GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 620 Committee Substitute Favorable 4/15/25 Short Title: AOC Agency Requests.-AB (Public) Sponsors: Referred to: April 1, 2025 *H620 -v-2* 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 General Assembly Of North Carolina Session 2025 Page 2 House Bill 620-Second Edition 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 CHANG E 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 House Bill 620-Second Edition 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 House Bill 620-Second Edition The bond must be secured with two or more sufficient sureties, jointly and severally bound, and 1 must be acknowledged before the clerk or a notary public and approved by the clerk. The bond 2 must be conditioned on the guardian's faithfully executing the trust reposed in him as such and 3 obeying all lawful orders of the clerk or judge relating to the guardianship of the estate committed 4 to him. The bond must be recorded in the office of the clerk appointing the guardian, except, if 5 the guardianship is transferred to a different county, it must be recorded in the office of the clerk 6 in 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 T O 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, persons on the commission 43 and shall describe by metes and bounds the real estate in which the surviving spouse shall have 44 been allotted and set aside a life estate. It shall be filed as a record of court and a certified copy 45 thereof shall be filed and recorded in the office of the register of deeds of each county in which 46 any part of the real property 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 House Bill 620-Second Edition 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-5-2(b) reads as rewritten: 33 "(b) Implied Renunciation. – 34 (1) If any person entitled to apply for letters of administration fails to apply 35 therefor within 30 days from the date of death of the intestate, (i) the clerk of 36 superior court may issue a notice to the person to qualify or move for an 37 extension of time to qualify within 15 20 days, or (ii) any interested person 38 may file a petition in accordance with Article 2 of this Chapter for an order 39 finding that person to be deemed to have renounced. If the person does not 40 file a response to the notice or petition within 15 20 days from the date of 41 service of the notice or petition, the clerk of superior court shall enter an order 42 adjudging that the person has renounced. If the person files a response within 43 15 20 days from the date of service of the notice or petition requesting an 44 extension of time within which to qualify or renounce, upon hearing, the clerk 45 of superior court may grant to that person a reasonable extension of time 46 within which to qualify or renounce for cause shown. If the person qualifies 47 within 15 20 days of the date of service of the notice or petition, the clerk of 48 superior court shall dismiss the notice or petition, without prejudice, 49 summarily and without hearing and the clerk of superior court shall issue 50 letters to some other person as provided in G.S. 28A-4-1. No notice shall be 51 General Assembly Of North Carolina Session 2025 Page 6 House Bill 620-Second Edition required to be given to any interested person, but the clerk may give notice as 1 the clerk in the clerk's discretion may determine. 2 (2) If no person entitled to administer applies for letters of administration within 3 90 days after the date of death of an intestate, then the clerk of superior court 4 may, in the clerk's discretion, enter an order declaring all prior rights to apply 5 for letters of administration to be renounced, and issue letters to some suitable 6 person as provided in G.S. 28A-4-1." 7 SECTION 6.(f) G.S. 28A-21-3 reads as rewritten: 8 "§ 28A-21-3. What accounts must contain. 9 Accounts filed with the clerk of superior court pursuant to G.S. 28A-21-1, G.S. 28A-21-1 10 and G.S. 28A-2-2, signed and under oath, shall contain:contain all of the following: 11 (1) The period which the account covers and whether it is an annual accounting 12 or a final accounting;accounting. 13 (2) The amount and value of the property of the estate according to the inventory 14 and appraisal or according to the next previous accounting, the amount of 15 income and additional property received during the period being accounted 16 for, and all gains from the sale of any property or otherwise;otherwise. 17 (3) All payments, charges, losses, and distributions;distributions. 18 (4) The property on hand constituting the balance of the account, if any; andany. 19 (5) Such other facts and information determined by the clerk to be necessary to 20 an understanding of the account." 21 SECTION 6.(g) G.S. 28A-28-2(a) reads as rewritten: 22 "(a) The petition shall be signed by the surviving spouse and verified to be accurate and 23 complete to the best of the spouse's knowledge and belief and shall state as follows:all of the 24 following: 25 (1) The name and address of the spouse and the fact that the spouse is the 26 surviving spouse of the decedent;decedent. 27 (2) The name and domicile of the decedent at the time of death;death. 28 (3) The date and place of death of the decedent;decedent. 29 (4) The date and place of marriage of the spouse and the decedent;decedent. 30 (5) A description sufficient to identify each tract of real property owned in whole 31 or in part by the decedent at the time of death;death. 32 (6) A description of the nature of the decedent's personal property and the location 33 of such property, as far as these facts are known or can with reasonable 34 diligence be ascertained;ascertained. 35 (7) The probable value of the decedent's personal property, so far as the value is 36 known or can with reasonable diligence be ascertained;ascertained. 37 (8) That no application or petition for appointment of a personal representative is 38 pending or has been granted in this State;State. 39 (9) That the spouse is the sole devisee or sole heir, or both, of the decedent, and 40 that there is no other devisee or heir; that the decedent's will, if any, does not 41 prohibit summary administration; and that any property passing to the spouse 42 under the will is not in trust;trust. 43 (10) The name and address of any executor or coexecutor named by the will and 44 that, if the decedent died testate, a copy of the petition has been personally 45 delivered or sent by first-class mail by the spouse to the last-known address 46 of any executor or coexecutor named by the will, if different from the 47 spouse;spouse. 48 (11) That, to the extent of the value of the property received by the spouse under 49 the will of the decedent or by intestate succession, the spouse assumes all 50 liabilities of the decedent that were not discharged by reason of death and 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 7 assumes liability for all taxes and valid claims against the decedent or the 1 estate, as provided in G.S. 28A-28-6; andG.S. 28A-28-6. 2 (12) If the decedent died testate, that the decedent's will has been admitted to 3 probate in the court of the proper county; that a duly certified copy of the will 4 has been will be recorded in each county in which is located any real property 5 owned by the decedent at the time of death; and that a certified copy of the 6 decedent's will is attached to the petition." 7 SECTION 6.(h) G.S. 20-77(b) reads as rewritten: 8 "(b) In the event of transfer as upon inheritance or devise, the Division shall, upon a receipt 9 of a certified copy of a probated will, letters of administration and/or a certificate from the clerk 10 of the superior court showing that the motor vehicle registered in the name of the decedent owner 11 has been assigned to the owner's surviving spouse as part of the spousal year's allowance, transfer 12 both title and license as otherwise provided for transfers. If a decedent dies intestate and no 13 administrator has qualified or the clerk of superior court has not issued a certificate of assignment 14 as part of the spousal year's allowance, or if a decedent dies testate with a small estate and leaving 15 a purported will, which, in the opinion of the clerk of superior court, does not justify the expense 16 of probate and administration and probate and administration is not demanded by any interested 17 party entitled by law to demand same, and provided that the purported will is filed in the public 18 records of the office of the clerk of the superior court, the Division may upon affidavit executed 19 by all heirs effect such transfer. The affidavit shall state the name of the decedent, date of death, 20 that the decedent died intestate or testate leaving a purported will and no administration is 21 pending or expected, that all debts have been paid or that the proceeds from the transfer will be 22 used for that purpose, the names, ages and relationship of all heirs and devisees (if there be a 23 purported will), and the name and address of the transferee of the title. A surviving spouse parent 24 of a minor or incompetent may execute the affidavit and transfer the interest of the decedent's 25 minor or incompetent children where such minor or incompetent does not have a guardian. A 26 transfer under this subsection shall not affect the validity nor be in prejudice of any creditor's 27 lien." 28 SECTION 6.