GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2011-317
SENATE BILL 586
AN ACT amending rule 7 of the rules of civil procedure to provide that, with the permission of the senior resident superior court judge, a motion in a civil action in a county that is part of a multicounty judicial district may be heard during civil session in an included county different from where the case was filed.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1A-1, Rule 7(b)(4) reads as rewritten:
"(b) Motions and other papers. -
A motion in a civil action in a county that is part of a multicounty
judicial district may be heard in another county which is part of that same
judicial district with the permission of the senior resident superior court
judge of that district or of that judge's designee. Except for emergencies as
determined by the senior resident superior court judge or that judge's
designee, a motion in a civil action to be heard outside the county in which
the case is filed shall be heard at a civil session of court.
the superior court clerk of a county that is in a superior court district
consisting of more than one county or parts of more than one county may be
heard in any county in that superior court district. The motion may be heard at
a regular civil or civil priority session of court or, with the consent of the
presiding judge, at a regular criminal or criminal priority session of court. A
party shall not object to the hearing of the motion outside the county with
whose superior court clerk the action was filed if the motion is heard within
the superior court district where the action is pending."
SECTION 1.1. If House Bill 542 of the 2011 Regular Session of the General Assembly becomes law, then Section 4.2 of House Bill 542 reads as rewritten:
"SECTION 4.2. Section 4.1.(a) of this act is effective when it becomes law. The remainder of this act becomes effective October 1, 2011, and applies to actions arising on or after that date."
SECTION 2. This act becomes effective October 1, 2011, and applies to motions made on or after that date.
In the General Assembly read three times and ratified this the 17th day of June, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Approved 11:01 a.m. this 27th day of June, 2011