GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH30260-ND-91
Short Title: AOC Agency Requests.-AB (Public)
Sponsors: Representative Stevens.
Referred to:
*DRH30260 -ND-91*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY PROVISIONS AFFECTING THE COURTS OF NORTH CAROLINA 2
AND THE ADMINISTRATIVE OFFICE OF THE COURTS. 3
The General Assembly of North Carolina enacts: 4
5
INCLUDE HIGH POINT UNIVERSITY SCHOOL OF LAW IN RECIPIENT LIST OF 6
STATE APPELLATE DIVISION REPORTS 7
SECTION 1. G.S. 7A-343.1(a) reads as rewritten: 8
"(a) The Administrative Officer of the Courts shall, upon request and at the State's 9
expense, distribute such number of copies of the appellate division reports to federal, State 10
departments and agencies, and to educational institutions of instruction, as follows: 11
… 12
University of North Carolina School of Law 5 13
North Carolina Central University School of Law 5 14
Duke University School of Law 5 15
Wake Forest University School of Law 5 16
Elon University School of Law 5 17
Campbell University School of Law 5 18
High Point University School of Law 5 19
…." 20
21
MODIFY PROVISIONS AFFECTING JUDICIALLY MANAGED ACCOUNTABILITY 22
AND RECOVERY COURTS 23
SECTION 2.(a) G.S. 7A-801 reads as rewritten: 24
"§ 7A-801. Monitoring and annual report. 25
The Administrative Office of the Courts shall monitor all local judicially managed 26
accountability and recovery courts, prepare an annual report on the implementation, operation, 27
and effectiveness of the State judicially managed accountability and recovery court program, and 28
submit the report to the chairs of the House and Senate Appropriations Committees on Justice 29
and Public Safety by March 1 of each year. Each judicially managed accountability and recovery 30
court and any court authorized to remain a drug treatment local judicially managed accountability 31
and recovery court under G.S. 7A-802, shall submit evaluation reports to the Administrative 32
Office of the Courts as requested." 33
SECTION 2.(b) G.S. 7A-792 reads as rewritten: 34
"§ 7A-792. Goals. 35
H.B. 620
Mar 31, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH30260-ND-91
The goals of the local judicially managed accountability and recovery courts funded under 1
this Article include the following: 2
…." 3
SECTION 2.(c) G.S. 7A-793 reads as rewritten: 4
"§ 7A-793. Establishment of North Carolina Judicially Managed Accountability and 5
Recovery Court Program. 6
The North Carolina Judicially Managed Accountability and Recovery Court Program is 7
established in the Administrative Office of the Courts to facilitate the creation, administration, 8
and funding of local judicially managed accountability and recovery courts. The Director of the 9
Administrative Office of the Courts shall provide any necessary staff for planning, organizing, 10
and administering the program. Local judicially managed accountability and recovery court 11
programs funded pursuant to this Article shall be operated consistently with the guidelines 12
adopted pursuant to G.S. 7A-795. Local judicially managed accountability and recovery courts 13
established and funded pursuant to this Article may consist of local judicially managed 14
accountability and recovery court programs approved by the Administrative Office of the Courts. 15
With the consent of either the chief district court judge or the senior resident superior court judge, 16
a local judicially managed accountability and recovery court may be established." 17
SECTION 2.(d) This section becomes effective August 1, 2025. 18
19
PROHIBIT USE OF MODIFIED ADMINISTRATIVE OFFICE OF THE COURTS 20
FORMS WITHOUT PROPER NOTICE TO CLIENTS 21
SECTION 3.(a) G.S. 7A-232 reads as rewritten: 22
"§ 7A-232. Forms. 23
The following forms are sufficient for the purposes indicated under this article. Substantial 24
conformity is sufficient. Forms promulgated by the Administrative Office of the Courts shall not 25
be modified in a way that maintains an appearance that the form was promulgated by the 26
Administrative Office of the Courts. Any attorney or party who modifies a form promulgated by 27
the Administrative Office of the Courts must clearly notate that the form has been modified from 28
the version promulgated by the Administrative Office of the Courts and specify what changes 29
were made to the form. 30
…." 31
SECTION 3.(b) This section is effective when it becomes law and applies to 32
modified forms used on or after that date. 33
34
REPEAL REQUIREMENTS OF PUBLIC NOTICE OF NAME CHANGE AT 35
COURTHOUSE BEFORE FILING THE NAME CHANGE 36
SECTION 4.(a) G.S. 101-2 reads as rewritten: 37
"§ 101-2. Procedure for changing name; petition; notice. 38
(a) A person who wishes, for good cause shown, to change his or her name must file an 39
application before the clerk of the superior court of the county in which the person resides, after 40
giving 10 days' notice of the application by publication in the area designated by the clerk of 41
superior court for posting notices in the county.resides. 42
(b) The publication in subsection (a) of this section is not required if the applicant: 43
(1) Is a participant in the address confidentiality program under Chapter 15C of 44
the General Statutes; or 45
(2) Provides evidence that the applicant is a victim of domestic violence, sexual 46
offense, or stalking. This evidence may include any of the following: 47
a. Law enforcement, court, or other federal or state agency records or 48
files. 49 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 3
b. Documentation from a program receiving funds from the Domestic 1
Violence Center Fund, if the applicant is alleged to be a victim of 2
domestic violence. 3
(c) The application and the court's entire record of the proceedings relating to the 4
applicant's name change is not a matter of public record where the applicant has complied with 5
subsection (b)(1) or (b)(2) of this section.applicant meets either of the following criteria: 6
(1) Is a participant in the address confidentiality program under Chapter 15C of 7
the General Statutes. 8
(2) Provides evidence that the applicant is a victim of domestic violence, sexual 9
offense, or stalking. This evidence may include any of the following: 10
a. Law enforcement, court, or other federal or state agency records or 11
files. 12
b. Documentation from a program receiving funds from the Domestic 13
Violence Center Fund, if the applicant is alleged to be a victim of 14
domestic violence. 15
Records qualifying under this subsection shall be maintained separately from other records, 16
shall be withheld from public inspection, and may be examined only by order of the court or with 17
the written consent of the applicant. 18