(i) G.S. 31-11 reads as rewritten: 29 "§ 31-11. Depositories in offices of clerks of superior court where living persons may file 30 wills. 31 (a) The clerk of the superior court in each county of North Carolina shall be is required 32 to keep a receptacle or depository in which any person testator who desires to do so may file 33 deposit that person's testator's original paper will for safekeeping; and the safekeeping. The clerk 34 is only authorized to receive the will from the testator, or an agent or an attorney for the testator. 35 Once a testator has died, the clerk is not authorized to receive the will for the clerk's receptacle 36 or depository from any agent or attorney for the testator. 37 (b) The clerk shall, upon written request of the testator, or the duly authorized agent or 38 attorney for the testator, permit said will or testament to be withdrawn from said depository or 39 receptacle at any time prior to the death of the testator: Provided, that testator. 40 (c) While in the clerk's receptacle or depository, the contents of said will shall not be 41 made public or open to the inspection of anyone other than the testator or the testator's duly 42 authorized agent or attorney until such time as the said will shall be offered for probate.the 43 testator has died. Once the clerk has received proof of the testator's death, the clerk is authorized 44 to allow the will to be made open to the inspection of any person interested in the testator's estate. 45 The will shall remain in the clerk's receptacle or depository until the will is offered for probate. 46 (d) The clerk is required to retain the original paper will until withdrawn, filed in the 47 deceased testator's estate file, or once 60 years have passed since the will was originally deposited 48 with the clerk. If after 60 years the will has not been withdrawn or filed in the deceased testator's 49 estate file, the clerk is authorized to comply with records retention rules for deposited wills set 50 by the Director of the Administrative Office of the Courts." 51 General Assembly Of North Carolina Session 2025 Page 8 House Bill 620-Second Edition SECTION 6.(j) This section becomes effective December 1, 2025. 1 2 CLARIFY THE JURISDICTION OF SUPERIOR COURT JUDGES ASSIGNED TO A 3 SPECIFIC CASE 4 SECTION 7. Article 7 of Chapter 7A of the General Statutes is amended by adding 5 a new section to read: 6 "§ 7A-47.4. Jurisdiction over assigned cases. 7 When the Chief Justice assigns a resident judge, special judge, or emergency judge to preside 8 over a specific case, the assigned judge has the same power and authority over the assigned case 9 as that of a regular judge over matters arising in the regular judge's district or set of districts as 10 defined in G.S. 7A-41.1(a)." 11 12 TECHNICAL CORRECTION TO REMOVE STATUTORY CROSS REFERENCE 13 SECTION 8. G.S. 28C-10 reads as rewritten: 14 "§ 28C-10. Claims against absentee. 15 Immediately upon the appointment of a permanent receiver under this Chapter, the permanent 16 receiver shall publish a notice addressed to all persons having claims against the absentee 17 informing them of the action taken and requiring them to file their claims under oath with the 18 permanent receiver. If any claimant fails to file his sworn claim within six months from the date 19 of the first publication of such notice, the receiver may plead this fact in bar of his claim. Such 20 notice shall be published in the same manner as that now prescribed by statute (G.S. 28-47) for 21 claims against the estate of a decedent. Any party in interest may contest the validity of any claim 22 before the judge, on due notice given to the permanent receiver and the person whose claim is 23 contested." 24 25 MODIFY PROVISIONS RELATED TO DOMESTIC VIOLENCE PROTECTIVE 26 ORDERS 27 SECTION 9.(a) G.S. 50B-2 reads as rewritten: 28 "§ 50B-2. Institution of civil action; motion for emergency relief; temporary orders; 29 temporary custody. 30 (a) Any person residing in this State may seek relief under this Chapter by filing a civil 31 action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes 32 alleging acts of domestic violence against himself or herself or a minor child who resides with or 33 is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may 34 file a civil action and proceed pro se, without the assistance of legal counsel. The district court 35 division of the General Court of Justice shall have original jurisdiction over actions instituted 36 under this Chapter. Any action for a domestic violence protective order requires that a summons 37 be issued and served. The summons issued pursuant to this Chapter shall require the defendant 38 to answer within 10 days of the date of service. Attachments to the summons shall include the 39 complaint, notice of hearing, any temporary or ex parte order that has been issued, and other 40 papers through the appropriate law enforcement agency where the defendant is to be served. filed. 41 In compliance with the federal Violence Against Women Act, no court costs or attorneys' fees 42 shall be assessed for the filing, issuance, registration, or service of a protective order or petition 43 for a protective order or witness subpoena, except as provided in G.S. 1A-1, Rule 11. 44 (b) Emergency Relief. – A party may move the court for emergency relief if he or she 45 believes there is a danger of serious and immediate injury to himself or herself or a minor child. 46 A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held 47 after five days' notice of the hearing to the other party or after five days from the date of service 48 of process on the other party, whichever occurs first, provided, however, that no hearing shall be 49 required if the service of process is not completed on the other party. If the party is proceeding 50 pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 9 notice of hearing within the time periods provided in this subsection, and shall effect service of 1 the summons, complaint, notice, and other papers through the appropriate law enforcement 2 agency where the defendant is to be served.served, if that agency is in North Carolina. 3 (c) Ex Parte Orders. – 4 … 5 (7) Upon the issuance of an ex parte order under this subsection, if the party is 6 proceeding pro se, the Clerk shall set a date for hearing and issue a notice of 7 hearing within the time periods provided in this subsection, and shall effect 8 service of the summons, complaint, notice, order and other papers through the 9 appropriate law enforcement agency where the defendant is to be 10 served.served, if that agency is in North Carolina. 11 …." 12 SECTION 9.(b) G.S. 50B-4(a) reads as rewritten: 13 "(a) A party may file a motion for contempt for violation of any order entered pursuant to 14 this Chapter. This party may file and proceed with that motion pro se, using forms provided by 15 the clerk of superior court or a magistrate authorized under G.S. 50B-2(c1). Upon the filing pro 16 se of a motion for contempt under this subsection, the clerk, or the authorized magistrate, if the 17 facts show clearly that there is danger of acts of domestic violence against the aggrieved party or 18 a minor child and the motion is made at a time when the clerk is not available, shall schedule and 19 issue notice of a show cause hearing with the district court division of the General Court of Justice 20 at the earliest possible date pursuant to G.S. 5A-23. The Clerk, or the magistrate in the case of 21 notice issued by the magistrate pursuant to this subsection, shall effect service of the motion, 22 notice, and other papers through the appropriate law enforcement agency where the defendant is 23 to be served.served, if that agency is in North Carolina." 