Bill Summary for S 452 (2013-2014)

Summary date: 

Jun 3 2013
S.L. 2013-159

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 452 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO INCREASE THE JURISDICTIONAL AMOUNTS IN THE GENERAL COURT OF JUSTICE, TO MAKE ARBITRATION MANDATORY IN CERTAIN CIVIL CASES, AND TO PROVIDE GUIDANCE TO THE COURT FOR THE ASSESSMENT OF COURT COSTS AND ATTORNEYS' FEES IN SMALL CLAIMS MATTERS WHEN AN ARBITRATOR'S DECISION IN FAVOR OF THE APPELLEE IS AFFIRMED ON APPEAL.
Intro. by Goolsby.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends GS 7A-243 to provide that the district court division is the proper division for civil actions in which the amount in controversy is $25,000 (was, $20,000 in the previous edition) or less and the superior court division is the proper division for actions in which the amount in controversy exceeds $25,000 (was, $20,000 in the previous edition).

Amends GS 7A-37.1(c), regarding court-ordered, nonbinding arbitration, providing that, except as otherwise provided in rules established by the NC Supreme Court pursuant to GS 7A-37.1(b), court-ordered, nonbinding arbitration will be used in all civil actions where claims do not exceed $25,000, unless all parties to the action waive arbitration.

Establishes that, notwithstanding the provisions of GS 7A-243 as amended by this act, from July 1, 2013, until June 30, 2015, either the district court or the superior court is the proper division for trial of civil actions where the amount in controversy is between $10,000 and $25,000.

Makes conforming changes.

 

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