Bill Summary for H 377 (2025-2026)
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- Courts/Judiciary
- Civil
- Civil Law
- Civil Procedure
- Family Law
- Juvenile Law
- Abuse, Neglect and Dependency
- Motor Vehicle
- Court System
- Administrative Office of the Courts
- Criminal Justice
- Criminal Law and Procedure
- Development, Land Use and Housing
- Property and Housing
- Government
- State Agencies
- Department of Military & Veterans Affairs
- Military and Veteran's Affairs
- Transportation
Bill Information:
| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT CERTAIN MODIFICATIONS TO THE LAWS RELATED TO THE NORTH CAROLINA COURT SYSTEM AND TO MAKE TECHNICAL CORRECTIONS TO ESTATE PLANNING STATUTES.Intro. by Stevens.
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Bill summary
Senate committee substitute to the 2nd edition removes the content of the previous edition and replaces it with the following. Makes conforming changes to the act’s titles.
Section 1
Amends GS 48-2-304 by no longer requiring that the original and two copies of a petition for adoption be filed with clerk of court. Amend GS 48-9-102 to require copies of all records filed in connection with an adoption proceeding be made available by the clerk of superior court to the Division of Social Services (Division) of the Department of Health and Human Services (DHHS) within 10 days after the appeal period has expired or 10 days following the final disposition of an appeal. Allows copies to be made available through electronic transfer or by providing the Division with electronic access within the electronic filing and case management system. Also allows the Division to transmit it’s report of each adoption and name changes to the State Registrar electronically. Effective October 1, 2026.
Section 2
Amends GS 42-34.1 by adding that if a renter, who is a defendant appellant, previously filed an undertaking after appealing the magistrate’s judgment and continues to pay periodic rent required by the prior undertaking after the judgment from the district court, then the continued periodic payments towards this undertaking satisfy the bond provision and maintain the stay of execution during the 30-day time period for taking an appeal. Sets out the same allowance for when the judgment in district court is against the defendant appellant and the defendant appellant appeals the judgment.
Section 3
Amend GS 28A-8-2 by no longer requiring a bond that is secured by a first mortgage or first deed of trust to be in a form approved by the administrate officer of the courts.
Amends GS 35A-1230, concerning bonds required before a guardian can receive a ward’s property in specified circumstances, to require that a surety secured by cash be in an amount equal to the amount of the bond or by a mortgage this is executed under Article 74 of GS Chapter 58 (was, under GS Chapter 109).
Section 4
Amend GS 14-159.53 to allow an authorized property owner appealing a court order in a case for the removal of an authorized person to the district court to give notice of appeal orally in open court upon announcement or after a judgment is entered. If it is not announced in open court, requires written notice to be filed with the superior court clerk’s office within three busies days after the judgment is entered.
Amends GS 42A-25 to allow a tenant or landlord appealing a court order in an expedited eviction of residential property subject to a vacation rental agreement to give notice of appeal orally in open court upon announcement or after a judgment is entered. Requires when a judgement is not announced in open court for written notice to be given in the superior court clerk’s office within 10 days after judgement is entered.
Section 5
Amends GS 50-10 to allow the clerk of superior court, when requested by the plaintiff, to enter judgment in cases where the plaintiff’s only claim against the defendant is for absolute divorce, or absolute divorce and resumption of a former name, and the defendant failed to appear (was, defendant has been defaulted for failure to appear).
Section 6
Repeals GS 7A-343.6 which allowed the North Carolina Administrative Office of the Courts (AOC) to develop a program for electronic filing in GS Chapter 50B and GS Chapter 50C cases in district court.
Section 7
Amends GS 8B-8 to require the AOC Director to fix the fee for interpreters appointed to interpret proceedings in the General Courts of Justice. Effective October 1, 2026.
Section 8
Amends GS 7A-98 to make any matter required or allowed to be supported, evidenced, established, or proved in writing under oath or affirmation, if filed in the General Court of Justice (was, if filed electrically under rules developed by the Supreme Court under GS 7A-49.5) with like force and effect be supported, evidenced, established, or proved by an unsworn declaration in writing that the statement is true under penalty of perjury. Amends GS 8C-1, Rule 803(6) by amending the hearsay exception for records of regularly conducted activity to allow the testimony of the custodian or other qualified witness to be done by a certification that complies with GS 7A-98.
