GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 995
The General Assembly of North Carolina enacts:
Section 1. G.S. 1A-1, Rule 8(a) reads as rewritten:
"(a) Claims for relief. - A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim shall contain
(1) A short and plain statement of the claim sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences, intended to be proved showing that the pleader is entitled to relief, and
(2) A demand for judgment
for the relief to which he deems himself entitled. Relief in the alternative or
of several different types may be demanded. In all negligence actions, and in
all claims for punitive damages in any civil action, wherein the matter in
controversy exceeds the sum or value of ten thousand dollars ($10,000), the
pleading shall not state the demand for monetary relief, but shall state that
the relief demanded is for damages incurred or to be incurred in excess of ten
thousand dollars ($10,000). However, at any time after service of the claim for
relief, any party may request of the claimant a written statement of the
monetary relief sought, and the claimant shall, within 10 30 days
after such service, provide such statement, which shall not be filed with the
clerk until the action has been called for trial or entry of default entered.
Such statement may be amended in the manner and at times as provided by Rule
15."
Sec. 2. G.S. 7A-377(a) reads as rewritten:
"(a) Any citizen of the
State may file a written complaint with the Commission concerning the
qualifications or conduct of any justice or judge of the General Court of
Justice, and thereupon the Commission shall make such investigation as it deems
necessary. The Commission may also make an investigation on its own motion. The
Commission is authorized to issue process to compel the attendance of witnesses
and the production of evidence, to administer oaths, to punish for contempt,
and to prescribe its own rules of procedure. No justice or judge shall be
recommended for censure or removal unless he has been given a hearing affording
due process of law. All papers filed with and proceedings before the
Commission are confidential, unless the judge involved shall otherwise request.
The recommendations of the Commission to the Supreme Court, and the record
filed in support of the recommendations are not confidential. Unless
otherwise waived by the justice or judge involved, all papers filed with and
proceedings before the Commission, including any preliminary investigation
which the Commission may make, are confidential, except as provided herein.
After the preliminary investigation is completed, and if the Commission
concludes that formal proceedings should be instituted, the notice and
complaint filed by the Commission, along with the answer and all other
pleadings, are not confidential. Formal hearings ordered by the
Commission are not confidential, and recommendations of the Commission to the
Supreme Court, along with the record filed in support of such recommendations
are not confidential. Testimony and other evidence presented to the
Commission is privileged in any action for defamation. No other
publication of such testimony or evidence is privileged, except that the record
filed with the Supreme Court continues to be privileged. At least
five members of the Commission must concur in any recommendation to censure or
remove any justice or judge. A respondent who is recommended for censure or
removal is entitled to a copy of the proposed record to be filed with the
Supreme Court, and if he has objections to it, to have the record settled by
the Commission. He is also entitled to present a brief and to argue his case,
in person and through counsel, to the Supreme Court. A majority of the members
of the Supreme Court voting must concur in any order of censure or removal. The
Supreme Court may approve the recommendation, remand for further proceedings,
or reject the recommendation. A justice of the Supreme Court or a member of the
Commission who is a judge is disqualified from acting in any case in which he
is a respondent."
Sec. 3. Section 1 of this act is effective October 1, 1990, and shall apply to all requests made on or after that date. Section 2 is effective October 1, 1990, except that prior law applies to papers filed with the Commission prior to October 1, 1990, and proceedings before the Commission prior to October 1, 1990.
In the General Assembly read three times and ratified this the 20th day of July, 1990.