North Carolina SB 89: Filing by Clerk/Mag. and Clerk Pilot.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 3
SENATE BILL 89
Judiciary I Committee Substitute Adopted 3/10/15
House Committee Substitute Favorable 6/15/16

Short Title: Filing by Clerk/Mag. and Clerk Pilot. (Public)
Sponsors:
Referred to:
February 19, 2015
*S89-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY CERTAIN LAWS RELATING TO THE FILING OF DOCUMENTS 2
BY THE CLERK OF COURT, TO DIRECT THE ADMINISTRATIVE OFFICE OF THE 3
COURTS TO DEVELOP AND IMPLEMENT A PILOT MAGISTRATE/CLERK 4
STAFFING PROJECT, AND TO REPEAL A SEPARATE MENTAL HEALTH RECORD 5
CHECK REQUIREMENT FOR A PISTOL PURCHASE PERMIT UPON COMPLETION 6
OF RECORD DIGITIZATION. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. G.S. 1A-1, Rule 5, reads as rewritten: 9
"Rule 5. Service and filing of pleadings and other papers. 10
... 11
(e) (1) Filing with the court defined. – The filing of pleadings and other papers with 12
the court pursuant to the rules promulgated under G.S. 7A-109 or subdivision 13
(2) of this subsection as required by these rules shall be made by filing them 14
with the clerk of the court, except that the judge may permit the papers to be 15
filed with him, in which event he shall note thereon the filing date and forthwith 16
transmit them to the office of the clerk. The failure to affix a date stamp or file 17
stamp on any pleading or other papers filed in the courts shall not affect the 18
sufficiency, validity, or enforceability of the document. 19
(2) Filing by electronic means. – If, pursuant to G.S. 7A-34 G.S. 7A-34, 20
G.S. 7A-49.5, and G.S. 7A-343, the Supreme Court and the Administrative 21
Officer of the Courts establish uniform rules, regulations, costs, procedures and 22
specifications for the filing of pleadings or other court papers by electronic 23
means, filing may be made by the electronic means when, in the manner, and to 24
the extent provided therein." 25
SECTION 2. G.S. 1A-1, Rule 58, reads as rewritten: 26
"Rule 58. Entry of judgment. 27
Subject to the provisions of Rule 54(b), a judgment is entered when it is reduced to writing, 28
signed by the judge, and filed with the clerk of court. court in accordance with Rule 5. The party 29
designated by the judge or, if the judge does not otherwise designate, the party who prepares the 30
judgment, shall serve a copy of the judgment upon all other parties within three days after the 31
judgment is entered. Service and proof of service shall be in accordance with Rule 5. If service is 32
by mail, three days shall be added to the time periods prescribed by Rule 50(b), Rule 52(b), and 33
Rule 59. All time periods within which a party may further act pursuant to Rule 50(b), Rule 52(b), 34
or Rule 59 shall be tolled for the duration of any period of noncompliance with this service 35

General Assembly Of North Carolina Session 2015
Page 2 Senate Bill 89-Third Edition
requirement, provided however that no time period under Rule 50(b), Rule 52(b), or Rule 59 shall 1
be tolled longer than 90 days from the date the judgment is entered. Subject to the provisions of 2
Rule 7(b)(4), consent for the signing and entry of a judgment out of term, session, county, and 3
district shall be deemed to have been given unless an express objection to such action was made 4
on the record prior to the end of the term or session at which the matter was heard. 5
Notwithstanding any other law to the contrary, any judgment entered by a magistrate in a 6
small claims action pursuant to Article 19 of Chapter 7A shall be entered in accordance with this 7
Rule except judgments announced and signed in open court at the conclusion of a trial are 8
considered to be served on the parties, and copies of any judgment not announced and signed in 9
open court at the conclusion of a trial shall be served by the magistrate on all parties in accordance 10
with this Rule, within three days after the judgment is entered. If service is by mail, three days 11
shall be added to the time periods prescribed by G.S. 7A-228. All time periods within which a 12
party may further act pursuant to G.S. 7A-228 shall be tolled for the duration of any period of 13
noncompliance of this service requirement, provided that no time period shall be tolled longer than 14
90 days from the date judgment is entered." 15
SECTION 3. Pilot Magistrate/Clerk Staffing Project. – The Administrative Office of 16
the Courts shall establish and implement a pilot project that will allow the clerk of superior court 17
of a county, with the written consent of the chief district court judge for the district in which the 18
county is located, to hire one deputy clerk or assistant clerk, based on the assistant clerk allocation 19
formula established by the Administrative Office of the Courts, in lieu of one of the magistrate 20
positions allocated to that county, notwithstanding the minimum number of magistrates prescribed 21
for each county under G.S. 7A-133(c). The pilot project is authorized for counties with three or 22
four magi