Section 9
Amends GS 7A-452 to require the clerk of superior court to make the complete trial division file in a case where an indigent person has entered notice of appeal and appellate counsel has been appointed, available to the appointed attorney via electronic access within the electronic filing and case management system. Also requires furnishing copies of digital storage media containing exhibits to the appointed attorney. Effective October 1, 2026.
Section 10
Amends GS 31-11 by amending who can deposit with the superior court clerk the will of a living person, to only include testator agents if they have sufficient authority under a power of attorney to deposit the will. Provides that the will is to remain in the clerk’s receptacle or depository until the will is offered for probate or filed with the clerk without probate. Makes conforming changes. Effective October 1, 2026.
Section 11
Updates statutory cross-references in GS 30-15 and GS 30-17.
Section 12
Amends GS 31-33 to require a caveat to be served on all interested parties in a manner allowed under GS 1A-1, Rule 4, without issuing a summons. Effective October 1, 2026.
Section 13
Amends GS 7B-536 by expanding the prevue of safe babies court to include families with at least one child no more than five (was, three) years of age involved in juvenile actions alleging abuse, neglect, or dependency. Effective October 1, 2026.
Section 14
Amends GS 9-1 by adding that if an appointment to a county jury commission is not made by September 1, then the incumbent must serve for an additional two-year term.
Amends GS 9-2 to require a master list of prospective jurors to be completed by November 15.
Amends GS 20-43.4 to adding a September 1 deadline for the Commissioner of Motor Vehicles’ list to the county jury commission of persons who are residents of the county, are age 18 or older as of January 1 of the following year, and are licensed to drive as of July 1 of each odd-numbered year, by September 1.
Section 14.1
Amends GS 143B-1278, concerning compensation for services related to veterans' benefits matters, by adding that the statute does not apply to, limit, or expand, the requirements imposed on agents, attorneys, or other representatives accredited and regulated by the US Department of Veterans Affairs or the NC Department of Military and Veterans Affairs.
Section 15
Amends GS 7B-2901 by adding that the statute does not prevent the presiding district court judge or designated judicial court staff from inspecting confidential juvenile court records in cases alleging abuse, neglect, or dependency, for purposes of discharging any obligation under GS Chapter 7B. Requires hearing records to be copied electronically or mechanically only when ordered by the court. Allows a person who is not authorized to examine a juvenile’s court record without a court order, who is seeking information in the file or court record, to file a motion in the cause setting out why the information is needed. Allows a district court judge, after giving the parties to the proceeding for which the records are sought reasonable notice and an opportunity to be heard, to issue an order to disclose information in the record upon finding that the order is appropriate under the circumstances and in the best interest of the juvenile.
Amends GS 7B-3506 to make all court records made in proceedings under Article 35, emancipation, confidential and not open to public inspection, except certificates of emancipation. Allows specified individuals to examine and obtain copies of the written court record without a court order.
Section 17
Makes GS 15A-151(a)(1) (which requires AOC to keep a confidential file for expungements containing the petitions granted under this Article and the names of those people for whom it received a notice under GS 15A‑150, and limits disclosure to when it is requested by a judge to ascertain whether a person charged with an offense has been previously granted a discharge or an expunction) applicable to all petitions granted under Article 5 of GS Chapter 15A that are maintained by AOC.
Section 18
Amends GS 7A-808 to allow the Conference of Clerks of Superior Court of North Carolina to employ an executive director (was, executive secretary).
Section 19
Amend GS 163-127.6 to allow an appeal of a decision made by a panel to hear a challenge to candidacy to be electronically filed. Requires that the written appeal be filed, delivered, or deposited in the mail according to the rules of appellate procedure by the end of the second business day after the written decision was filed. Effective October 1, 2026.
