TO (1) ALLOW SERVICE BY SIGNATURE CONFIRMATION OR DESIGNATED DELIVERY SERVICE IN SMALL CLAIM ACTIONS ASSIGNED TO MAGISTRATES AND IN ADMINISTRATIVE CASES, (2) CLARIFY THAT THE SIXTY-DAY TIME FRAME FOR SERVING A SUMMONS UNDER RULE 4 OF THE RULES OF CIVIL PROCEDURE APPLIES TO ALL SUMMONS UNDER RULE 4(J) AND (J1), (3) REQUIRE THAT A COPY OF A MOTION TO TERMINATE PARENTAL RIGHTS THAT IS SERVED ON A PARENT BE SENT TO THAT PARENT’S ATTORNEY OF RECORD, IF ANY, (4) REQUIRE THAT A PARTY’S ATTORNEY OF RECORD, IF ANY, MUST BE SERVED WHEN SERVICE IS MADE UNDER RULE 5(B) OF THE RULES OF CIVIL PROCEDURE, IN ADDITION TO ANY SERVICE ON THE PARTY, AND (5) CLARIFY THAT AN ATTORNEY MAY BE SERVED UNDER RULE 5(B) BY MAIL, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Amends various provisions of law and the Rules of Civil Procedure regarding service of process, including (1) amending GS 7A-217, GS 150B-23(c), GS 150B-36(b3), GS 150B-38(c), and GS 150B-42(a) to allow service by signature confirmation or designated delivery service in small claim actions assigned to magistrates and in administrative cases; (2) amending GS 1A-1, Rule 4(c) to clarify that the sixty-day time frame for serving a summons under Rule 4 of the Rules of Civil Procedure applies to all summons under Rule 4(j) and (j1); (3) amending GS 7B-1102 to require that a copy of a motion to terminate parental rights that is served on a parent be sent to that parent’s attorney of record, if any; and (4) amending GS 1A-1, Rule 5(b) to require that a party’s attorney of record, if any, must be served when service is made under Rule 5(b), in addition to any service on that party, and that an attorney may be served under Rule 5(b) by mail. Effective October 1, 2011.
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