…." 19
SECTION 4.(b) This section becomes effective December 1, 2025, and applies to 20
all applications for a name change pursuant to Chapter 101 of the General Statutes filed on or 21
after that date. 22
23
MODIFY PROVISIONS RELATED TO GUARDIANSHIP FOR INCOMPETENT 24
PERSONS 25
SECTION 5.(a) G.S. 35A-1230 reads as rewritten: 26
"§ 35A-1230. Bond required before receiving property. 27
Except as otherwise provided by G.S. 35A-1212.1 and G.S. 35A-1225(a), no general 28
guardian or guardian of the estate shall be permitted to receive the ward's property until he has 29
given sufficient surety, approved by the clerk, to account for and apply the same under the 30
direction of the court, provided that if the guardian is a nonresident of this State and the value of 31
the property received exceeds one thousand dollars ($1,000) the surety shall be a bond under 32
G.S. 35A-1231(a) executed by a duly authorized surety company, or secured by cash in an 33
amount equal to the amount of the bond or by a mortgage executed under Chapter 109 of the 34
General Statutes on real estate located in the county, the value of which, excluding all prior liens 35
and encumbrances, shall be at least one and one-fourth times the amount of the bond; and further 36
provided that the nonresident shall appoint a resident agent to accept service of process in all 37
actions and proceedings with respect to the guardianship. The clerk shall not require a guardian 38
of the person who is a resident of North Carolina to post a bond; the clerk may require a 39
nonresident guardian of the person to post a bond or other security for the faithful performance 40
of the guardian's duties. As provided in G.S. 53-159 and G.S. 53-366(a)(10), no bond is required 41
of a bank or trust company licensed to do business in this State that has powers or privileges 42
granted in the charter to serve as guardian." 43
SECTION 5.(b) G.S. 35A-1231(a) reads as rewritten: 44
"(a) Before issuing letters of appointment to a general guardian or guardian of the estate 45
the clerk shall require the guardian to give a bond payable to the State. The clerk shall determine 46
the value of all the ward's personal property and the rents and profits of the ward's real estate by 47
examining, under oath, the applicant for guardianship or any other person or persons. The penalty 48
in the bond shall be set as follows: 49
… 50 General Assembly Of North Carolina Session 2025
Page 4 DRH30260-ND-91
The bond must be secured with two or more sufficient sureties, jointly and severally bound, and 1
must be acknowledged before and approved by the clerk. clerk or notary public. The bond must 2
be conditioned on the guardian's faithfully executing the trust reposed in him as such and obeying 3
all lawful orders of the clerk or judge relating to the guardianship of the estate committed to him. 4
The bond must be recorded in the office of the clerk appointing the guardian, except, if the 5
guardianship is transferred to a different county, it must be recorded in the office of the clerk in 6
the county where the guardianship is docketed." 7
SECTION 5.(c) G.S. 35A-1261 reads as rewritten: 8
"§ 35A-1261. Inventory or account within three months. 9
Every guardian, within three months after his appointment, shall file with the clerk an 10
inventory or account, inventory, upon oath, of the estate of his ward; but the clerk may extend 11
such time not exceeding six months, for good cause shown." 12
SECTION 5.(d) G.S. 35A-1295(a) reads as rewritten: 13
"(a) Every guardianship shall be terminated and all powers and duties of the guardian 14
provided in Article 9 of this Chapter shall cease when the ward:ward does any of the following: 15
(1) Ceases to be a minor as defined in G.S. 35A-1202(12),G.S. 35A-1202(12). 16
(2) Is adjudicated to be restored to competency pursuant to the provisions of 17
G.S. 35A-1130, orG.S. 35A-1130. 18
(3) Dies. 19
(4) Is no longer under the jurisdiction of North Carolina because the court has 20
issued a final order confirming transfer pursuant to the provisions of 21
G.S. 35B-30(g)." 22
SECTION 5.(e) This section becomes effective December 1, 2025. 23
24
MODIFY PROVISIONS RELATED TO THE ESTATE OF A DECEDENT 25
SECTION 6.(a) G.S. 29-30 reads as rewritten: 26
"§ 29-30. Election of surviving spouse to take life interest in lieu of intestate share provided. 27
(a) Except as provided in this subsection, in lieu of the intestate share provided in 28
G.S. 29-14 or G.S. 29-21, or of the elective share provided in G.S. 30-3.1, the surviving spouse 29
of an intestate or the surviving spouse who has petitioned for an elective share is entitled to take 30
as the surviving spouse's intestate share or elective share a life estate in one third in value of all 31
the real estate of which the deceased spouse was seised and possessed of an estate of inheritance 32
at any time during coverture. marriage. The surviving spouse is not entitled to take a life estate 33
in any of the following circumstances: 34
… 35
(d) In case of election to take a life estate in lieu of an intestate share or elective share, as 36
provided in either G.S. 29-14, 29-21, or 30-3.1, the clerk of superior court, with whom the 37
petition has been filed, shall summon and appoint a jury commission of three disinterested 38
persons who being first duly sworn shall promptly allot and set apart to the surviving spouse the 39
life estate provided for in subsection (a) of this section and make a final report of this action to 40
the clerk. 41
(e) The final report shall be filed by the jury commission not more than 60 days after the 42
summoning and appointment thereof, shall be signed by all jurors, and shall describe by metes 43
and bounds the real estate in which the surviving spouse shall have been allotted and set aside a 44
life estate. It shall be filed as a record of court and a certified copy thereof shall be filed and 45
recorded in the office of the register of deeds of each county in which any part of the real property 46
of the deceased spouse, affected by the allotment, is located. 47
…." 48
SECTION 6.(b) G.S. 28A-2A-15 reads as rewritten: 49
"§ 28A-2A-15. Certified copy of will proved in another state or country. 50 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 5
When a will, made by a citizen resident of this State, is proved and allowed in some other 1
state or country, and the original will cannot be removed from its place of legal deposit in such 2
other state or country, for probate in this State, the clerk of the superior court of the county where 3
the testator had his last usual residence or has any property, upon a duly certified copy or 4
exemplification of such will being exhibited to him for probate, shall take every order and 5