24 SECTION 9.(c) This section is effective when it becomes law and applies to service 25 of process occurring on or after that date. 26 27 MODIFY PROVISIONS RELATED TO JUVENILE CUSTODY 28 SECTION 10.(a) G.S. 7B-1903 reads as rewritten: 29 "§ 7B-1903. Criteria for secure or nonsecure custody. 30 (a) When a request is made for nonsecure custody, the court shall first consider release 31 of the juvenile to the juvenile's parent, guardian, custodian, or other responsible adult. An order 32 for nonsecure custody shall be made only when there is a reasonable factual basis to believe the 33 matters alleged in the petition petition, indictment, or information are true, and that:that either of 34 the following circumstances exists: 35 (1) The juvenile is a runaway and consents to nonsecure custody; orcustody. 36 (2) The juvenile meets one or more of the criteria for secure custody, but the court 37 finds it in the best interests of the juvenile that the juvenile be placed in a 38 nonsecure placement. 39 (b) When a request is made for secure custody, the court may order secure custody only 40 where the court finds there is a reasonable factual basis to believe that the juvenile committed 41 the offense as alleged in the petition, indictment, or information, and that one of the following 42 circumstances exists: 43 … 44 (3) The juvenile has willfully failed to appear on a pending delinquency or 45 criminal charge or on charges of violation of probation or post-release 46 supervision, providing the juvenile was properly notified. 47 (4) A delinquency or criminal charge is pending against the juvenile, and there is 48 reasonable cause to believe the juvenile will not appear in court. 49 …." 50 SECTION 10.(b) G.S. 7B-1904 reads as rewritten: 51 General Assembly Of North Carolina Session 2025 Page 10 House Bill 620-Second Edition "§ 7B-1904. Order for secure or nonsecure custody. 1 (a) The custody order shall be in writing and shall direct a law enforcement officer or 2 juvenile court counselor to assume custody of the juvenile and to make due return on the order. 3 (b) An initial order for secure custody may be issued following the filing of the petition 4 and before the juvenile has been served with the petition pursuant to G.S. 7B-1806. The official 5 executing the order shall give a copy of the order to the juvenile and the juvenile's parent, 6 guardian, or custodian. If the juvenile has not been served with the petition upon being detained, 7 the juvenile shall be served with the petition no more than 72 hours after the juvenile has been 8 detained. If the order is for nonsecure custody, the official executing the order shall also give a 9 copy of the petition and order to the person or agency with whom the juvenile is being placed. If 10 the order is for secure custody, copies of the petition and custody order shall accompany the 11 juvenile to the detention facility or holdover facility of the jail. A message of the Department of 12 Public Safety stating that a juvenile petition and secure custody order relating to a specified 13 juvenile are on file in a particular county shall be authority to detain the juvenile in secure custody 14 until a copy of the juvenile petition and secure custody order can be forwarded to the juvenile 15 detention facility. The copies of the juvenile petition and secure custody order shall be 16 transmitted to the detention facility no later than 72 hours after the initial detention of the 17 juvenile. 18 (c) An initial order for secure custody may be issued when the superior court has ordered 19 the removal of a case to juvenile court pursuant to G.S. 15A-960. The official executing the order 20 shall give a copy of the order to the juvenile and the juvenile's parent, guardian, or custodian. If 21 the order is for nonsecure custody, the official executing the order shall also give a copy of the 22 order to remove the case from superior court and nonsecure custody order to the person or agency 23 with whom the juvenile is being placed. If the order is for secure custody, copies of the order to 24 remove the case from superior court and the custody order shall accompany the juvenile to the 25 detention facility or holdover facility of the jail. A message of the Department of Public Safety 26 stating that an order to remove the case from superior court and secure custody order relating to 27 a specified juvenile are on file in a particular county shall be authority to detain the juvenile in 28 secure custody until copies of both orders can be forwarded to the juvenile detention facility. The 29 copies of the order to remove the case from superior court and the secure custody order shall be 30 transmitted to the detention facility no later than 72 hours after the initial detention of the 31 juvenile." 32 SECTION 10.(c) G.S. 15A-960 is amended by adding a new subsection to read: 33 "(c) If the superior court removes the case to juvenile court for adjudication and the 34 juvenile has been granted pretrial release as provided in G.S. 15A-533 and G.S. 15A-534, the 35 obligor shall be released from the juvenile's bond upon the superior court's review of whether the 36 juvenile shall be placed in secure custody as provided in G.S. 7B-1903." 37 SECTION 10.(d) G.S. 15A-534(h) reads as rewritten: 38 "(h) A bail bond posted pursuant to this section is effective and binding upon the obligor 39 throughout all stages of the proceeding in the trial division of the General Court of Justice until 40 the entry of judgment in the district court from which no appeal is taken or the entry of judgment 41 in the superior court. The obligation of an obligor, however, is terminated at an earlier time 42 if:upon the occurrence of any of the following: 43 (1) A judge authorized to do so releases the obligor from his bond; orthe bond. 44 (2) The principal is surrendered by a surety in accordance with G.S. 15A-540; 45 orG.S. 15A-540. 46 (3) The proceeding is terminated by voluntary dismissal by the State before 47 forfeiture is ordered under G.S. 15A-544.3; orG.S. 15A-544.3. 48 (4) Prayer for judgment has been continued indefinitely in the district court; 49 orcourt. 50 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 11 (5) The court has placed the defendant on probation pursuant to a deferred 1 prosecution or conditional discharge. 2 (6) The court's review of a juvenile's secure or nonsecure custody status pursuant 3 to remand under G.S. 7B-2603 or the removal under G.S. 15A-960 for 4 disposition as a juvenile case." 5 SECTION 10.(e) This section becomes effective December 1, 2025, and applies to 6 proceedings occurring on or after that date. 7 8 DIRECT CLERK TO SEND INPATIENT COMMITMENT ORDER TO CERTAIN 9 PERSONS 10 SECTION 11.(a) G.S. 122C-271 reads as rewritten: 11 "§ 122C-271. Disposition. 12 (a) If a commitment examiner has recommended outpatient commitment and the 13 respondent has been released pending the district court hearing, the court may make one of the 14 following dispositions: 15 (1) If the court finds by clear, cogent, and convincing evidence that the respondent 16 has a mental illness; that the respondent is capable of surviving safely in the 17 community with available supervision from family, friends, or others; that 18 based on respondent's treatment history, the respondent is in need of treatment 19 in order to prevent further disability or deterioration that would predictably 20 result in dangerousness as defined in G.S. 122C-3(11); and that the 21 respondent's current mental status or the nature of the respondent's illness 22 limits or negates the respondent's ability to make an informed decision to seek 23 voluntarily or comply with recommended treatment, it may order outpatient 24 commitment for a period not in excess of 90 days. 25 (2) If the court does not find that the respondent meets the criteria of commitment 26 set out in subdivision (1) of this subsection, the respondent shall be discharged 27 and the proposed outpatient physician center shall be so notified. 