AN ACT TO ELIMINATE ARBITRATION CAPS IN DISTRICT COURT, TO MAKE CLARIFICATIONS TO COURT FEES, TO AMEND THE MOTION FEE EXEMPTION, TO REQUIRE COUNTIES AND MUNICIPALITIES TO ADVANCE FEES, TO PROVIDE PRIORITY FOR THE PAYMENT OF CRIMINAL COSTS AND FEES, AND TO REMOVE THE SUNSET ON CHANGES TO CERTAIN FEES COLLECTED BY REGISTER OF DEEDS. Enacted June 30, 2013. Section 1 is effective August 1, 2013, and applies to actions filed on or after that date. Section 2 is effective January 1, 2014, and applies to all pleadings and motions filed on or after that date. Section 4 is effective July 1, 2013, and applies to pleadings filed on or after that date. Except as otherwise provided, the remainder is effective June 30, 2013, and applies to actions filed and to amounts assessed or collected on or after that date.
Bill Summaries: H343 COURTS/PROCEDURE AND FEE AMENDMENTS.-AB
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Summary date: Jul 2 2013 - View Summary
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Bill H 343 (2013-2014)Summary date: Jun 25 2013 - View Summary
Senate committee substitute makes the following changes to the 3rd edition.
Changes the long title.
Amends GS 7A-37.1(c), as amended by Section 3 of SL 2013-159, to provide that statewide court‑ordered nonbinding arbitration will be employed in district court unless all parties to the action waive arbitration (previously, provided that such arbitration was only to be used in civil actions when claims did not exceed $25,000).
Amends GS 7A-305(f), GS 7A-306(g), and GS 7A-307(a)(4) to require that the fee of $20 accompany any filing containing one or more motions not listed in GS 7A-308 that is filed with the clerk (was, any filing of a notice of hearing on a motion).
Amends Section 7, the enactment clause, of SL 2011-296, concerning the Register of Deeds/Fees, deleting language that stated Sections 1 through 3 of the act expire July 1, 2013. Amends the lead-in language for Section 2.16 of SL 2012-79, concerning uniform fees of Registers of Deeds, deleting language that required that the changes to GS 161-10(a), as rewritten by SL 2011-296, expire at the same time that Section 1 of SL 2011-296 expires. Repeals GS 161-11.4 (Fees for floodplain mapping) and GS 161-11.6 (Fees for archival of records). Amends GS 143-215.56A, Floodplain Mapping Fund, providing that the Fund consists of fees credited to it under GS 161-11.5 (was, GS 161-11.4, repealed above). Changes above are effective July 1, 2013.
Amends the enactment clause, providing that Section 1 of this act becomes effective August 1, 2013, and applies to actions filed on or after that date. The remaining effective dates were not changed.
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Bill H 343 (2013-2014)Summary date: May 30 2013 - View Summary
Senate committee substitute to the 2nd edition makes the following changes. Amends GS 7A-305(f), GS 7A-306(g), and GS 7A-307(a)(4) to require that the fee accompany any filing of a notice of hearing on a motion (was, any filing containing one or more motions) not listed in GS 7A-308 that is filed with the clerk. Also amends GS 7A-305(f) to add that costs are not assessed to a motion filed pursuant to GS 1C-1602 (allowing a debtor to elect to take the personal property and homestead exemptions instead of the exemptions provided by GS 1C‑1601). Makes technical changes.
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Bill H 343 (2013-2014)Summary date: Apr 10 2013 - View Summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 7A-305(a)(2), setting out the processes and procedures for after a case gets assigned to a special superior court judge as a complex business case under GS 7A-45.3, including requiring the party filing the notice of designation/motion for complex business designation to pay an additional $1,000 for support of the General Court of Justice. If a court designates a case as a complex business case on its own motion, the plaintiff will be required to pay the additional $1,000 fee.
Amends GS 7A-305(f), providing that no costs will be assessed, including attorneys' fees, to a motion filed by a child support enforcement agency established under Title IV, Part D, of the Social Security Act.
Amends GS 7A-308(a), making conforming changes, providing again for no fees to be assessed to child support enforcement agency actions.
Repeals Section 66.1 of Session Law 2011-391.
Amends GS 7A-317(a), providing that counties and municipalities are required to pay all costs and fees due to the court at the time of filing, unless the clerk of superior court consents to allowing them to pay all costs and fees within 45 days of the date of the filing of any action. Provides that the clerk of superior court will withhold all facilities fees due to be remitted to a county or municipality when it does not pay costs and fees due to the court within 90 days of the date of filing any action (previous edition provided that the Administrative Office of the Courts could withhold facilities fees due only when a county agency did not pay corresponding fees within 30 days of the date of filing an action).
Provides that Section 4 of this act will become effective July, 1, 2013 (was, July 1, 2014).
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Bill H 343 (2013-2014)Summary date: Mar 19 2013 - View Summary
Amends GS 7A-37.1(c), clarifying that court-ordered arbitration can be employed in civil actions in district courts (previously, only allowed for amounts in controversy less than $15,000).
Amends GS 7A-305(a)(2), making technical and clarifying changes to provide that the party filing the notice of designation or motion for discretionary complex business designation pays the specified fees. Effective January 1, 2014.
Amends GS 7A-305(a5), adding third-party complaints to the list of pleadings and their associated costs found therein. Deletes the additional $1,000 fee for cases assigned to a special superior court judge as a complex business case. Makes clarifying and technical changes.
Amends GS 7A-305(f), 7A-306(g), and 7A-307(a)(4), providing that a motion filed pursuant to GS 1C-1602 or GS 1C-1603 will have no costs associated with it. Effective July 1, 2014, and applies to pleadings filed on or after that date.
Amends GS 7A-317, providing that counties and municipalities are required to advance all costs and fees except for the civil process fees found in GS 7A-311. Provides that the Administrative Office of the Courts may withhold the amount of court costs and fees from facilities fees due the county when a county agency does not pay corresponding court costs and fees within 30 days of the date of filing the action.