REVISE RULE 11/ALLOW CURE BEFORE SANCTIONS.

View NCGA Bill Details2015-2016 Session
House Bill 598 (Public) Filed Thursday, April 2, 2015
AN ACT AMENDING G.S. 1A-11, RULE 11 OF THE NORTH CAROLINA RULES OF CIVIL PROCEDURE, TO PROVIDE THAT AN ATTORNEY OR PARTY RECEIVE NOTICE AND A REASONABLE OPPORTUNITY TO CURE A VIOLATION OF THE RULE BEFORE SANCTIONS MAY BE ORDERED BY THE COURT.
Intro. by Stam, Glazier.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 28 2015)
H 598

Bill Summaries:

  • Summary date: Apr 7 2015 - More information

    Amends GS 1A-1, Rule 11(a), of the NC Rules of Civil Procedure, making technical changes to make language gender-neutral. Also makes organizational changes. Further provides that if a pleading, motion, or other paper is signed in violation of the rule and notice and reasonable opportunity has been given to cure the violation by the person who signed, yet the violation persists, then reasonable expenses and attorneys' fees can be assessed against the individual who signed the documents (previously, did not provide for an opportunity to cure the violation).

    Effective October 1, 2015, applying to pleadings, motions, and other papers filed on or after that date.


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