RULES OF CIV PROCEDURE/E-FILING AND SERVICE. (NEW)

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View NCGA Bill Details(link is external)2019-2020 Session
House Bill 679 (Public) Filed Wednesday, April 10, 2019
AN ACT TO AMEND THE RULES OF CIVIL PROCEDURE TO ALLOW FOR ELECTRONIC FILING AND SERVICE.
Intro. by Zachary, Rogers, John.
Status: Ch. SL 2020-46 (Jun 26 2020)

SOG comments (1):

Long title change

Submitted by ddecamillis@sog... on

Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT TO EXPAND THE CIRCUMSTANCES UNDER WHICH AN EMERGENCY JUDGE MAY BE ASSIGNED BY THE CHIEF JUSTICE OF THE NORTH CAROLINA SUPREME COURT.

Bill History:

H 679/S.L. 2020-46

Bill Summaries:

  • Bill H 679 (2019-2020)
    Summary date: Jun 29 2020 - View Summary

    AN ACT TO AMEND THE RULES OF CIVIL PROCEDURE TO ALLOW FOR ELECTRONIC FILING AND SERVICE. SL 2020-46. Enacted June 26, 2020. Effective October 1, 2020.

    Courts/Judiciary, Civil, Civil Procedure
    GS 1A
  • Bill H 679 (2019-2020)
    Summary date: Jun 16 2020 - View Summary

    Senate amendment #2 to the 3rd edition makes the following changes.

    Modifies the proposed changes to Rule 3 of the NC Rules of Civil Procedure, regarding commencement of a civil action. Previously provided for electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts. Maintains this requirement for electronic filing and makes a distinction that only attorneys are required to file electronically when available, while self-represented litigants appropriately registered in the county's electronic filing system, are permitted to file electronically when available.

    Modifies the proposed changes to Rule 5 of the NC Rules of Civil Procedure, regarding service and filing of pleadings and other papers. Now maintains the existing savings clause for failure to affix a date stamp or file stamp on any order, civil judgement, estate proceeding, or special proceeding, which was deleted in the previous edition.

    Courts/Judiciary, Civil, Civil Procedure
    GS 1A
  • Bill H 679 (2019-2020)
    Summary date: Jun 15 2020 - View Summary

    Senate amendment to the 3rd edition makes the following changes.

    Further amends Rule 5 of the NC Rules of Civil Procedure regarding service and filing of pleadings and other papers. Adds that service of pleadings and other papers subsequent to the original complaint upon a party's attorney can be made by email to an email address of record with the court in the case. Requires the email to be sent by 5:00 p.m. on a regular business day, and if sent later, will be deemed to have been sent on the next business day.

    Courts/Judiciary, Civil, Civil Procedure
    GS 1A
  • Bill H 679 (2019-2020)
    Summary date: Jun 10 2020 - View Summary

    Senate committee substitute deletes the content of the 2nd edition and instead provides the following.

    Amends Rule 3 of the NC Rules of Civil Procedure regarding commencement of a civil action, to require electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts.

    Amends Rule 5 of the NC Rules of Civil Procedure regarding service and filing of pleadings and other papers. Allows service by email to meet the two-day requirement for service of superior court briefs or memos in support or in opposition of dispositive motions specified in subsection (a1). Amends subsection (b) regarding service of pleadings and papers subsequent to the original complaint, to allow for service through the court's electronic filing system to meet the service requirements, with service and process by the existing described methods when the court's electronic filing system is not available. Regarding service upon a party when the court's electronic filing system is not available, allows service to be made by email if the party has consented, a copy of the consent is filed with the court by any party, and the email is sent by 5:00 p.m. on a regular business day. Deems emails sent after 5:00 p.m. to have been sent on the next business day. Amends subsection (b1), concerning certificates of service, to require certificates of service to show the email addresses of persons served by email if appropriate. Provides that an automated certificate of service generated by the court's electronic filing system satisfies the certificate of service requirement with respect to persons served in that manner. Requires electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts. No longer provides a savings clause for failure to affix a date stamp or file stamp on any order, civil judgement, estate proceeding, or special proceeding. Makes conforming changes and makes language gender neutral. 

    Effective October 1, 2020, and applies to filings and service effected on or after that date.

    Changes the act's titles.

    Courts/Judiciary, Civil, Civil Procedure
    GS 1A
  • Bill H 679 (2019-2020)
    Summary date: Apr 26 2019 - View Summary

    House committee substitute to the 1st edition makes a technical change to GS 7A-52. 

    Courts/Judiciary
    GS 7A
  • Bill H 679 (2019-2020)
    Summary date: Apr 10 2019 - View Summary

    Amends GS 7A-52 to expand upon when an emergency judge may be assigned to also include instances of (1) medical leave absence of a sitting judge; (2) disaster declaration under GS 166A-19.3; (3) assignment by the Chief Justice of a Rule 2.1 exceptional case to an emergency judge; and (4) court coverage need created by holdover sessions, cases in which a judge has a conflict, judicial administrative responsibilities, or judicial educational responsibilities. 

    Courts/Judiciary
    GS 7A
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