Agenda Package 5-6-13 Reg. Meeting

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V�. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 H HOUSE BILL 343* Committee Substitute Favorable 4/10/13 2 Short Title: Courts/Procedure and Fee Amendments. -AB (Public) Sponsors: Referred to: March 20, 2013 1 A BILL TO BE ENTITLED 2 AN ACT TO ELIMINATE ARBITRATION CAPS IN DISTRICT COURT, TO MAKE 3 CLARIFICATIONS TO COURT FEES, TO AMEND THE MOTION FEE EXEMPTION, 4 TO REQUIRE COUNTIES AND MUNICIPALITIES TO ADVANCE FEES, AND TO 5 PROVIDE PRIORITY FOR THE PAYMENT OF CRIMINAL COSTS AND FEES. 6 The General Assembly of North Carolina enacts: 7 SECTION 1. G.S. 7A- 37.1(c) reads as rewritten: 8 "(c) This procedure may be employed in civil ae#eus actions in district court. whom 9 , except that it shall not be employed in 10 actions in which the sole claim is an action on an account, including appeals from magistrates 11 on such actions." 12 SECTION 2. G.S. 7A- 305(a)(2) reads as rewritten: 13 "(2) For support of the General Court of Justice, the sum of one hundred eighty 14 dollars ($180.00) in the superior eeuA, e*eept that if a ease is assigned to-& 15 speed - superior- - seuFt judge as a eemplex business ease under- G.S .7A -45.3 16 17 assignmext, and the sum of one hundred thirty dollars ($130.00) in the 18 district court except that if the case is assigned to a magistrate the sum shall 19 be eighty dollars ($80.00). If a case is assigned to a special superior court 20 judge as a complex business case under G.S. 7A -45.3 upon assignment the 21 party filing the notice of designation pursuant to G.S. 7A -45.4 or the motion 22 for complex business designation shall pay an additional one thousand 23 dollars ($1,000) for support of the General Court of Justice: if a case is 24 assigned to a special superior court judge as a complex business case under 25 G.S. 7A -45.3 by a court on its own motion upon assignment the plaintiff 26 shall pay an additional one thousand dollars ($1,000) for support of the 27 General Court of Justice. Sums collected under this subdivision shall be 28 remitted to the State Treasurer. The State Treasurer shall remit the sum of 29 one dollar and fifty cents ($1.50) of each fee collected under this subdivision 30 to the North Carolina State Bar for the provision of services described in 31 G.S. 7A- 474.4, and ninety -five cents ($.95) of each fee collected under this 32 subdivision to the North Carolina State Bar for the provision of services 33 described in G.S. 7A- 474.19." 34 SECTION 3. G.S. 7A- 305(a5) reads as rewritten: 35 "(a5) In every civil action in the superior or district court wherein a party files a pleading 36 containing one or more eeun4ereleims- counterclaims, third -party complaints, or cross - claims, I