28 (3) Before ordering any outpatient commitment under this subsection, the court 29 shall make findings of fact as to the availability of outpatient treatment from 30 an outpatient treatment physician or center that has agreed to accept the 31 respondent as a client of outpatient treatment services. The court shall show 32 on the order the outpatient treatment physician or center that is to be 33 responsible for the management and supervision of the respondent's outpatient 34 commitment. If the designated outpatient treatment physician or center will 35 be monitoring and supervising the respondent's outpatient commitment 36 pursuant to a contract for services with an LME/MCO, the court shall show 37 on the order the identity of the LME/MCO. The clerk of court shall send a 38 copy of the outpatient commitment order to the designated outpatient 39 treatment physician or center and to the respondent client or the legally 40 responsible person. The clerk of court shall also send a copy of the order to 41 that LME/MCO. Copies of outpatient commitment orders sent by the clerk of 42 court to an outpatient treatment center or physician under this section, 43 including orders sent to an LME/MCO, shall be sent by the most reliable and 44 expeditious means, but in no event less than 48 hours after the hearing.within 45 48 hours of the hearing. 46 (b) If the respondent has been held in a 24-hour facility pending the district court hearing 47 pursuant to G.S. 122C-268, the court may make one of the following dispositions: 48 (1) If the court finds by clear, cogent, and convincing evidence that the respondent 49 has a mental illness; that the respondent is capable of surviving safely in the 50 community with available supervision from family, friends, or others; that 51 General Assembly Of North Carolina Session 2025 Page 12 House Bill 620-Second Edition based on respondent's psychiatric history, the respondent is in need of 1 treatment in order to prevent further disability or deterioration that would 2 predictably result in dangerousness as defined by G.S. 122C-3(11); and that 3 the respondent's current mental status or the nature of the respondent's illness 4 limits or negates the respondent's ability to make an informed decision 5 voluntarily to seek or comply with recommended treatment, it may order 6 outpatient commitment for a period not in excess of 90 days. If the 7 commitment proceedings were initiated as the result of the respondent's being 8 charged with a violent crime, including a crime involving an assault with a 9 deadly weapon, and the respondent was found incapable of proceeding, the 10 commitment order shall so show. 11 (2) If the court finds by clear, cogent, and convincing evidence that the respondent 12 has a mental illness and is dangerous to self, as defined in G.S. 122C-3(11)a., 13 or others, as defined in G.S. 122C-3(11)b., it may order inpatient commitment 14 at a 24-hour facility described in G.S. 122C-252 for a period not in excess of 15 90 days. However, no respondent found to have both an intellectual disability 16 and a mental illness may be committed to a State, area, or private facility for 17 individuals with intellectual disabilities. An individual who has a mental 18 illness and is dangerous to self, as defined in G.S. 122C-3(11)a., or others, as 19 defined in G.S. 122C-3(11)b., may also be committed to a combination of 20 inpatient and outpatient commitment at both a 24-hour facility and an 21 outpatient treatment physician or center for a period not in excess of 90 days. 22 If the commitment proceedings were initiated as the result of the respondent's 23 being charged with a violent crime, including a crime involving an assault 24 with a deadly weapon, and the respondent was found incapable of proceeding, 25 the commitment order shall so show. If the court orders inpatient commitment 26 for a respondent who is under an outpatient commitment order, the outpatient 27 commitment is terminated; and the clerk of the superior court of the county 28 where the district court hearing is held shall send a notice of the inpatient 29 commitment to the clerk of superior court where the outpatient commitment 30 was being supervised. The clerk of court shall send a copy of the inpatient 31 commitment order to the designated inpatient treatment physician or center 32 and to the respondent client or the legally responsible person. The clerk of 33 court shall also send a copy of the order to that LME/MCO. Copies of inpatient 34 commitment orders sent by the clerk of court to an inpatient treatment center 35 or physician under this section, including orders sent to an LME/MCO, shall 36 be sent by the most reliable and expeditious means, within 48 hours of the 37 hearing. 38 (3) If the court does not find that the respondent meets either of the commitment 39 criteria set out in subdivisions (1) and (2) of this subsection, the respondent 40 shall be discharged, and the facility in which the respondent was last a client 41 shall be so notified. 42 (4) Before ordering any outpatient commitment, the court shall make findings of 43 fact as to the availability of outpatient treatment from an outpatient treatment 44 physician or center that has agreed to accept the respondent as a client of 45 outpatient treatment services. The court shall also show on the order the 46 outpatient treatment physician or center who is to be responsible for the 47 management and supervision of the respondent's outpatient commitment. 48 When an outpatient commitment order is issued for a respondent held in a 49 24-hour facility, the court may order the respondent held at the facility for no 50 more than 72 hours in order for the facility to notify the designated outpatient 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 13 treatment physician or center of the treatment needs of the respondent. The 1 clerk of court in the county where the facility is located shall send a copy of 2 the outpatient commitment order to the designated outpatient treatment 3 physician or center and to the respondent or the legally responsible person. If 4 the designated outpatient treatment physician or center shall be monitoring 5 and supervising the respondent's outpatient commitment pursuant to a contract 6 for services with an LME/MCO, the clerk of court shall show on the order the 7 identity of the LME/MCO. The clerk of court shall send a copy of the order 8 to the LME/MCO. Copies of outpatient commitment orders sent by the clerk 9 of court to an outpatient treatment center or physician pursuant to this 10 subdivision, including orders sent to an LME/MCO, shall be sent by the most 11 reliable and expeditious means, but in no event less than 48 hours after within 12 48 hours of the hearing. If the outpatient commitment will be supervised in a 13 county other than the county where the commitment originated, the court shall 14 order venue for further court proceedings to be transferred to the county where 15 the outpatient commitment will be supervised. Upon an order changing venue, 16 the clerk of superior court in the county where the commitment originated 17 shall transfer the file to the clerk of superior court in the county where the 18 outpatient commitment is to be supervised. 19 …." 20 SECTION 11.(b) G.S. 122C-287 reads as rewritten: 21 "§ 122C-287. Disposition. 22 The court may make one of the following dispositions: 23 (1) If the court finds by clear, cogent, and convincing evidence that the respondent 24 is a substance abuser and is dangerous to self or others, it shall order for a 25 period not in excess of 180 days commitment to and treatment by an area 26 facility or physician who is responsible for the management and supervision 27 of the respondent's commitment and treatment. The clerk of court shall send a 28 copy of the commitment order to the designated area facility or physician 29 responsible for the management and supervision of the respondent's 30 commitment and treatment by the most reliable and expeditious means. Before 31 ordering commitment to and treatment by an area facility or a physician who 32 is not a physician at an inpatient facility, the court shall follow the procedures 33 specified in G.S. 122C-271(a)(3) and G.S. 122C-271(b)(4), as applicable. 34 …." 35 SECTION 11.(c) This section is effective when it becomes law and applies to orders 36 issued on or after that date. 37 38 INCLUDE REFERENCE TO RETIREMENT IN PROVISIONS REGARDING 39 JUDICIAL SETTLEMENTS 40 SECTION 12.(a) G.S. 1-283 reads as rewritten: 41 "§ 1-283. Trial judge empowered to settle record on appeal; effect of leaving office or of 42 disability. 