GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-317
SENATE BILL 586
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 1.1. If House Bill 542 of the 2011 Regular Session of the General Assembly becomes law, then Section 4.2 of House Bill 542 reads as rewritten:
"SECTION 4.2. Section 4.1.(a) of this act is effective when it becomes law. The remainder of this act becomes effective October 1, 2011, and applies to actions arising on or after that date."
SECTION 2. This act becomes effective October 1, 2011, and applies to motions made on or after that date.
In the General Assembly read three times and ratified this the 17th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:01 a.m. this 27th day of June, 2011