proceeding for proving, allowing and recording such copy as by law might be taken upon the 6
production of the original." 7
SECTION 6.(c) G.S. 28A-2A-17(a) reads as rewritten: 8
"(a) Subject to the provisions of subsection (b) of this section, if the will of a citizen 9
resident or subject of another state or country is probated in accordance with the laws of that 10
jurisdiction and a duly certified copy of the will and the probate proceedings are produced before 11
a clerk of superior court of any county wherein the testator had property, the copy of the will 12
shall be probated as if it were the original. If the jurisdiction is within the United States, the copy 13
of the will and the probate proceedings shall be certified by the clerk of the court wherein the 14
will was probated. If the jurisdiction is outside the United States, the copy of the will and probate 15
proceedings shall be certified by any ambassador, minister, consul or commercial agent of the 16
United States under his official seal." 17
SECTION 6.(d) G.S. 28A-5-1(b) reads as rewritten: 18
"(b) Implied Renunciation by Executor. – If any person named or designated as executor 19
fails to qualify or to renounce within 30 days after the will had been admitted to probate, (i) the 20
clerk of superior court may issue a notice to that person to qualify or move for an extension of 21
time to qualify within 15 20 days, or (ii) any other person named or designated as executor in the 22
will or any interested person may file a petition in accordance with Article 2 of this Chapter for 23
an order finding that person named or designated as executor to be deemed to have renounced. 24
If that person does not file a response to the notice or petition within 15 20 days from the date of 25
service of the notice or petition, the clerk of superior court shall enter an order adjudging that the 26
person has renounced. If the person files a response within 15 20 days from the date of service 27
of the notice or petition requesting an extension of time within which to qualify or renounce, 28
upon hearing, the clerk of superior court may grant to that person a reasonable extension of time 29
within which to qualify or renounce for cause shown. If that person qualifies within 15 20 days 30
of the date of service of the notice or petition, the clerk of superior court shall dismiss that notice 31
or petition, without prejudice, summarily and without hearing." 32
SECTION 6.(e) G.S. 28A-21-3 reads as rewritten: 33
"§ 28A-21-3. What accounts must contain. 34
Accounts filed with the clerk of superior court pursuant to G.S. 28A-21-1, G.S. 28A-21-1 35
and G.S. 28A-2-2, signed and under oath, shall contain:contain all of the following: 36
(1) The period which the account covers and whether it is an annual accounting 37
or a final accounting;accounting. 38
(2) The amount and value of the property of the estate according to the inventory 39
and appraisal or according to the next previous accounting, the amount of 40
income and additional property received during the period being accounted 41
for, and all gains from the sale of any property or otherwise;otherwise. 42
(3) All payments, charges, losses, and distributions;distributions. 43
(4) The property on hand constituting the balance of the account, if any; andany. 44
(5) Such other facts and information determined by the clerk to be necessary to 45
an understanding of the account." 46
SECTION 6.(f) G.S. 28A-28-2(a) reads as rewritten: 47
"(a) The petition shall be signed by the surviving spouse and verified to be accurate and 48
complete to the best of the spouse's knowledge and belief and shall state as follows:all of the 49
following: 50 General Assembly Of North Carolina Session 2025
Page 6 DRH30260-ND-91
(1) The name and address of the spouse and the fact that the spouse is the 1
surviving spouse of the decedent;decedent. 2
(2) The name and domicile of the decedent at the time of death;death. 3
(3) The date and place of death of the decedent;decedent. 4
(4) The date and place of marriage of the spouse and the decedent;decedent. 5
(5) A description sufficient to identify each tract of real property owned in whole 6
or in part by the decedent at the time of death;death. 7
(6) A description of the nature of the decedent's personal property and the location 8
of such property, as far as these facts are known or can with reasonable 9
diligence be ascertained;ascertained. 10
(7) The probable value of the decedent's personal property, so far as the value is 11
known or can with reasonable diligence be ascertained;ascertained. 12
(8) That no application or petition for appointment of a personal representative is 13
pending or has been granted in this State;State. 14
(9) That the spouse is the sole devisee or sole heir, or both, of the decedent, and 15
that there is no other devisee or heir; that the decedent's will, if any, does not 16
prohibit summary administration; and that any property passing to the spouse 17
under the will is not in trust;trust. 18
(10) The name and address of any executor or coexecutor named by the will and 19
that, if the decedent died testate, a copy of the petition has been personally 20
delivered or sent by first-class mail by the spouse to the last-known address 21
of any executor or coexecutor named by the will, if different from the 22
spouse;spouse. 23
(11) That, to the extent of the value of the property received by the spouse under 24
the will of the decedent or by intestate succession, the spouse assumes all 25
liabilities of the decedent that were not discharged by reason of death and 26
assumes liability for all taxes and valid claims against the decedent or the 27
estate, as provided in G.S. 28A-28-6; andG.S. 28A-28-6. 28
(12) If the decedent died testate, that the decedent's will has been admitted to 29
probate in the court of the proper county; that a duly certified copy of the will 30
has been will be recorded in each county in which is located any real property 31
owned by the decedent at the time of death; and that a certified copy of the 32
decedent's will is attached to the petition." 33
SECTION 6.(g) G.S. 20-77(b) reads as rewritten: 34
"(b) In the event of transfer as upon inheritance or devise, the Division shall, upon a receipt 35
of a certified copy of a probated will, letters of administration and/or a certificate from the clerk 36
of the superior court showing that the motor vehicle registered in the name of the decedent owner 37
has been assigned to the owner's surviving spouse as part of the spousal year's allowance, transfer 38
both title and license as otherwise provided for transfers. If a decedent dies intestate and no 39
