Bill Summary for H 1094 (2013-2014)

Summary date: 

May 15 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1094 (Public) Filed Thursday, May 15, 2014
AN ACT TO PROVIDE FOR MEDIATED SETTLEMENT CONFERENCES IN DISTRICT COURT CIVIL ACTIONS AND TO MAKE A TECHNICAL CORRECTION TO THE RULES OF CIVIL PROCEDURE, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION'S COMMITTEE ON JUDICIAL EFFICIENCY AND EFFECTIVE ADMINISTRATION OF JUSTICE.
Intro. by Davis, Burr.

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Bill summary

Amends GS 7A-38.4A, adding a new subsection (b1) to direct the chief district court judge of a judicial district court to order either a mediated settlement or another settlement procedure, as provided under subsection (g) of this section, when the amount in controversy is more than $10,000. Requires each judge to adopt local rules that are not inconsistent with any rules adopted by the Supreme Court. Amends subsection (c) of GS 7A-38.4A to clarify that the provisions of new subsection (b1) are in addition to the existing provisions regarding the judge’s authority to order a mediated settlement conference or other settlement under GS 7A-38.4A(c). Effective July 1, 2014 and applies to actions filed on or after that date.

Amends GS 1A-1, Rule 8(a) regarding claims for relief to provide that in all negligence actions and all claims for punitive damages in any civil action in which the amount of the matter in controversy is more than $25,000 (was, more than $10,000), the pleading should not state the demand for monetary relief but instead state that the relief demanded is for damages incurred or to be incurred in excess of $25,000 (was, more than $10,000). Effective when the act becomes law.

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