MISCELLANEOUS SERVICE/PROCESS AMENDMENTS.

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View NCGA Bill Details(link is external)2011-2012 Session
Senate Bill 300 (Public) Filed Wednesday, March 9, 2011
TO (1) ALLOW SERVICE BY SIGNATURE CONFIRMATION OR DESIGNATED DELIVERY SERVICE IN SMALL CLAIM ACTIONS ASSIGNED TO MAGISTRATES AND IN ADMINISTRATIVE CASES, (2) CLARIFY THAT THE SIXTY DAY TIME FRAME FOR SERVING A SUMMONS UNDER RULE 4 OF THE RULES OF CIVIL PROCEDURE APPLIES TO ALL SUMMONSES UNDER RULE 4(J) AND (J1), (3) REQUIRE THAT A COPY OF A MOTION TO TERMINATE PARENTAL RIGHTS THAT IS SERVED ON A PARENT BE SENT TO THAT PARENT'S ATTORNEY OF RECORD, IF ANY, (4) REQUIRE THAT A PARTY'S ATTORNEY OF RECORD, IF ANY, MUST BE SERVED WHEN SERVICE IS MADE UNDER RULE 5(B) OF THE RULES OF CIVIL PROCEDURE, IN ADDITION TO ANY SERVICE ON THE PARTY, AND (5) CLARIFY THAT AN ATTORNEY MAY BE SERVED UNDER RULE 5(B) BY MAIL, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Hartsell.
Status: Ch. SL 2011-332 (Senate Action) (Jun 27 2011)

Bill History:

S 300/S.L. 2011-332

Bill Summaries:

  • Bill S 300/SL 2011-332 (2011-2012)
    Summary date: Jun 30 2011 - View Summary

    AN ACT TO (1) ALLOW SERVICE BY SIGNATURE CONFIRMATION OR DESIGNATED DELIVERY SERVICE IN SMALL CLAIM ACTIONS ASSIGNED TO MAGISTRATES AND IN ADMINISTRATIVE CASES, (2) CLARIFY THAT THE SIXTY-DAY TIME FRAME FOR SERVING A SUMMONS UNDER RULE 4 OF THE RULES OF CIVIL PROCEDURE APPLIES TO ALL SUMMONSES UNDER RULE 4(J) AND (J1), (3) REQUIRE THAT A COPY OF A MOTION TO TERMINATE PARENTAL RIGHTS THAT IS SERVED ON A PARENT BE SENT TO THAT PARENT'S ATTORNEY OF RECORD, IF ANY, (4) REQUIRE THAT A PARTY'S ATTORNEY OF RECORD, IF ANY, MUST BE SERVED WHEN SERVICE IS MADE UNDER RULE 5(B) OF THE RULES OF CIVIL PROCEDURE, IN ADDITION TO ANY SERVICE ON THE PARTY, AND (5) CLARIFY THAT AN ATTORNEY MAY BE SERVED UNDER RULE 5(B) BY MAIL, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. Summarized in Daily Bulletin 3/9/11 and 6/15/11. Enacted June 27, 2011. Effective October 1, 2011.

    Civil Procedure, Abuse, Neglect and Dependency
  • Bill S 300 (2011-2012)
    Summary date: Jun 15 2011 - View Summary

    House committee substitute makes the following changes to 1st edition: (1) amends GS 150B-36(b3) to require a copy of the decision in an administrative case to be served on parties pursuant to GS 1A-1, Rule 5(b), instead of Rule 4(j) or Rule 4(j3); (2) amends same subsection to include first-class mail by signature confirmation as a means of service in administrative cases requiring a certificate of service and to require that GS 1A-1, Rule 6(e) (allowing additional time after service by mail), applies if service is by first-class mail. Makes conforming changes to GS 150B-42(a).

    Civil Procedure, Abuse, Neglect and Dependency
  • Bill S 300 (2011-2012)
    Summary date: Mar 9 2011 - View Summary

    Identical to H 306, filed 3/9/11.

    Amends various provisions of law and the Rules of Civil Procedure regarding service of process, including (1) amending GS 7A-217, GS 150B-23(c), GS 150B-36(b3), GS 150B-38(c), and GS 150B-42(a) to allow service by signature confirmation or designated delivery service in small claim actions assigned to magistrates and in administrative cases; (2) amending GS 1A-1, Rule 4(c) to clarify that the sixty-day time frame for serving a summons under Rule 4 of the Rules of Civil Procedure applies to all summons under Rule 4(j) and (j1); (3) amending GS 7B-1102 to require that a copy of a motion to terminate parental rights that is served on a parent be sent to that parent's attorney of record, if any; and (4) amending GS 1A-1, Rule 5(b) to require that a party's attorney of record, if any, must be served when service is made under Rule 5(b), in addition to any service on that party, and that an attorney may be served under Rule 5(b) by mail. Effective October 1, 2011.

    Civil Procedure, Abuse, Neglect and Dependency
    GS 1A, GS 7A, GS 7B, GS 150B
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