MOTIONS FOR APPROPRIATE RELIEF.

View NCGA Bill Details2015-2016 Session
House Bill 995 (Public) Filed Wednesday, April 27, 2016
AN ACT TO AMEND THE LAW REGARDING THE USE OF MOTIONS FOR APPROPRIATE RELIEF, AS RECOMMENDED BY THE NORTH CAROLINA COURTS COMMISSION.
Intro. by Stevens.

Status: Re-ref Com On Appropriations/Base Budget (Senate Action) (May 26 2016)

SOG comments (1):

Identical bill

Identical to S 850, filed on May 10, 2016.

H 995

Bill Summaries:

  • Summary date: Apr 27 2016 - More information

    Amends GS 15A-1413(d) concerning motions for appropriate relief filed in superior court and referred to the senior resident superior court judge, providing that the superior resident court judge must also enter a scheduling order for the disclosure of expert witness information (as described in GS 15A-903(a)(2) and 15A-905(c)(2)), for expert witnesses that are reasonably expected to be called at a hearing on the motion (this new duty is in addition to the previous review and administrative actions the senior resident superior court judge must undertake for motions of appropriate relief, such as calendaring for hearing and so forth).

    Amends GS 15A-1420 concerning the procedure for a motion for appropriate relief, amending the procedure for filing the motion with the clerk, now providing that once the clerk has brought the motion to the attention of the senior resident superior court judge or chief district court judge, then the judge assigned to the motion must either dismiss the motion because the claims are frivolous or if a hearing is warranted, appoint counsel for an indigent defendant. Counsel must then either adopt or file an amended motion. Once the motion is accepted or amended or after the petitioner proceeds without counsel, the judge can direct the State to file an answer. If the State opposes the motion, they can request leave to file a limited answer to that end. 

    Amends GS 7A-451 concerning entitlement to services of counsel for an indigent person, making clarifying and technical changes.

    Effective December 1, 2016, applying to motions for appropriate relief filed on or after that date. 


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