Bill Summary for S 88 (2017-2018)

Summary date: 

Feb 14 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 88 (Public) Filed Tuesday, February 14, 2017
AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL.
Intro. by Randleman.

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Bill summary

Enacts new GS 7A-223(b1) providing that the plaintiff can request that a claim for summary ejectment be severed from the claim for monetary damages in regards to a small claim action demanding summary ejectment and monetary damages, where service of process was achieved solely by first-class mail and affixing the summons and complaint to the premise pursuant to GS 42-29. Requires the magistrate to sever the claim for monetary damages and proceed with the claim for summary ejectment after finding that personal service was not achieved for one or more defendants. Provides that if severed by the magistrate, the plaintiff can extend the action in accordance with GS 1A-1, Rule 4(d). Provides that the judgment of a magistrate in the severed claim for summary ejectment does not prejudice any claims or defenses of any party in the severed claim for monetary damages.

Amends GS 7A-228 by adding that a party in an action that takes an appeal for a trial de novo, as provided for under this statute (concerning new trials before a magistrate), is not required to get legal representation. 

Amends GS 1A-1, Rule 4(h1), to provide that the provisions of this subsection do apply to claims severed by a magistrate pursuant to GS 7A-223(b1). 

Effective October 1, 2017.

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