43 Except as provided in this section, only the judge of superior court or of district court from 44 whose order or judgment an appeal has been taken is empowered to settle the record on appeal 45 when judicial settlement is required. A judge retains power to settle a record on appeal 46 notwithstanding he has resigned or retired or his term of office has expired without reappointment 47 or reelection since entry of the judgment or order. Proceedings for judicial settlement when the 48 judge empowered by this section to settle the record on appeal is unavailable for the purpose by 49 reason of death, mental or physical incapacity, retirement, or absence from the State shall be as 50 provided by the rules of appellate procedure." 51 General Assembly Of North Carolina Session 2025 Page 14 House Bill 620-Second Edition SECTION 12.(b) This section is effective when it becomes law and applies to 1 actions taken on or after that date. 2 3 MODIFY PROVISIONS REGARDING THE SUSPENSION, REMOVAL, OR 4 REINSTATEMENT OF CLERKS 5 SECTION 13.(a) G.S. 7A-105 reads as rewritten: 6 "§ 7A-105. Suspension, removal, and reinstatement of clerk. 7 (a) A clerk of superior court may be suspended or removed from office for willful 8 misconduct or mental or physical incapacity and reinstated, under the same procedures as are 9 applicable to a superior court district attorney, except that the procedure shall be initiated by the 10 filing of a sworn affidavit with the chief district judge of the district in which the clerk resides, 11 and the hearing shall be conducted by the senior regular resident superior court judge serving the 12 county of the clerk's residence. If suspension is ordered, the judge shall appoint some qualified 13 person to act as clerk during the period of the suspension.incapacity. 14 (b) A proceeding to suspend or remove a clerk of superior court shall be commenced in 15 the superior court division and county in which the clerk resides by filing in paper with the chief 16 district court judge (i) a sworn affidavit charging one or more grounds for removal of the clerk 17 of superior court and (ii) a certificate of service showing service on the respondent clerk in 18 accordance with Rule 5(b1) of the Rules of Civil Procedure. Service of the sworn affidavit must 19 be made in a manner provided under Rule 5(b) of the Rules of Civil Procedure. The sworn 20 affidavits are subject to the requirements of Rule 11 of the Rules of Civil Procedure, including 21 imposition of sanctions as appropriate by the court. The clerk shall collect superior court costs 22 set forth in G.S. 7A-305, unless the proceeding is filed by an elected or appointed official of the 23 North Carolina Judicial Branch, in which case costs shall be waived. No summons shall be issued. 24 If the required court costs are not paid within 30 days of the proceeding being commenced, the 25 chief district court judge shall forward the matter to the senior resident superior court judge who 26 shall dismiss the proceeding without prejudice. 27 (c) Upon commencement of the proceeding and confirmation of the payment of the costs 28 required under subsection (b) of this section, the chief district court judge shall immediately 29 provide notice of the filing to the senior regular resident superior court judge for the district or 30 set of districts as defined in G.S. 7A-41.1(a) in which the respondent clerk's county of residence 31 is located. Within 10 days of receiving notice, the senior regular resident superior court judge 32 shall review the sworn affidavit and determine, without a hearing, whether the charges, if true, 33 constitute grounds for removal and whether there is probable cause for believing that the charges 34 are true. If the judge finds either that the charges, if true, do not constitute grounds for removal 35 or that no probable cause exists for believing that the charges are true, the judge shall dismiss the 36 proceeding. Otherwise, the judge shall enter a written order, findings of fact, and conclusions of 37 law detailing which charges would constitute grounds for removal and the probable cause for 38 believing that those charges are true. If the judge finds facts based on the sworn affidavit that 39 immediate and irreparable injury, loss, or damage will result to the public or the administration 40 of justice if the clerk remains in office until a final determination of the charges on the merits, 41 the judge also may enter an order suspending the clerk of superior court from performing the 42 duties of the office until a final determination of the charges on the merits. The salary of the clerk 43 of superior court continues during any such suspension. The court shall serve any order of 44 dismissal, order establishing probable cause, or order of suspension on the parties under Rule 5 45 of the Rules of Civil Procedure as soon as practicable after entry of the order. 46 (d) If the proceeding is not dismissed, the senior regular resident superior court judge 47 shall set a hearing upon the charges found to be supported by probable cause under subsection 48 (c) of this section for not less than 30 days nor more than 60 days after service of the order 49 establishing probable cause on the clerk, unless continued for good cause shown. In the hearing, 50 the court shall hear evidence and make findings of fact and conclusions of law resolving the 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 15 charges based on clear and convincing evidence. The hearing shall be recorded and open to the 1 public. If the court concludes that grounds for removal exist, the superior court judge shall enter 2 a written order, findings of fact, and conclusions of law permanently removing the clerk of 3 superior court from office and terminating the clerk's salary. If the court finds that no grounds 4 for removal exist, any pending suspension of the clerk shall end immediately and the court shall 5 enter an order of dismissal. 6 The North Carolina Rules of Evidence shall apply to proceedings commenced under this 7 section. The following North Carolina Rules of Civil Procedure shall apply to proceedings 8 commenced under this section to the extent the Rules do not conflict with this section: Rule 5, 9 Rule 11, Rule 45, Rule 46, Rule 52. The parties may issue process under Rule 45 to compel the 10 attendance of witnesses at the hearing and to compel the production of evidence both prior to and 11 at the hearing. Parties must exchange all evidence that they intend to offer at the hearing on the 12 merits at least five days prior to the hearing along with a list of all witnesses that they intend to 13 call. 14 (e) The clerk of superior court may appeal from an order of removal to the Court of 15 Appeals on the basis of error of law by the presiding judge. Pending decision of the case on 16 appeal, the clerk of superior court shall not perform any of the duties of the office. If, upon final 17 determination, the clerk of superior court is ordered reinstated either by the appellate division or 18 by the superior court upon remand, the clerk's salary shall be restored from the date of the original 19 order of removal. 20 (f) If the clerk is prohibited from performing the duties of the office under this section 21 prior to final resolution due either to an order of suspension or to an appeal of an order of removal, 22 the judge shall appoint some qualified person to act as clerk until final resolution. 23 (g) The sworn affidavit and other filings related to the proceeding are confidential unless 24 the senior regular resident superior court judge enters a written order establishing probable cause 25 as described in subsection (c) of this section. The parties to the proceeding may obtain copies of 26 the sworn affidavit and other filings related to the proceeding at any time. 27 (h) If criminal charges are filed against the clerk that relate to factual allegations in a 28 pending sworn affidavit for removal and a judge entered a probable cause order pursuant to 29 subsection (c) of this section, the presiding judge may stay the removal proceeding until the 30 criminal case is resolved. A stay may be granted at any time in the proceeding following the 31 probable cause determination." 32 SECTION 13.(b) This section is effective when it becomes law and applies to 33 proceedings based upon clerk conduct occurring on or after that date. 34 35 MODIFY PROVISIONS REGARDIN G NORTH CAROLINA BUSINESS COURTS AND 36 BUSINESS COURT JUDGES 37 SECTION 14.