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NC H1002

Bill

Status

Introduced

5/2/2024

Primary Sponsor

Carla Cunningham

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Superior or district court judges, magistrates, or clerks of superior court must make written findings when authorizing a person to appeal to district court from small claims court as an indigent.

  • Written findings must include either: (1) all criteria from G.S. 1-110 that led to the indigent authorization and all information or evidence used to determine those criteria existed, or (2) a statement that the authorization was not based on G.S. 1-110 criteria and all information or evidence used to support the indigent authorization.

  • The Administrative Office of the Courts shall modify Form AOC-G-106 to reflect the new statutory requirements.

  • $50,000 in nonrecurring funds are appropriated to the Administrative Office of the Courts for the 2024-2025 fiscal year to implement changes and train judicial personnel and court stakeholders.

  • Sections 1 and 2 become effective October 1, 2024, and apply to appeals entered on or after that date; the remainder of the act becomes effective July 1, 2024.

Legislative Description

Require Findings for Certain Indigent Appeals

Aoc; Appropriations; Budgeting; Civil Procedure; Courts; District Court; Indigents; Judicial Dept.; Poverty; Public; Superior Co

Last Action

Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

5/6/2024

Committee Referrals

Judiciary I5/6/2024

Full Bill Text

No bill text available