Bill Summary for H 620 (2025-2026)
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View NCGA Bill Details | 2025-2026 Session |
AN ACT TO MODIFY PROVISIONS AFFECTING THE COURTS OF NORTH CAROLINA AND THE ADMINISTRATIVE OFFICE OF THE COURTS.Intro. by Stevens.
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Bill summary
House committee substitute to the 1st edition makes the following changes. Makes organizational changes.
Section 5.
Makes a clarifying change to GS 35A-1231 (pertaining to required bonds before letters of guardianship are issued), giving only the clerk the ability to approve the bond.
Section 6.
Makes conforming change to GS 29-30 (election of surviving spouse to take a life interest in lieu of intestate share) to reflect change from jury to commission. Extends the time periods relating to the clerk’s issuance of notice under GS 28A-5-2(b) (implied renunciation) when no person applies for letters of administration within 30 days of the death of a person who died intestate from 15 days to 20 days.
Section 9.
Makes technical changes to GS 50B-2 (relating to domestic violence protective orders), and to GS 50B-4 (concerning service of motions for contempt). Changes the effective date from December 1, 2025, to when the section becomes law.
Section 11.
Changes the time that a court order of either inpatient or outpatient commitment must be sent to the listed parties under GS 122C-271 to within 48 hours of the hearing (was, in no event less than 48 hours after the hearing).
Section 13.
Now provides for a certificate of service to accompany the initial filing of a proceeding to remove or suspend a clerk of superior court under GS 7A-105. Requires the proceeding to be filed in the superior court division and county where the clerk resides. Subjects the sworn affidavit to the requirements of Rule 11 of the NC Rules of Civil Procedure (good faith filings). Provides for waiver of court costs if the petitioner is an elected or appointed official of the NC Judicial Branch. Requires dismissal without prejudice, as described, if court costs are not paid within 30 days of the proceeding’s commencement. Now requires that the chief judge provide notice to the senior regular resident superior court judge (senior judge) when the action is commenced and costs are paid (was, after filing and senior’ judge’s obligation to review the filing did not kick in until costs were paid). Requires the senior judge to make findings of fact and conclusions of law, in addition to a written order in their probable cause determination (was, just a written order with specified findings). Now requires that the senior judge find immediate and irreparable injury, loss, or damage to the public or administration of justice if the clerk remains in office before the senior judge may remove the clerk from office while the proceedings are ongoing. Now requires service under Rule 5 (was, 4j) of the NC Rules of Civil Procedure (service of pleadings and other papers) as soon as practicable after entry of the order (was, within 10 days). Makes conforming changes. Extends the time that the senior judge has to set a hearing if there is probable cause for the allegations to not less than 30 days but not more than 60 days after service (was not less than 10 days but no more than 30 days after service). Sets the burden of proof at clear and convincing evidence. Requires findings of fact, conclusions of law, and a written order if, after the hearing, the court finds that grounds for removal exist (was, just an order). Requires the court to enter an order of dismissal if no grounds for removal exist. Specifies that the State rules of evidence and certain State rules of civil procedure apply to proceedings. Makes clarifying, conforming, and technical changes.
Section 18 (new).
Expands the proceedings where statements and conduct occurring during settlement proceedings are admissible under GS 7A-38.1(l) (designating settlement negotiations in mediated settlement conferences in superior court and other settlement proceedings inadmissible), GS 7A-38.4(j) (same-district court), GS 7A-38.3B (same-clerk of superior court), and GS 7A-38.3D(k) (same-district criminal courts) to include proceedings of abuse, neglect, or dependence of a juvenile under GS Chapter 7B or for an adult under Articles 6 or 6A of Chapter 108A. Makes clarifying changes. Clarifies that nothing in any of the above listed statutes should be construed as permitting an individual to obtain immunity from prosecution for criminal conduct or excusing an individual from reporting requirements under the General Statutes, including those specified.
Section 19 (new).
Makes clarifying change to GS 1A-1, Rule 63 so that it is clear that the senior resident superior court judge for the district may take over a trial or other proceeding if the presiding judge is unavailable, as specified. Requires, in GS 20-79.6, a special license plate, as described, be issued to a senior resident superior court judge serving in the listed districts. Removes provisions pertaining to district groupings having the same numeric designations, that have more than one regular resident superior court judge, and provisions pertaining to when “A” plates are issued in districts with two or more regular resident superior court judges.
Section 20 (new).
Expands the disciplinary authority of the State bar under GS 84-28 to include discipline of attorneys admitted for limited practice or attorneys not licensed to practice law in the State but who render or who offer to render legal services in the State. Makes conforming changes.
Section 21 (new).
Allows for the specified physical documents to be converted to an electronic format for filing with the General Court of Justice under GS 7A-49.5. Requires original wills and codicils to also be submitted in hard copy to the clerk.