(a) G.S. 7A-45.3 reads as rewritten: 38 "§ 7A-45.3. Superior court judges designated for complex business cases. 39 The Chief Justice may exercise the authority under rules of practice prescribed pursuant to 40 G.S. 7A-34 to designate one or more up to six of the special superior court judges authorized by 41 G.S. 7A-45.1 to hear and decide complex business cases as prescribed by the rules of practice. 42 practice if the Chief Justice determines that the judge to be designated has the requisite expertise 43 and experience to serve as a Business Court Judge. Any judge so designated shall be known as a 44 Business Court Judge and shall preside in the Business Court. If there is more than one business 45 court judge, including any judge serving as a senior business court judge pursuant to 46 G.S. 7A-52(a1) or upon recall pursuant to G.S. 7A-57, Business Court Judge, the Chief Justice 47 may designate one of them as the Chief Business Court Judge. If there is no designation by the 48 Chief Justice, the judge Business Court Judge with the longest term of service on the court shall 49 serve as Chief Business Court Judge until the Chief Justice makes an appointment to the position. 50 The presiding Business Court Judge shall issue a written opinion in connection with any order 51 General Assembly Of North Carolina Session 2025 Page 16 House Bill 620-Second Edition granting or denying a motion under G.S. 1A-1, Rule 12, 56, 59, or 60, or any order finally 1 disposing of a complex business case, other than an order effecting a settlement agreement or 2 jury verdict." 3 SECTION 14.(b) G.S. 7A-45.4 reads as rewritten: 4 "§ 7A-45.4. Designation of complex business cases. 5 (a) Any party may designate as a mandatory complex business case an action that 6 involves a material issue related to any of the following: 7 … 8 (5) Disputes involving the ownership, use, licensing, lease, installation, rights to 9 or performance of intellectual property, including computer software, 10 software applications, information technology and systems, data and data 11 security, pharmaceuticals, biotechnology products, and bioscience 12 technologies. 13 … 14 (b) The following actions shall be designated as mandatory complex business cases: 15 … 16 (5) An appeal of a decision of the North Carolina Oil and Gas Commission 17 concerning trade secret or confidential information as provided in 18 G.S. 113-391.1. 19 (6) The Chief Justice may also designate any case or group of cases as "complex 20 business" consistent with Rules 2.1 and 2.2 of the General Rules of Practice 21 for the Superior and District Courts. 22 … 23 (d) The Notice of Designation shall be filed: 24 … 25 (3) By (i) any defendant or any other party within 30 days of receipt of service of 26 the pleading seeking relief from the defendant or party.party or (ii) any 27 defendant contemporaneously with the filing of a counterclaim, cross-claim, 28 or third-party claim giving rise to designation under subsection (a) or (b) of 29 this section. 30 …." 31 SECTION 14.(c) G.S. 113-391.1(e) reads as rewritten: 32 "(e) Appeal From Commission Decisions Concerning Confidentiality. – Within 10 days 33 of any decision made pursuant to subsection (b) of this section, the Commission shall provide 34 notice to any person who submits information asserted to be confidential (i) that the information 35 is not entitled to confidential treatment and (ii) of any decision to release such information to any 36 person who has requested the information. Notwithstanding the provisions of G.S. 132-9, or 37 procedures for appeal provided under Article 4 of Chapter 150B of the General Statutes, any 38 person who requests information and any person who submits information who is dissatisfied 39 with a decision of the Commission to withhold or release information made pursuant to 40 subsection (b) of this section shall have 30 days after receipt of notification from the Commission 41 to appeal by filing an action in superior court and in accordance with the procedures for a 42 mandatory complex business case set forth in G.S. 7A-45.4. Notwithstanding any other provision 43 of As provided in G.S. 7A-45.4, the appeal shall be heard de novo by a judge designated as a 44 Business Court Judge under G.S. 7A-45.3. The information may not be released by the 45 Commission until the earlier of (i) the 30-day period for filing of an appeal has expired without 46 filing of an appeal or (ii) a final judicial determination has been made in an action brought to 47 appeal a decision of the Commission. In addition, the following shall apply to actions brought 48 pursuant to this section: 49 …." 50 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 17 SECTION 14.(d) This section becomes effective December 1, 2025, and applies to 1 judges designated and proceedings held on or after that date. 2 3 GRANT THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS 4 THE AUTHORITY TO CREATE AN OFFICIAL FLAG, SEAL, AND OTHER 5 EMBLEMS OF THE JUDICIAL BRANCH 6 SECTION 15. G.S. 7A-343 reads as rewritten: 7 "§ 7A-343. Duties of Director. 8 The Director is the Administrative Officer of the Courts, and the Director's duties include all 9 of the following: 10 … 11 (6c) Adopt an official flag, seal, and other emblems appropriate in connection with 12 the management and operation of the judicial branch, copyright the same in 13 the name of the State, and lease, license, or otherwise permit the use of 14 reproductions or replicas of such flag, seal, and other emblems upon such 15 terms and conditions as the Director deems advisable. 16 …." 17 18 CLARIFY THE AUTHORITY OF THE DIRECTOR OF THE ADMINISTRATIVE 19 OFFICE OF THE COURTS TO SET THE NUMBER OF MAGISTRATES WITHIN A 20 COUNTY ABOVE THE MINIMUM REQUIRED FOR THAT COUNTY 21 SECTION 16. G.S. 7A-171(a) reads as rewritten: 22 "(a) The General Assembly shall establish a minimum quota of magistrates appointed in 23 each county. In no county shall the minimum quota be less than one. The number of magistrates 24 appointed in a county, above the minimum quota set by the General Assembly, is determined by 25 the Administrative Office of the Courts after consultation with the chief district court judge for 26 the district in which the county is located." 27 28 MODIFY CERTAIN REQUIREMENTS FOR THE DISBURSEMENT OF EXPENSES 29 TO PERSONNEL OF THE JUDICIAL DEPARTMENT 30 SECTION 17. G.S. 7A-301 reads as rewritten: 31 "§ 7A-301. Disbursement of expenses. 32 The salaries and expenses of all personnel in the Judicial Department and other operating 33 expenses shall be paid out of the State treasury upon warrants duly drawn thereon, except that 34 the Administrative Office of the Courts and the Department of Administration, with the approval 35 of the State Auditor, Administration may establish alternative procedures for the prompt payment 36 of juror fees, witness fees, and other small expense items.items, including the provision of debit 37 cards to payees." 38 39 MODIFY MEDIATION STATUTES 40 SECTION 18.(a) G.S. 7A-38.1(l) reads as rewritten: 41 "(l) Inadmissibility of negotiations. – Evidence of statements made and conduct occurring 42 in a mediated settlement conference or other settlement proceeding conducted under this section, 43 whether attributable to a party, the mediator, other neutral, or a neutral observer present at the 44 settlement proceeding, shall not be subject to discovery and shall be inadmissible in any 45 proceeding in the action or other civil actions on the same claim, except: 46 (1) In proceedings for sanctions under this section; 47 (2) In proceedings to enforce or rescind a settlement of the action; 48 (3) In disciplinary hearings before the State Bar or the Dispute Resolution 49 Commission; or 50 General Assembly Of North Carolina Session 2025 Page 18 House Bill 620-Second Edition (4) In proceedings to enforce laws concerning juvenile or elder abuse.for abuse, 1 neglect, or dependency of a juvenile under Chapter 7B of the General Statutes, 2 or in proceedings for abuse, neglect, or exploitation of an adult under Article 3 6 or 6A of Chapter 108A of the General Statutes. 4 As used in this section, the term "neutral observer" includes persons seeking mediator 5 certification, persons studying dispute resolution processes, and persons acting as interpreters. 