Bill Summary for H 113 (2021-2022)

Summary date: 

Apr 21 2021

Bill Information:

View NCGA Bill Details2021
House Bill 113 (Public) Filed Wednesday, February 17, 2021
AN ACT TO MAKE VARIOUS CHANGES AND TECHNICAL CORRECTIONS TO THE LAWS GOVERNING THE ADMINISTRATION OF JUSTICE.
Intro. by Stevens.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Changes the effective date of the provisions of Section 10 of the act, authorizing legal proceedings by audio and video transmission, from April 1, 2021, to the date the act becomes law. Makes technical changes to statutory cross-references in new GS 7A-49.6.

Adds the following content. 

Amends GS 7A-20 to direct the Supreme Court to fix charges to litigants for document management as well as the reproduction of appellate records and briefs. Amends GS 7A-343.3 to provide for moneys collected through charges to litigants for document management to also be remitted to the State Treasurer and held in the Appellate Courts Printing and Computer Operations Fund, as is required of charges for reproduction of appellate records and briefs, to be used to support document management shop operations (was print shop operations) of the Supreme Court and the Court of Appeals.

Amends GS 1-239 to require judgement creditors to include the date and amount of the payment received in their notice to the clerk of superior court of any payment as required by the statute. Adds that a notice that includes multiple payments from the debtor must specify the date of each individual payment and the amount received on each date. Requires the clerk to promptly enter any such payments on the judgement docket, crediting each payment against the judgement as of the date received by the creditor (previously required prompt entering of the payment on the judgement docket). Adds the following. Requires proceeds paid to the clerk as a result of levy and an execution sale under Article 29B be credited and applied to the judgement as of the date the proceeds are received by the clerk, and funds paid to the clerk pursuant to the levy under execution without an execution sale credited and applied to the judgment as of the date the funds are collected. 

Amends GS 1-310 to require a sheriff to separately note on the return of execution for a judgement requiring the payment of money (1) any amount collected without execution sale and the date of collection, and if multiple payments to the sheriff are collected on different sates pursuant to a single writ of execution, the individual dates of collection and the amount collected on each date, and (2) the date of levy and description of property levied and sole through execution sale pursuant to Article 29B. 

Amends GS 1-339.70 to require proceeds paid by the sheriff to the clerk resulting from execution sale to be credited and applied to the judgement as of the date the proceeds are received by the clerk. 

Amends GS 162-18 to require a sheriff who has collected money upon an execution placed in the sheriff's hands to immediately pay the same to the office of the clerk of the court from which the execution issued (previously alternatively allowed for payment to the plaintiff). 

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 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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