Bill Text: NC S586 | 2011-2012 | Regular Session | Introduced
Bill Title: Motion Hearings in Multicounty Dist./RCP 7
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2011-06-27 - Ch. SL 2011-317 [S586 Detail]
Download: North_Carolina-2011-S586-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS55184-LR-71A* (03/10)
Short Title: Motion Hearings in Multicounty Dist./RCP 7. |
(Public) |
|
Sponsors: |
Senator Newton. |
|
Referred to: |
|
|
A BILL TO BE ENTITLED
AN ACT amending rule 7 of the rules of civil procedure to provide that, with the permission of the senior resident superior court judge, a motion in a civil action in a county that is part of a multicounty judicial district may be heard during civil session in an included county different from where the case was filed.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1A‑1, Rule 7(b)(4) reads as rewritten:
"(b) Motions and other papers. –
…
(4) A motion in a civil action in a county that is
part of a multicounty judicial district may be heard in another county which is
part of that same judicial district with the permission of the senior resident
superior court judge of that district or of that judge's designee. Except for
emergencies as determined by the senior resident superior court judge or that
judge's designee, a motion in a civil action to be heard outside the county in
which the case is filed shall be heard at a civil session of court. filed
with the superior court clerk of a county that is in a superior court district
consisting of more than one county or parts of more than one county may be
heard in any county in that superior court district. The motion may be heard at
a regular civil or civil priority session of court or, with the consent of the
presiding judge, at a regular criminal or criminal priority session of court. A
party shall not object to the hearing of the motion outside the county with
whose superior court clerk the action was filed if the motion is heard within
the superior court district where the action is pending."
SECTION 2. This act becomes effective October 1, 2011, and applies to motions made on or after that date.