administrator has qualified or the clerk of superior court has not issued a certificate of assignment 40
as part of the spousal year's allowance, or if a decedent dies testate with a small estate and leaving 41
a purported will, which, in the opinion of the clerk of superior court, does not justify the expense 42
of probate and administration and probate and administration is not demanded by any interested 43
party entitled by law to demand same, and provided that the purported will is filed in the public 44
records of the office of the clerk of the superior court, the Division may upon affidavit executed 45
by all heirs effect such transfer. The affidavit shall state the name of the decedent, date of death, 46
that the decedent died intestate or testate leaving a purported will and no administration is 47
pending or expected, that all debts have been paid or that the proceeds from the transfer will be 48
used for that purpose, the names, ages and relationship of all heirs and devisees (if there be a 49
purported will), and the name and address of the transferee of the title. A surviving spouse parent 50
of a minor or incompetent may execute the affidavit and transfer the interest of the decedent's 51 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 7
minor or incompetent children where such minor or incompetent does not have a guardian. A 1
transfer under this subsection shall not affect the validity nor be in prejudice of any creditor's 2
lien." 3
SECTION 6.(h) G.S. 31-11 reads as rewritten: 4
"§ 31-11. Depositories in offices of clerks of superior court where living persons may file 5
wills. 6
(a) The clerk of the superior court in each county of North Carolina shall be is required 7
to keep a receptacle or depository in which any person testator who desires to do so may file 8
deposit that person's testator's original paper will for safekeeping; and the safekeeping. The clerk 9
is only authorized to receive the will from the testator, or an agent or an attorney for the testator. 10
Once a testator has died, the clerk is not authorized to receive the will for the clerk's receptacle 11
or depository from any agent or attorney for the testator. 12
(b) The clerk shall, upon written request of the testator, or the duly authorized agent or 13
attorney for the testator, permit said will or testament to be withdrawn from said depository or 14
receptacle at any time prior to the death of the testator: Provided, that testator. 15
(c) While in the clerk's receptacle or depository, the contents of said will shall not be 16
made public or open to the inspection of anyone other than the testator or the testator's duly 17
authorized agent or attorney until such time as the said will shall be offered for probate.the 18
testator has died. Once the clerk has received proof of the testator's death, the clerk is authorized 19
to allow the will to be made open to the inspection of any person interested in the testator's estate. 20
The will shall remain in the clerk's receptacle or depository until the will is offered for probate. 21
(d) The clerk is required to retain the original paper will until withdrawn, filed in the 22
deceased testator's estate file, or once 60 years have passed since the will was originally deposited 23
with the clerk. If after 60 years the will has not been withdrawn or filed in the deceased testator's 24
estate file, the clerk is authorized to comply with records retention rules for deposited wills set 25
by the Director of the Administrative Office of the Courts." 26
SECTION 6.(i) This section becomes effective December 1, 2025. 27
28
CLARIFY THE JURISDICTION OF SUPERIOR COURT JUDGES ASSIGNED TO A 29
SPECIFIC CASE 30
SECTION 7. Article 7 of Chapter 7A of the General Statutes is amended by adding 31
a new section to read: 32
"§ 7A-47.4. Jurisdiction over assigned cases. 33
When the Chief Justice assigns a resident judge, special judge, or emergency judge to preside 34
over a specific case, the assigned judge has the same power and authority over the assigned case 35
as that of a regular judge over matters arising in the regular judge's district or set of districts as 36
defined in G.S. 7A-41.1(a)." 37
38
TECHNICAL CORRECTION TO REMOVE STATUTORY CROSS REFERENCE 39
SECTION 8. G.S. 28C-10 reads as rewritten: 40
"§ 28C-10. Claims against absentee. 41
Immediately upon the appointment of a permanent receiver under this Chapter, the permanent 42
receiver shall publish a notice addressed to all persons having claims against the absentee 43
informing them of the action taken and requiring them to file their claims under oath with the 44
permanent receiver. If any claimant fails to file his sworn claim within six months from the date 45
of the first publication of such notice, the receiver may plead this fact in bar of his claim. Such 46
notice shall be published in the same manner as that now prescribed by statute (G.S. 28-47) for 47
claims against the estate of a decedent. Any party in interest may contest the validity of any claim 48
before the judge, on due notice given to the permanent receiver and the person whose claim is 49
contested." 50
51 General Assembly Of North Carolina Session 2025
Page 8 DRH30260-ND-91
MODIFY PROVISIONS RELATED TO DOMESTIC VIOLENCE PROTECTIVE 1
ORDERS 2
SECTION 9.(a) G.S. 50B-2 reads as rewritten: 3
"§ 50B-2. Institution of civil action; motion for emergency relief; temporary orders; 4
temporary custody. 5
(a) Any person residing in this State may seek relief under this Chapter by filing a civil 6
action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes 7
alleging acts of domestic violence against himself or herself or a minor child who resides with or 8
is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may 9
file a civil action and proceed pro se, without the assistance of legal counsel. The district court 10
division of the General Court of Justice shall have original jurisdiction over actions instituted 11
under this Chapter. Any action for a domestic violence protective order requires that a summons 12
be issued and served. The summons issued pursuant to this Chapter shall require the defendant 13
to answer within 10 days of the date of service. Attachments to the summons shall include the 14
complaint, notice of hearing, any temporary or ex parte order that has been issued, and other 15
papers through the appropriate law enforcement agency where the defendant is to be served. filed. 16
In compliance with the federal Violence Against Women Act, no court costs or attorneys' fees 17
shall be assessed for the filing, issuance, registration, or service of a protective order or petition 18
for a protective order or witness subpoena, except as provided in G.S. 1A-1, Rule 11. 19