Section 20
Amends GS 1-110 as follows. Requires presenting to a superior court judge a motion to proceed as an indigent that is filed pro se by an inmate in the custody of any sheriff in the state. Requires an action to be dismissed if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks relief against a defendant who is immune from such relief. Adds that the proceeding is automatically stayed until the judge rules on the motion to proceed as indigent. Adds that when a motion to proceed as an indigent is filed pro se by any person or entity and the complaint is brought against a federal, state, or local government entity, or government employee in their official capacity, or government employee in their individual capacity but based on the employee's work for the government, the motion to proceed as an indigent and the complaint must be presented to any superior court judge of the judicial district. Requires the judge to decide if the complaint is frivolous and requires dismissal if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks relief against a defendant who is immune from such relief. Automatically stays the proceeding until the judge rules on the motion to proceed as indigent. Makes conforming changes.
Amends GS 7A-305 to allow a clerk of superior court to reject a filing that initiates an action that is not accompanied by the required fees until the filing includes a motion to proceed as indigent or if the filing is made by a county or municipality that pays costs under GS 7A-317.
Amends GS 7A-306 by removing the specified facilities fee and instead allows the clerk to reject a filing that does not include the fees required under the statute unless it is accompanied by a motion to proceed as indigent or if the filing is made by a county or municipality that pays costs under GS 7A-317.
Amends GS 7A-307 by amending the costs that are assessed for administration of the estates of decedents, minors, incompetents, of missing persons, in the administration of trusts under wills and under powers of attorney, in trust proceedings under GS 36C-2-203, in estate proceedings under GS 28A-2-4, in power of attorney proceedings under GS 32C-1-116(a), and in collections of personal property by affidavit, to allow where the clerk is required to assess the fee in GS 7A-307(a)(1), the fee in GS 7A-307(a)(1a), and the $106 fee in GS 7A-307(a)(2), for the clerk to reject a filing that is not accompanied by these fees, unless the filing is accompanied by a motion to proceed as indigent, or the filing is made by a county or municipality that pays costs in accordance with GS 7A-317. Allows a Public Administrator or Public Guardian to delay paying the required fees described until filing the inventory or first accounting.
Amends GS 7A-308 to allow a clerk to reject a filing that does not include the fees required under the statute unless it is made by a county or municipality paying costs according to GS 7A-317.
Effective October 1, 2026.
Section 21
Amends GS 7A-47.3 to require that the Chief Justice of the Supreme Court, when assigning superior court judges for a district consisting of at least one county with a population over 1 million, to include superior court judges from: (1) other districts in that same judicial division and (2) districts from any judicial division adjacent to the district consisting of at least one county with a population over 1 million. Limits how often a superior court judge from an adjacent division may be assigned under this provision to one six-month term every five years, except with the judge’s consent.
Section 22
Amends GS 7A-300.1 to allow AOC to contract with the governing bodies of cities and counties to provide local funds to supplement the salaries for magistrates.
Section 25
Amends GS 7A-305 by adding that for the specified civil actions, the listed fees are recoverable by the prevailing party who paid for them.
Section 26
Requires AOC to consult with the Office of Indigent Defense Services (IDS) and do the following by March 1, 2027: (1) report on the processes to enforce correction of errors in global party records in Enterprise Justice and update records of civil judgements owed to the State; and (2) identify any potential legislative changes that would facilitate speedy correction of erroneous court records and to enforce requirement of judicial finding of indigency before appointing counsel. Requires IDS to study the location of duty stations for employees of the Office of Capital Defender, review use of all leased office space by all IDS employees stationed in Durham, and report to the NCGA by March 1, 2027, on any costs savings that might result by reducing the footprint of leased office space.
Section 27.1
Amends GS 30-3.4, procedure for determining the elective share. Require that the summons and claims in the petition relate back to the date of the filing of the petition. Specifies that the requirement that a summons be issued within five days of the filing of the petition set out in GS 1A-1, Rule 4(a) does not apply. Makes other technical and organizational changes.
Section 27.4
Amends GS 36C-6-606, concerning revocation of provisions in revocable trust by divorce or annulment by specifying that the statute does not apply to a revocable trust if the settlor executes a subsequent valid amendment to the revocable trust which makes express reference to the revocable trust.