Bill Summary for S 255 (2021-2022)

Summary date: 

Mar 23 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 255 (Public) Filed Thursday, March 11, 2021
AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAWS GOVERNING THE ADMINISTRATION OF JUSTICE.
Intro. by Britt, Daniel.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Section 1

Modifies the proposed changes to Rule 51 of the Rules of Civil Procedure to require the court to reduce oral jury instructions to writing for civil cases subject to GS 90-21.11 (subsection (b) defines medical malpractice action), rather than Rule 9(j) of the Rules of Civil Procedure (regarding medical malpractice pleadings). Now authorizes and encourages the court, rather than directs the court, to provide the jury a written copy of the oral instructions for the jury to take into the jury room during deliberation. Similarly amends the proposed changes to GS 7A-47.3 to direct the senior resident superior court judge to designate a specific resident judge or a specific judge assigned to hold court in the district to preside over all proceedings in a case subject to GS 90-21.11 (subsection (b) defines medical malpractice action), rather than Rule 9(j) of the Rules of Civil Procedure (regarding medical malpractice pleadings). Adds a new requirement for the senior resident superior court judge to consult with the parties in the case in making the designation. 

Section 13

Deletes the previous provisions of Section 13, authorizing a justice or judge to administer the required oath prescribed for attorneys remotely using a form of live videoconferencing technology, notwithstanding the requirements of GS Chapter 84, until December 1, 2021. Instead adds the following provisions. 

Amends GS 7A-38.1 (concerning civil actions in superior court) and GS 7A-38.3B (concerning mediation matters within the jurisdiction of the clerk of superior court) to provide for the enforceability of a settlement agreements regarding issues at a civil proceeding or a mediation against a party if signed by the party's designee.

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