Bill Summary for H 1002 (2023-2024)

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Summary date: 

May 2 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 1002 (Public) Filed Thursday, May 2, 2024
AN ACT TO REQUIRE JUDICIAL FINDINGS WHEN AUTHORIZING A PERSON TO APPEAL TO DISTRICT COURT FROM SMALL CLAIMS COURT AS AN INDIGENT AND TO APPROPRIATE FUNDS.
Intro. by Cunningham, Howard, Bradford.

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Bill summary

Amends GS 7A-228 by adding the requirement that a superior or district court judge, magistrate, or clerk of superior court authorizing a person to appeal to district court as an indigent person to do at least one of the following: (1) make written findings including (i) all criteria listed in GS 1-110 (Suit as an indigent; counsel; suits filed pro se by prison inmates) that led to the authorization of the person to appeal to district court as an indigent and (ii) all information or evidence used to determine that one or more criteria in GS 1-110 existed; and (2) make written findings indicating (i) that authorization of the person to appeal to district court as an indigent was not based upon criteria listed in GS 1-110 16 and (ii) all information or evidence used to determine that the person would be authorized to appeal to district court as an indigent. 

Requires the Administrative Office of the Courts (AOC) to modify the specified form to meet these requirements.

Effective October 1, 2024.

Appropriates $50,000 for 2024-25 from the General Fund to AOC to implement the changes to the form and to train judicial personnel and other stakeholders on the changes made by this act. Effective July 1, 2024.