(b) Emergency Relief. – A party may move the court for emergency relief if he or she 20
believes there is a danger of serious and immediate injury to himself or herself or a minor child. 21
A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held 22
after five days' notice of the hearing to the other party or after five days from the date of service 23
of process on the other party, whichever occurs first, provided, however, that no hearing shall be 24
required if the service of process is not completed on the other party. If the party is proceeding 25
pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a 26
notice of hearing within the time periods provided in this subsection, and shall effect service of 27
the summons, complaint, notice, and other papers through the appropriate law enforcement 28
agency agency, if in North Carolina, where the defendant is to be served. 29
(c) Ex Parte Orders. – 30
… 31
(7) Upon the issuance of an ex parte order under this subsection, if the party is 32
proceeding pro se, the Clerk shall set a date for hearing and issue a notice of 33
hearing within the time periods provided in this subsection, and shall effect 34
service of the summons, complaint, notice, order and other papers through the 35
appropriate law enforcement agency agency, if in North Carolina, where the 36
defendant is to be served. 37
…." 38
SECTION 9.(b) G.S. 50B-4(a) reads as rewritten: 39
"(a) A party may file a motion for contempt for violation of any order entered pursuant to 40
this Chapter. This party may file and proceed with that motion pro se, using forms provided by 41
the clerk of superior court or a magistrate authorized under G.S. 50B-2(c1). Upon the filing pro 42
se of a motion for contempt under this subsection, the clerk, or the authorized magistrate, if the 43
facts show clearly that there is danger of acts of domestic violence against the aggrieved party or 44
a minor child and the motion is made at a time when the clerk is not available, shall schedule and 45
issue notice of a show cause hearing with the district court division of the General Court of Justice 46
at the earliest possible date pursuant to G.S. 5A-23. The Clerk, or the magistrate in the case of 47
notice issued by the magistrate pursuant to this subsection, shall effect service of the motion, 48
notice, and other papers through the appropriate law enforcement agency agency, if in North 49
Carolina, where the defendant is to be served." 50 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 9
SECTION 9.(c) This section becomes effective December 1, 2025, and applies to 1
service of process occurring on or after that date. 2
3
MODIFY PROVISIONS RELATED TO JUVENILE CUSTODY 4
SECTION 10.(a) G.S. 7B-1903 reads as rewritten: 5
"§ 7B-1903. Criteria for secure or nonsecure custody. 6
(a) When a request is made for nonsecure custody, the court shall first consider release 7
of the juvenile to the juvenile's parent, guardian, custodian, or other responsible adult. An order 8
for nonsecure custody shall be made only when there is a reasonable factual basis to believe the 9
matters alleged in the petition petition, indictment, or information are true, and that:that either of 10
the following circumstances exists: 11
(1) The juvenile is a runaway and consents to nonsecure custody; orcustody. 12
(2) The juvenile meets one or more of the criteria for secure custody, but the court 13
finds it in the best interests of the juvenile that the juvenile be placed in a 14
nonsecure placement. 15
(b) When a request is made for secure custody, the court may order secure custody only 16
where the court finds there is a reasonable factual basis to believe that the juvenile committed 17
the offense as alleged in the petition, indictment, or information, and that one of the following 18
circumstances exists: 19
… 20
(3) The juvenile has willfully failed to appear on a pending delinquency or 21
criminal charge or on charges of violation of probation or post-release 22
supervision, providing the juvenile was properly notified. 23
(4) A delinquency or criminal charge is pending against the juvenile, and there is 24
reasonable cause to believe the juvenile will not appear in court. 25
…." 26
SECTION 10.(b) G.S. 7B-1904 reads as rewritten: 27
"§ 7B-1904. Order for secure or nonsecure custody. 28
(a) The custody order shall be in writing and shall direct a law enforcement officer or 29
juvenile court counselor to assume custody of the juvenile and to make due return on the order. 30
(b) An initial order for secure custody may be issued following the filing of the petition 31
and before the juvenile has been served with the petition pursuant to G.S. 7B-1806. The official 32
executing the order shall give a copy of the order to the juvenile and the juvenile's parent, 33
guardian, or custodian. If the juvenile has not been served with the petition upon being detained, 34
the juvenile shall be served with the petition no more than 72 hours after the juvenile has been 35
detained. If the order is for nonsecure custody, the official executing the order shall also give a 36
copy of the petition and order to the person or agency with whom the juvenile is being placed. If 37
the order is for secure custody, copies of the petition and custody order shall accompany the 38
juvenile to the detention facility or holdover facility of the jail. A message of the Department of 39
Public Safety stating that a juvenile petition and secure custody order relating to a specified 40
juvenile are on file in a particular county shall be authority to detain the juvenile in secure custody 41
until a copy of the juvenile petition and secure custody order can be forwarded to the juvenile 42
detention facility. The copies of the juvenile petition and secure custody order shall be 43
transmitted to the detention facility no later than 72 hours after the initial detention of the 44
juvenile. 45
(c) An initial order for secure custody may be issued when the superior court has ordered 46
the removal of a case to juvenile court pursuant to G.S. 15A-960. The official executing the order 47
shall give a copy of the order to the juvenile and the juvenile's parent, guardian, or custodian. If 48
the order is for nonsecure custody, the official executing the order shall also give a copy of the 49
order to remove the case from superior court and nonsecure custody order to the person or agency 50
with whom the juvenile is being placed. If the order is for secure custody, copies of the order to 51 General Assembly Of North Carolina Session 2025
Page 10 DRH30260-ND-91
remove the case from superior court and the custody order shall accompany the juvenile to the 1
