Bill Summary for H 598 (2015-2016)
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Summary date:
Apr 7 2015
Bill Information:
| View NCGA Bill Details | 2015-2016 Session |
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.
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Bill summary
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.