Agenda Package 5-6-13 Reg. Meeting

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 S SENATE BILL 385* Short Title: Courts/Procedure and Fee Amendments. -AB (Public) Sponsors: Senator Randleman (Primary Sponsor). Referred to: Judiciary I. March 21, 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 aetiefs actions in district court, where 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 court, except that if a case is assigned to a 15 special superior court judge as a complex business case under G.S. 7A -45.3, 16 upon its assignment the party that files the notice of designation or motion 17 for discretionary complex business designation shall pay an additional one 18 thousand dollars ($1,000) and the sum of 19 one hundred thirty dollars ($130.00) in the district court except that if the 20 case is assigned to a magistrate the sum shall be eighty dollars ($80.00). 21 Sums collected under this subdivision shall be remitted to the State 22 Treasurer. The State Treasurer shall remit the sum of one dollar and fifty 23 cents ($1.50) of each fee collected under this subdivision to the North 24 Carolina State Bar for the provision of services described in G.S. 7A- 474.4, 25 and ninety -five cents ($.95) of each fee collected under this subdivision to 26 the North Carolina State Bar for the provision of services described in 27 G.S. 7A- 474.19." 28 SECTION 3. G.S. 7A- 305(a5) reads as rewritten: 29 "(a5) In every civil action in the superior or district court wherein a party files a pleading 30 containing one or more unterclaims, third -party complaints or cross - claims, 31 except for counterclaim and cross -claim actions brought under Chapter 50B of the General 32 Statutes for which costs are assessed pursuant to subsection (al) of this section, the following 33 shall be assessed: 34 (1) For the use of the courtroom and related judicial facilities, the sum of twelve 35 dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 36 dollars ($16.00) in district and superior court, to be remitted to the imAnnn