Bill Summary for S 300 (2011-2012)

Summary date: 

Jun 15 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 300 (Public) Filed Wednesday, March 9, 2011
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 SUMMONSES 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.
Intro. by Hartsell.

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Bill summary

House committee substitute makes the following changes to 1st edition: (1) amends GS 150B-36(b3) to require a copy of the decision in an administrative case to be served on parties pursuant to GS 1A-1, Rule 5(b), instead of Rule 4(j) or Rule 4(j3); (2) amends same subsection to include first-class mail by signature confirmation as a means of service in administrative cases requiring a certificate of service and to require that GS 1A-1, Rule 6(e) (allowing additional time after service by mail), applies if service is by first-class mail. Makes conforming changes to GS 150B-42(a).

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