detention facility or holdover facility of the jail. A message of the Department of Public Safety 2
stating that an order to remove the case from superior court and secure custody order relating to 3
a specified juvenile are on file in a particular county shall be authority to detain the juvenile in 4
secure custody until copies of both orders can be forwarded to the juvenile detention facility. The 5
copies of the order to remove the case from superior court and the secure custody order shall be 6
transmitted to the detention facility no later than 72 hours after the initial detention of the 7
juvenile." 8
SECTION 10.(c) G.S. 15A-960 is amended by adding a new subsection to read: 9
"(c) If the superior court removes the case to juvenile court for adjudication and the 10
juvenile has been granted pretrial release as provided in G.S. 15A-533 and G.S. 15A-534, the 11
obligor shall be released from the juvenile's bond upon the superior court's review of whether the 12
juvenile shall be placed in secure custody as provided in G.S. 7B-1903." 13
SECTION 10.(d) G.S. 15A-534(h) reads as rewritten: 14
"(h) A bail bond posted pursuant to this section is effective and binding upon the obligor 15
throughout all stages of the proceeding in the trial division of the General Court of Justice until 16
the entry of judgment in the district court from which no appeal is taken or the entry of judgment 17
in the superior court. The obligation of an obligor, however, is terminated at an earlier time 18
if:upon the occurrence of any of the following: 19
(1) A judge authorized to do so releases the obligor from his bond; orthe bond. 20
(2) The principal is surrendered by a surety in accordance with G.S. 15A-540; 21
orG.S. 15A-540. 22
(3) The proceeding is terminated by voluntary dismissal by the State before 23
forfeiture is ordered under G.S. 15A-544.3; orG.S. 15A-544.3. 24
(4) Prayer for judgment has been continued indefinitely in the district court; 25
orcourt. 26
(5) The court has placed the defendant on probation pursuant to a deferred 27
prosecution or conditional discharge. 28
(6) The court's review of a juvenile's secure or nonsecure custody status pursuant 29
to remand under G.S. 7B-2603 or the removal under G.S. 15A-960 for 30
disposition as a juvenile case." 31
SECTION 10.(e) This section becomes effective December 1, 2025, and applies to 32
proceedings occurring on or after that date. 33
34
DIRECT CLERK TO SEND INPATIENT COMMITMENT ORDER TO CERTAIN 35
PERSONS 36
SECTION 11.(a) G.S. 122C-271(b) reads as rewritten: 37
"(b) If the respondent has been held in a 24-hour facility pending the district court hearing 38
pursuant to G.S. 122C-268, the court may make one of the following dispositions: 39
… 40
(2) If the court finds by clear, cogent, and convincing evidence that the respondent 41
has a mental illness and is dangerous to self, as defined in G.S. 122C-3(11)a., 42
or others, as defined in G.S. 122C-3(11)b., it may order inpatient commitment 43
at a 24-hour facility described in G.S. 122C-252 for a period not in excess of 44
90 days. However, no respondent found to have both an intellectual disability 45
and a mental illness may be committed to a State, area, or private facility for 46
individuals with intellectual disabilities. An individual who has a mental 47
illness and is dangerous to self, as defined in G.S. 122C-3(11)a., or others, as 48
defined in G.S. 122C-3(11)b., may also be committed to a combination of 49
inpatient and outpatient commitment at both a 24-hour facility and an 50
outpatient treatment physician or center for a period not in excess of 90 days. 51 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 11
If the commitment proceedings were initiated as the result of the respondent's 1
being charged with a violent crime, including a crime involving an assault 2
with a deadly weapon, and the respondent was found incapable of proceeding, 3
the commitment order shall so show. If the court orders inpatient commitment 4
for a respondent who is under an outpatient commitment order, the outpatient 5
commitment is terminated; and the clerk of the superior court of the county 6
where the district court hearing is held shall send a notice of the inpatient 7
commitment to the clerk of superior court where the outpatient commitment 8
was being supervised. The clerk of court shall send a copy of the inpatient 9
commitment order to the designated inpatient treatment physician or center 10
and to the respondent client or the legally responsible person. The clerk of 11
court shall also send a copy of the order to that LME/MCO. Copies of inpatient 12
commitment orders sent by the clerk of court to an inpatient treatment center 13
or physician under this section, including orders sent to an LME/MCO, shall 14
be sent by the most reliable and expeditious means, but in no event less than 15
48 hours after the hearing. 16
…." 17
SECTION 11.(b) G.S. 122C-287 reads as rewritten: 18
"§ 122C-287. Disposition. 19
The court may make one of the following dispositions: 20
(1) If the court finds by clear, cogent, and convincing evidence that the respondent 21
is a substance abuser and is dangerous to self or others, it shall order for a 22
period not in excess of 180 days commitment to and treatment by an area 23
facility or physician who is responsible for the management and supervision 24
of the respondent's commitment and treatment. The clerk of court shall send a 25
copy of the commitment order to the designated area facility or physician 26
responsible for the management and supervision of the respondent's 27
commitment and treatment by the most reliable and expeditious means. Before 28
ordering commitment to and treatment by an area facility or a physician who 29
is not a physician at an inpatient facility, the court shall follow the procedures 30
specified in G.S. 122C-271(a)(3) and G.S. 122C-271(b)(4), as applicable. 31
…." 32
SECTION 11.(c) This section is effective when it becomes law and applies to orders 33
issued on or after that date. 34
35
INCLUDE REFERENCE TO RETIREMENT IN PROVISIONS REGARDING 36
JUDICIAL SETTLEMENTS 37
SECTION 12.(a) G.S. 1-283 reads as rewritten: 38
"§ 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of 39
disability. 40
Except as provided in this section, only the judge of superior court or of district court from 41
whose order or judgment an appeal has been taken is empowered to settle the record on appeal 42
when judicial settlement is required. A judge retains power to settle a record on appeal 43
notwithstanding he has resigned or retired or his term of office has expired without reappointment 44
or reelection since entry of the judgment or order. Proceedings for judicial settlement when the 45
