Amends Rule 53 of the Rules of Civil Procedure in GS 1A-1, subdivision (a)(1), to permit referral of alimony, child support, child custody, and equitable distribution issues and requests for attorneys fees related to those claims to a referee with the parties written consent. Specifies that this does not relieve parties of the obligation to participate in mediated settlement conferences or other required settlement procedures. Requires completion of the mandatory child custody and visitation mediation before issues of child custody an be referred Makes clarifying changes to the subdivision to change references from “actions” to “requests” and reference absolute divorce.
Creates new sub-subdivision (a)(2)e., permitting compulsory referral by the court to a referee for alimony, child support, child custody, and equitable distribution issues and requests for attorneys fees related to those claims, except for requests for annulment, absolute divorce, or divorce from bed and board, if the court determines that the case involves a complicated issue of fact, classification, valuation, or income, and the court determines that the parties have the ability to pay the cost of the reference. Creates new sub-subdivision (a)(2)f., specifying that in cases with alimony, child support, child custody, or equitable distribution as a cause of action, where the parties do not consent to appointment of a referee, the court must not appoint one unless the movant consents to pay all the referee costs.
Amends subsection (c) to require that a referee must be an attorney licensed to practice in North Carolina. Amends subsection (d) to specify that the referee’s costs are governed by GS 7A-305(d)(7). Amends subsection (e) to require that the order of reference to the referee must contain directions to determine all the issues or specific issues of the action, perform particular acts, or receive and report evidence only. Makes conforming changes.
Amends subdivision (f)(1) to require that a referee ordered to make findings of fact hold a hearing in the same manner as a court trying an issue without a jury unless the court appointing the referee orders otherwise and the parties consent. Amends subdivision (f)(3) to require that all proceedings and testimony before the referee must be recorded, but that a written transcript is not required unless ordered by the court.
Amends subdivision (g)(2) to permit the court to schedule a hearing on its own motion after the filing of a report by a referee.
Makes clarifying changes throughout to remove gendered language.
Effective and applicable to orders for reference entered on or after December 1, 2023.
Bill Summaries: S 476 CIV. PRO./AMEND RULE 53 REFERENCE PROCEDURE.
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Bill S 476 (2023-2024)Summary date: Apr 3 2023 - View Summary