edition makes the following changes. Changes the act's effective date from July 1, 2013, to August 1, 2013. Provides that from August 1, 2013 (was, July 1, 2013) until June 30, 2015, either the district court or the superior court is the proper division for trial of civil action where the amount in controversy is between $10,000 and $25,000.

    Civil Law, Court System
    GS 7A
  • Bill S 452 (2013-2014)
    Summary date: Jun 3 2013 - View Summary

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

    Amends GS 7A-243 to provide that the district court division is the proper division for civil actions in which the amount in controversy is $25,000 (was, $20,000 in the previous edition) or less and the superior court division is the proper division for actions in which the amount in controversy exceeds $25,000 (was, $20,000 in the previous edition).

    Amends GS 7A-37.1(c), regarding court-ordered, nonbinding arbitration, providing that, except as otherwise provided in rules established by the NC Supreme Court pursuant to GS 7A-37.1(b), court-ordered, nonbinding arbitration will be used in all civil actions where claims do not exceed $25,000, unless all parties to the action waive arbitration.

    Establishes that, notwithstanding the provisions of GS 7A-243 as amended by this act, from July 1, 2013, until June 30, 2015, either the district court or the superior court is the proper division for trial of civil actions where the amount in controversy is between $10,000 and $25,000.

    Makes conforming changes.

     

    Civil Law, Court System
    GS 7A
  • Bill S 452 (2013-2014)
    Summary date: Mar 26 2013 - View Summary

    Amends GS 7A-210 to increase the amount-in-controversy threshold for a small claim action to $10,000 (was $5,000). Amends GS 7A-243 to provide that the district court division is the proper division for civil actions in which the amount in controversy is $20,000 or less and the superior court division is the proper division for actions in which the amount in controversy exceeds $20,000 (was, $10,000).
    Amends GS 7A-37.1 to make nonbinding arbitration mandatory in all civil actions where claims do not exceed $20,000, unless all parties to the action waive arbitration. Adds new subsection GS 7A-37.1(c2) to require a court to consider the fact that an arbitrator's decision in a small claim matter was affirmed by the court on appeal for trial de novo as a significant factor in favor of assessing all court costs and attorneys' fees against the appellant.
    Effective July 1, 2013, and applies to actions filed on or after that date.

    Civil Law, Court System
    GS 7A
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