judge empowered by this section to settle the record on appeal is unavailable for the purpose by 46
reason of death, mental or physical incapacity, retirement, or absence from the State shall be as 47
provided by the rules of appellate procedure." 48
SECTION 12.(b) This section is effective when it becomes law and applies to 49
actions taken on or after that date. 50
51 General Assembly Of North Carolina Session 2025
Page 12 DRH30260-ND-91
MODIFY PROVISIONS REGARDING THE SUSPENSION, REMOVAL, OR 1
REINSTATEMENT OF CLERKS 2
SECTION 13.(a) G.S. 7A-105 reads as rewritten: 3
"§ 7A-105. Suspension, removal, and reinstatement of clerk. 4
(a) A clerk of superior court may be suspended or removed from office for willful 5
misconduct or mental or physical incapacity, and reinstated, under the same procedures as are 6
applicable to a superior court district attorney, except that the procedure shall be initiated by the 7
filing of a sworn affidavit with the chief district judge of the district in which the clerk resides, 8
and the hearing shall be conducted by the senior regular resident superior court judge serving the 9
county of the clerk's residence. If suspension is ordered, the judge shall appoint some qualified 10
person to act as clerk during the period of the suspension.incapacity by the senior regular resident 11
superior court judge serving the county where the clerk resides. 12
(b) A proceeding to suspend or remove a clerk of superior court is commenced by filing 13
with the chief district court judge of the district in which the clerk resides a sworn affidavit 14
charging the clerk of superior court with one or more grounds for removal. The clerk shall collect 15
superior court costs set forth in G.S. 7A-305. No summons shall be issued. 16
(c) The chief district court judge shall immediately provide notice of the filing to the 17
senior regular resident superior court judge for the district or set of districts as defined in 18
G.S. 7A-41.1(a) in which the county is located. Within 10 days of payment of the costs required 19
under subsection (b) of this section, the senior regular resident superior court judge shall review 20
the sworn affidavit and determine, without a hearing, whether the charges, if true, constitute 21
grounds for removal and whether there is probable cause for believing that the charges are true. 22
If the judge finds either that the charges, if true, do not constitute grounds for removal or finds 23
that no probable cause exists for believing that the charges are true, the judge shall dismiss the 24
proceeding. Otherwise, the judge shall make written findings detailing which charges would 25
constitute grounds for removal and the probable cause for believing that those charges are true. 26
The judge also may enter an order suspending the clerk of superior court from performing the 27
duties of the office until a final determination of the charges on the merits. The salary of the clerk 28
of superior court continues during any such suspension. The sworn affidavit, written findings, 29
and order of suspension, if any, shall be served on the clerk of superior court in the manner 30
provided for service of a complaint under Rule 4(j) of the Rules of Civil Procedure within 10 31
days of the entry of written findings. 32
(d) If the proceeding is not dismissed, the senior regular resident superior court judge 33
shall set a hearing upon the charges found to be supported by probable cause under subsection 34
(c) of this section for not less than 10 days nor more than 30 days after service of the affidavit 35
and written findings on the clerk, unless continued for good cause shown. In the hearing, the 36
court shall hear evidence and make findings of fact and conclusions of law resolving the charges. 37
The hearing shall be recorded and open to the public. If the court concludes that grounds for 38
removal exist, the superior court judge shall enter an order permanently removing the clerk of 39
superior court from office and terminating the clerk's salary. If the court finds that no grounds 40
exist, any pending suspension of the clerk shall end immediately. 41
(e) The clerk of superior court may appeal from an order of removal to the Court of 42
Appeals on the basis of error of law by the presiding judge. Pending decision of the case on 43
appeal, the clerk of superior court shall not perform any of the duties of the office. If, upon final 44
determination, the clerk of superior court is ordered reinstated either by the appellate division or 45
by the superior court upon remand, the clerk's salary shall be restored from the date of the original 46
order of removal. 47
(f) If the clerk of superior court is prohibited from performing the duties of the office 48
under this section prior to resolution due either to an order of suspension or an appeal of an order 49
of removal, the judge shall appoint some qualified person to act as a clerk until final resolution. 50 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 13
(g) The sworn affidavit and other filings related to the proceedings are confidential unless 1
the senior regular resident superior court judge makes written findings detailing that some or all 2
of the charges would constitute grounds for removal and that there is probable cause for believing 3
that some or all of the charges are true. 4
(h) If criminal charges are filed against the clerk that relate to factual allegations in a 5
pending sworn affidavit for removal and a judge has found grounds for removal and probable 6
cause to support those allegations pursuant to subsection (c) of this section, the presiding judge 7
may stay the removal proceeding until the criminal case is resolved. A stay may be granted at 8
any time in the proceeding following the probable cause determination." 9
SECTION 13.(b) This section is effective when it becomes law and applies to 10
proceedings based upon clerk conduct occurring on or after that date. 11
12
MODIFY PROVISIONS REGARDING NORTH CAROLINA BUSINESS COURTS AND 13
BUSINESS COURT JUDGES 14
SECTION 14.(a) G.S. 7A-45.3 reads as rewritten: 15
"§ 7A-45.3. Superior court judges designated for complex business cases. 16
The Chief Justice may exercise the authority under rules of practice prescribed pursuant to 17
G.S. 7A-34 to designate one or more up to six of the special superior court judges authorized by 18
G.S. 7A-45.1 to hear and decide complex business cases as prescribed by the rules of practice. 19
practice if the Chief Justice determines that the judge to be designated has the requisite expertise 20
and experience to serve as a Business Court Judge. Any judge so designated shall be known as a 21
