AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL. Enacted July 20, 2017. Effective October 1, 2017.
LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL.Intro. by Randleman.
Bill History:
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Tue, 14 Feb 2017 Senate: Filed
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Wed, 15 Feb 2017 Senate: Passed 1st Reading
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Wed, 15 Feb 2017 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 16 Feb 2017 Senate: Withdrawn From Com
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Wed, 1 Mar 2017 Senate: Reptd Fav Com Substitute
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Wed, 1 Mar 2017 Senate: Com Substitute Adopted
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Wed, 1 Mar 2017 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 2 Mar 2017 Senate: Reptd Fav
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Mon, 6 Mar 2017 Senate: Passed 2nd Reading
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Mon, 6 Mar 2017 Senate: Passed 3rd Reading
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Tue, 7 Mar 2017 Senate: Regular Message Sent To House
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Tue, 7 Mar 2017 House: Regular Message Received From Senate
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Wed, 8 Mar 2017 House: Passed 1st Reading
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Wed, 8 Mar 2017 House: Ref To Com On Judiciary III
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Wed, 14 Jun 2017 House: Reptd Fav
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Wed, 14 Jun 2017 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 28 Jun 2017 House: Added to Calendar
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Wed, 28 Jun 2017 House: Added to Calendar
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Wed, 28 Jun 2017 House: Amendment Withdrawn A1
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Wed, 28 Jun 2017 House: Passed 2nd Reading
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Wed, 28 Jun 2017 House: Passed 3rd Reading
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Wed, 28 Jun 2017 House: Ordered Enrolled
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Wed, 28 Jun 2017 House: Ordered Enrolled
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Thu, 29 Jun 2017 Ratified
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Thu, 29 Jun 2017 Ratified
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Thu, 29 Jun 2017 Pres. To Gov. 6/29/2017
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Thu, 20 Jul 2017 Signed by Gov. 7/20/2017
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Thu, 20 Jul 2017 Ch. SL 2017-143
Bill Summaries:
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Bill S 88 (2017-2018)Summary date: Jul 25 2017 - View Summary
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Bill S 88 (2017-2018)Summary date: Mar 1 2017 - View Summary
Senate committee substitute to the 1st edition make the following changes.
Clarifies in new GS 7A-228(e) that any party in an action appealed for a trial de novo is not required to obtain legal representation.
Amends proposed GS 7A-222 to specify that a party in a small claim action is not required to obtain legal representation.
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Bill S 88 (2017-2018)Summary date: Feb 14 2017 - View Summary
Enacts new GS 7A-223(b1) providing that the plaintiff can request that a claim for summary ejectment be severed from the claim for monetary damages in regards to a small claim action demanding summary ejectment and monetary damages, where service of process was achieved solely by first-class mail and affixing the summons and complaint to the premise pursuant to GS 42-29. Requires the magistrate to sever the claim for monetary damages and proceed with the claim for summary ejectment after finding that personal service was not achieved for one or more defendants. Provides that if severed by the magistrate, the plaintiff can extend the action in accordance with GS 1A-1, Rule 4(d). Provides that the judgment of a magistrate in the severed claim for summary ejectment does not prejudice any claims or defenses of any party in the severed claim for monetary damages.
Amends GS 7A-228 by adding that a party in an action that takes an appeal for a trial de novo, as provided for under this statute (concerning new trials before a magistrate), is not required to get legal representation.
Amends GS 1A-1, Rule 4(h1), to provide that the provisions of this subsection do apply to claims severed by a magistrate pursuant to GS 7A-223(b1).
Effective October 1, 2017.