Bill Summary for H 679 (2019-2020)

Summary date: 

Jun 10 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 679 (Public) Filed Wednesday, April 10, 2019
AN ACT TO AMEND THE RULES OF CIVIL PROCEDURE TO ALLOW FOR ELECTRONIC FILING AND SERVICE.
Intro. by Zachary, Rogers, John.

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Bill summary

Senate committee substitute deletes the content of the 2nd edition and instead provides the following.

Amends Rule 3 of the NC Rules of Civil Procedure regarding commencement of a civil action, to require electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts.

Amends Rule 5 of the NC Rules of Civil Procedure regarding service and filing of pleadings and other papers. Allows service by email to meet the two-day requirement for service of superior court briefs or memos in support or in opposition of dispositive motions specified in subsection (a1). Amends subsection (b) regarding service of pleadings and papers subsequent to the original complaint, to allow for service through the court's electronic filing system to meet the service requirements, with service and process by the existing described methods when the court's electronic filing system is not available. Regarding service upon a party when the court's electronic filing system is not available, allows service to be made by email if the party has consented, a copy of the consent is filed with the court by any party, and the email is sent by 5:00 p.m. on a regular business day. Deems emails sent after 5:00 p.m. to have been sent on the next business day. Amends subsection (b1), concerning certificates of service, to require certificates of service to show the email addresses of persons served by email if appropriate. Provides that an automated certificate of service generated by the court's electronic filing system satisfies the certificate of service requirement with respect to persons served in that manner. Requires electronic filing, if available in the county of filing, to be consistent with Rule 5 of the General Rules of Practice for the Superior and District Courts. No longer provides a savings clause for failure to affix a date stamp or file stamp on any order, civil judgement, estate proceeding, or special proceeding. Makes conforming changes and makes language gender neutral. 

Effective October 1, 2020, and applies to filings and service effected on or after that date.

Changes the act's titles.

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