6 No settlement agreement to resolve any or all issues reached at the proceeding conducted 7 under this subsection or during its recesses shall be enforceable unless it has been reduced to 8 writing and signed by the parties against whom enforcement is sought or signed by their 9 designees. No evidence otherwise discoverable shall be inadmissible merely because it is 10 presented or discussed in a mediated settlement conference or other settlement proceeding. 11 No mediator, other neutral, or neutral observer present at a settlement proceeding shall be 12 compelled to testify or produce evidence concerning statements made and conduct occurring in 13 anticipation of, during, or as a follow-up to a mediated settlement conference or other settlement 14 proceeding pursuant to this section in any civil proceeding for any purpose, including 15 proceedings to enforce or rescind a settlement of the action, except to attest to the signing of any 16 agreements, and except proceedings for sanctions under this section, disciplinary hearings before 17 the State Bar or the Dispute Resolution Commission, and proceedings to enforce laws concerning 18 juvenile or elder abuse.for abuse, neglect, or dependency of a juvenile under Chapter 7B of the 19 General Statutes, or proceedings for abuse, neglect, or exploitation of an adult under Article 6 or 20 6A of Chapter 108A of the General Statutes. 21 Nothing in this subsection shall be construed as permitting an individual to obtain immunity 22 from prosecution for criminal conduct or as excusing an individual from reporting requirements 23 of the General Statutes, including Article 3 of Chapter 7B of the General Statutes, Article 39 of 24 Chapter 14 of the General Statutes, G.S. 108A-102, or G.S. 110-105.4." 25 SECTION 18.(b) G.S. 7A-38.4A(j) reads as rewritten: 26 "(j) Evidence of statements made and conduct occurring in a mediated settlement 27 conference or other settlement proceeding conducted under this section, whether attributable to 28 a party, the mediator, other neutral, or a neutral observer present at the settlement proceeding, 29 shall not be subject to discovery and shall be inadmissible in any proceeding in the action or other 30 civil actions on the same claim, except: 31 (1) In proceedings for sanctions under this section; 32 (2) In proceedings to enforce or rescind a settlement of the action; 33 (3) In disciplinary proceedings before the State Bar or the Dispute Resolution 34 Commission; or 35 (4) In proceedings to enforce laws concerning juvenile or elder abuse.for abuse, 36 neglect, or dependency of a juvenile under Chapter 7B of the General Statutes, 37 or proceedings for abuse, neglect, or exploitation of an adult under Article 6 38 or 6A of Chapter 108A of the General Statutes. 39 As used in this subsection, the term "neutral observer" includes persons seeking mediator 40 certification, persons studying dispute resolution processes, and persons acting as interpreters. 41 No settlement agreement to resolve any or all issues reached at the proceeding conducted 42 under this section or during its recesses shall be enforceable unless it has been reduced to writing 43 and signed by the parties against whom enforcement is sought and in all other respects complies 44 with the requirements of Chapter 50 of the General Statutes. No evidence otherwise discoverable 45 shall be inadmissible merely because it is presented or discussed in a settlement proceeding. 46 No mediator, other neutral, or neutral observer present at a settlement proceeding under this 47 section, shall be compelled to testify or produce evidence concerning statements made and 48 conduct occurring in anticipation of, during, or as a follow-up to a mediated settlement 49 conference or other settlement proceeding pursuant to this section in any civil proceeding for any 50 purpose, including proceedings to enforce or rescind a settlement of the action, except to attest 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 19 to the signing of any agreements, and except proceedings for sanctions under this section, 1 disciplinary hearings before the State Bar or the Dispute Resolution Commission, and 2 proceedings to enforce laws concerning juvenile or elder abuse.for abuse, neglect, or dependency 3 of a juvenile under Chapter 7B of the General Statutes, or proceedings for abuse, neglect, or 4 exploitation of an adult under Article 6 or 6A of Chapter 108A of the General Statutes. 5 Nothing in this subsection shall be construed as permitting an individual to obtain immunity 6 from prosecution for criminal conduct or as excusing an individual from reporting requirements 7 of the General Statutes, including Article 3 of Chapter 7B of the General Statutes, Article 39 of 8 Chapter 14 of the General Statutes, G.S. 108A-102, or G.S. 110-105.4." 9 SECTION 18.(c) G.S. 7A-38.3B reads as rewritten: 10 "§ 7A-38.3B. Mediation in matters within the jurisdiction of the clerk of superior court. 11 … 12 (g) Inadmissibility of Negotiations. – Evidence of statements made or conduct occurring 13 during a mediation conducted pursuant to this section, whether attributable to any participant, 14 mediator, expert, or neutral observer, shall not be subject to discovery and shall be inadmissible 15 in any proceeding in the matter or other civil actions on the same claim, except in: 16 (1) Proceedings for sanctions pursuant to this section; 17 (2) Proceedings to enforce or rescind a written and signed settlement agreement; 18 (3) Incompetency, guardianship, or estate proceedings in which a mediated 19 agreement is presented to the clerk; 20 (4) Disciplinary hearings before the State Bar or the Dispute Resolution 21 Commission; or 22 (5) Proceedings for abuse, neglect, or dependency of a juvenile, juvenile under 23 Chapter 7B of the General Statutes, or proceedings for abuse, neglect, or 24 exploitation of an adult, for which there is a duty to report under G.S. 7B-301 25 and Article 6 of Chapter 108A adult under Article 6 or 6A of Chapter 108A 26 of the General Statutes, respectively.Statutes. 27 No evidence otherwise discoverable shall be inadmissible merely because it is presented or 28 discussed in mediation. 29 As used in this section, the term "neutral observer" includes persons seeking mediator 30 certification, persons studying dispute resolution processes, and persons acting as interpreters. 31 (h) Testimony. – No mediator or neutral observer shall be compelled to testify or produce 32 evidence concerning statements made and conduct occurring in anticipation of, during, or as a 33 follow-up to the mediation in any civil proceeding for any purpose, including proceedings to 34 enforce or rescind a settlement of the matter except to attest to the signing of any agreements 35 reached in mediation, and except in: 36 (1) Proceedings for sanctions pursuant to this section; 37 (2) Disciplinary hearings before the State Bar or the Dispute Resolution 38 Commission; or 39 (3) Proceedings for abuse, neglect, or dependency of a juvenile, juvenile under 40 Chapter 7B of the General Statutes, or proceedings for abuse, neglect, or 41 exploitation of an adult, for which there is a duty to report under G.S. 7B-301 42 and Article 6 of Chapter 108A of the General Statutes, respectively.adult 43 under Article 6 or 6A of Chapter 108A of the General Statutes. 44 Nothing in this subsection shall be construed as permitting an individual to obtain immunity 45 from prosecution for criminal conduct or as excusing an individual from reporting requirements 46 of the General Statutes, including Article 3 of Chapter 7B of the General Statutes, Article 39 of 47 Chapter 14 of the General Statutes, G.S. 108A-102, or G.S. 110-105.4. 48 …." 49 SECTION 18.(d) G.S. 7A-38.3D(k) reads as rewritten: 50 General Assembly Of North Carolina Session 2025 Page 20 House Bill 620-Second Edition "(k) Testimony. – No mediator or neutral observer present at the mediation shall be 1 compelled to testify or produce evidence concerning statements made and conduct occurring in 2 or related to a mediation conducted under this section in any proceeding in the same action for 3 any purpose, except in: 4 (1) Proceedings for abuse, neglect, or dependency of a juvenile, juvenile under 5 Chapter 7B of the General Statutes, or proceedings for abuse, neglect, or 6 exploitation of an adult, for which there is a duty to report under G.S. 7B-301 7 and Article 6 of Chapter 108A adult under Article 6 or 6A of Chapter 108A 8 of the General Statutes, respectively.Statutes. 