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NC H743

Bill

Status

Introduced

4/18/2023

Primary Sponsor

Carson Smith

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Removes the requirement that magistrate ex parte domestic violence protective orders expire and be scheduled for a district court judge hearing "by the end of the next day on which the district court is in session."

  • Ex parte orders entered by magistrates when district court is unavailable will now be entered and scheduled for hearing before a district court judge in accordance with the procedures outlined in subsection (c) of G.S. 50B-2.

  • Applies to ex parte domestic violence protective orders issued when a magistrate is authorized to hear emergency relief motions because the district court is not in session and no judge will be available for four or more hours.

  • Becomes effective October 1, 2023, and applies only to ex parte orders entered on or after that date.

Legislative Description

Extend Expiration/Magistrate Ex Parte Orders

Civil Procedure; Courts; Crimes; District Court; Domestic Violence; Magistrates; Public; Women; Civil Actions; Family Issues

Last Action

Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

4/19/2023

Committee Referrals

Judiciary II4/19/2023

Full Bill Text

No bill text available