Business Court Judge and shall preside in the Business Court. If there is more than one business 22
court judge, including any judge serving as a senior business court judge pursuant to 23
G.S. 7A-52(a1) or upon recall pursuant to G.S. 7A-57, Business Court Judge, the Chief Justice 24
may designate one of them as the Chief Business Court Judge. If there is no designation by the 25
Chief Justice, the judge Business Court Judge with the longest term of service on the court shall 26
serve as Chief Business Court Judge until the Chief Justice makes an appointment to the position. 27
The presiding Business Court Judge shall issue a written opinion in connection with any order 28
granting or denying a motion under G.S. 1A-1, Rule 12, 56, 59, or 60, or any order finally 29
disposing of a complex business case, other than an order effecting a settlement agreement or 30
jury verdict." 31
SECTION 14.(b) G.S. 7A-45.4 reads as rewritten: 32
"§ 7A-45.4. Designation of complex business cases. 33
(a) Any party may designate as a mandatory complex business case an action that 34
involves a material issue related to any of the following: 35
… 36
(5) Disputes involving the ownership, use, licensing, lease, installation, rights to 37
or performance of intellectual property, including computer software, 38
software applications, information technology and systems, data and data 39
security, pharmaceuticals, biotechnology products, and bioscience 40
technologies. 41
… 42
(b) The following actions shall be designated as mandatory complex business cases: 43
… 44
(5) An appeal of a decision of the North Carolina Oil and Gas Commission 45
concerning trade secret or confidential information as provided in 46
G.S. 113-391.1. 47
(6) The Chief Justice may also designate any case or group of cases as "complex 48
business" consistent with Rules 2.1 and 2.2 of the General Rules of Practice 49
for the Superior and District Courts. 50
… 51 General Assembly Of North Carolina Session 2025
Page 14 DRH30260-ND-91
(d) The Notice of Designation shall be filed: 1
… 2
(3) By (i) any defendant or any other party within 30 days of receipt of service of 3
the pleading seeking relief from the defendant or party.party or (ii) any 4
defendant contemporaneously with the filing of a counterclaim, cross-claim, 5
or third-party claim giving rise to designation under subsection (a) or (b) of 6
this section. 7
…." 8
SECTION 14.(c) G.S. 113-391.1(e) reads as rewritten: 9
"(e) Appeal From Commission Decisions Concerning Confidentiality. – Within 10 days 10
of any decision made pursuant to subsection (b) of this section, the Commission shall provide 11
notice to any person who submits information asserted to be confidential (i) that the information 12
is not entitled to confidential treatment and (ii) of any decision to release such information to any 13
person who has requested the information. Notwithstanding the provisions of G.S. 132-9, or 14
procedures for appeal provided under Article 4 of Chapter 150B of the General Statutes, any 15
person who requests information and any person who submits information who is dissatisfied 16
with a decision of the Commission to withhold or release information made pursuant to 17
subsection (b) of this section shall have 30 days after receipt of notification from the Commission 18
to appeal by filing an action in superior court and in accordance with the procedures for a 19
mandatory complex business case set forth in G.S. 7A-45.4. Notwithstanding any other provision 20
of As provided in G.S. 7A-45.4, the appeal shall be heard de novo by a judge designated as a 21
Business Court Judge under G.S. 7A-45.3. The information may not be released by the 22
Commission until the earlier of (i) the 30-day period for filing of an appeal has expired without 23
filing of an appeal or (ii) a final judicial determination has been made in an action brought to 24
appeal a decision of the Commission. In addition, the following shall apply to actions brought 25
pursuant to this section: 26
…." 27
SECTION 14.(d) This section becomes effective December 1, 2025, and applies to 28
judges designated and proceedings held on or after that date. 29
30
GRANT THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS 31
THE AUTHORITY TO CREATE AN OFFICIAL FLAG, SEAL, AND OTHER 32
EMBLEMS OF THE JUDICIAL BRANCH 33
SECTION 15. G.S. 7A-343 reads as rewritten: 34
"§ 7A-343. Duties of Director. 35
The Director is the Administrative Officer of the Courts, and the Director's duties include all 36
of the following: 37
… 38
(6c) Adopt an official flag, seal, and other emblems appropriate in connection with 39
the management and operation of the judicial branch, copyright the same in 40
the name of the State, and lease, license, or otherwise permit the use of 41
reproductions or replicas of such flag, seal, and other emblems upon such 42
terms and conditions as the Director deems advisable. 43
…." 44
45
CLARIFY THE AUTHORITY OF THE DIRECTOR OF THE ADMINISTRATIVE 46
OFFICE OF THE COURTS TO SET THE NUMBER OF MAGISTRATES WITHIN A 47
COUNTY ABOVE THE MINIMUM REQUIRED FOR THAT COUNTY 48
SECTION 16. G.S. 7A-171(a) reads as rewritten: 49
"(a) The General Assembly shall establish a minimum quota of magistrates appointed in 50
each county. In no county shall the minimum quota be less than one. The number of magistrates 51 General Assembly Of North Carolina Session 2025
DRH30260-ND-91 Page 15
appointed in a county, above the minimum quota set by the General Assembly, is determined by 1
the Administrative Office of the Courts after consultation with the chief district court judge for 2
the district in which the county is located." 3
4
MODIFY CERTAIN REQUIREMENTS FOR THE DISBURSEMENT OF EXPENSES 5
TO PERSONNEL OF THE JUDICIAL DEPARTMENT 6
SECTION 17. G.S. 7A-301 reads as rewritten: 7
"§ 7A-301. Disbursement of expenses. 8
The salaries and expenses of all personnel in the Judicial Department and other operating 9
expenses shall be paid out of the State treasury upon warrants duly drawn thereon, except that 10
the Administrative Office of the Courts and the Department of Administration, with the approval 11
of the State Auditor, Administration may establish alternative procedures for the prompt payment 12
of juror fees, witness fees, and other small expense items.items, including the provision of debit 13
cards to payees." 14
15
SEVERABILITY CLAUSE AND EFFECTIVE DATE 16
SECTION 18.(a) If any section or provision of this act is declared unconstitutional 17
or invalid by the courts, it does not affect the validity of this act as a whole or any portion other 18
than the portion declared to be unconstitutional or invalid. 19
SECTION 18.(b) Except as otherwise provided, this act is effective when it becomes 20
law. 21