9 (2) Disciplinary hearings before the State Bar or the Dispute Resolution 10 Commission. 11 (3) Proceedings in which the mediator acts as a witness pursuant to subsection (j) 12 of this section. 13 (4) Trials of a felony, during which a presiding judge may compel the disclosure 14 of any evidence arising out of the mediation, excluding a statement made by 15 the defendant in the action under mediation, if it is to be introduced in the trial 16 or disposition of the felony and the judge determines that the introduction of 17 the evidence is necessary to the proper administration of justice and the 18 evidence cannot be obtained from any other source. 19 Nothing in this subsection or subsection (j) of this section shall be construed as permitting an 20 individual to obtain immunity for criminal conduct or as excusing an individual from reporting 21 requirements of the General Statutes, including Article 3 of Chapter 7B of the General Statutes, 22 Article 39 of Chapter 14 of the General Statutes, G.S. 108A-102, or G.S. 110-105.4." 23 24 CONFORMING CHANGES AND SPECIAL PLATE ISSUED 25 SECTION 19.(a) G.S. 1A-1, Rule 63, reads as rewritten: 26 "Rule 63. Disability of a judge. 27 If by reason of death, sickness or other disability, resignation, retirement, expiration of term, 28 removal from office, or other reason, a judge before whom an action has been tried or a hearing 29 has been held is unable to perform the duties to be performed by the court under these rules after 30 a verdict is returned or a trial or hearing is otherwise concluded, then those duties, including entry 31 of judgment, may be performed: 32 (1) In actions in the superior court by the judge senior in point of continuous 33 service on the superior court regularly holding the courts of the district. senior 34 resident superior court judge for the district. If this judge is under a disability, 35 then the resident judge of the district senior in point of service on the superior 36 court may perform those duties. If a resident judge, while holding court in the 37 judge's own district suffers disability and there is no other resident judge of 38 the district, such duties may be performed by a judge of the superior court 39 designated by the Chief Justice of the Supreme Court. 40 (2) In actions in the district court, by the chief judge of the district, or if the chief 41 judge is disabled, by any judge of the district court designated by the Director 42 of the Administrative Office of the Courts. 43 If the substituted judge is satisfied that he or she cannot perform those duties because the 44 judge did not preside at the trial or hearing or for any other reason, the judge may, in the judge's 45 discretion, grant a new trial or hearing." 46 SECTION 19.(b) G.S. 20-79.6(b) reads as rewritten: 47 "(b) Superior Court. – A special plate issued to a senior resident superior court judge shall 48 bear the letter "J" followed by a number indicative of the judicial district or set of districts the 49 judge serves. The number issued to the senior resident superior court judge shall be the numerical 50 designation of the judge's judicial district, serves, as defined in G.S. 7A-41.1(a)(1). If a district 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 21 has more than one regular resident superior court judge, a special plate for a resident superior 1 court judge of that district shall bear the number issued to the senior resident superior court judge 2 Special plates issued to senior resident superior court judges serving districts 7A, 7B, 8A, 9A, 3 9B, 15A, 15B, 43A, and 43B shall also include the letter associated with the district's number, as 4 defined in G.S. 7A-41.1(a)(1). The special plate for the senior resident superior court judge for 5 the set of districts comprised of districts 8B and 8C shall be designated as 8BC. 6 A special plate issued to a regular resident superior court judge shall bear the letter "J" 7 followed by the same alphanumeric designation as the special plate issued to the senior resident 8 superior court judge in the district or set of districts in which the judge serves followed by a 9 hyphen and a letter of the alphabet beginning with the letter "A" to indicate the judge's seniority. 10 For any grouping of districts having the same numerical designation, other than districts 11 where there are two or more resident superior court judges, the number issued to the senior 12 resident superior court judge shall be the number the districts in the set have in common. A 13 special plate issued to the other regular resident superior court judges of the set of districts shall 14 bear the number issued to the senior resident superior court judge followed by a hyphen and a 15 letter of the alphabet beginning with the letter "A" to indicate the judge's seniority among all of 16 the regular resident superior court judges of the set of districts. The letter assigned to a resident 17 superior court judge will not necessarily correspond with the letter designation of the district the 18 judge serves. 19 Where there are two or more regular resident superior court judges for the district or set of 20 districts, the registration plate with the letter "A" shall be issued to the judge who, from among 21 all the regular resident superior court judges of the district or set of districts, has the most 22 continuous service as a regular resident superior court judge; provided if two or more judges are 23 of equal service, the oldest of those judges shall receive the next letter registration plate. 24 Thereafter, registration plates shall be issued based on seniority within the district or set of 25 districts. 26 A special judge, emergency judge, or retired judge of the superior court shall be issued a 27 special plate bearing the letter "J" followed by a number designated by the Administrative Office 28 of the Courts with the approval of the Chief Justice of the Supreme Court of North Carolina. The 29 plate for a retired judge shall have the letter "X" after the designated number to indicate the 30 judge's retired status." 31 32 GRANT NORTH CAROLINA STATE BAR AUTHORITY TO DISCIPLINE 33 OUT-OF-STATE ATTORNEYS PRACTICING IN NORTH CAROLINA 34 SECTION 20. G.S. 84-28 reads as rewritten: 35 "§ 84-28. Discipline and disbarment. 36 (a) Any attorney admitted to practice law in this State State, any attorney admitted for 37 limited practice under G.S. 84-4.1, or any attorney not admitted to practice law in this State who 38 renders or offers to render any legal services in this State is subject to the disciplinary jurisdiction 39 of the Council under such rules and procedures as the Council shall adopt as provided in 40 G.S. 84-23. 41 … 42 (b) The following acts or omissions by a member of the North Carolina State Bar or any 43 attorney admitted for limited practice under G.S. 84-4.1, any attorney subject to the disciplinary 44 jurisdiction of the Council as provided in subsection (a) of this section, individually or in concert 45 with any other person or persons, shall constitute misconduct and shall be grounds for discipline 46 whether the act or omission occurred in the course of an attorney-client relationship or otherwise: 47 (1) Conviction of, or a tender and acceptance of a plea of guilty or no contest to, 48 a criminal offense showing professional unfitness; 49 (2) The violation of the Rules of Professional Conduct adopted and promulgated 50 by the Council in effect at the time of the act; 51 General Assembly Of North Carolina Session 2025 Page 22 House Bill 620-Second Edition (3) Knowing misrepresentation of any facts or circumstances surrounding any 1 complaint, allegation or charge of misconduct; failure to answer any formal 2 inquiry or complaint issued by or in the name of the North Carolina State Bar 3 in any disciplinary matter; or contempt of the Council or any committee of the 4 North Carolina State Bar. 5 … 6 (d) Any attorney admitted to practice law in this State, subject to the disciplinary 7 jurisdiction of the Council as provided in subsection (a) of this section who is convicted of or has 8 tendered and has had accepted, a plea of guilty or no contest to, a criminal offense showing 9 professional unfitness, may be disciplined based upon the conviction, without awaiting the 10 outcome of any appeals of the conviction. An order of discipline based solely upon a conviction 11 of a criminal offense showing professional unfitness shall be vacated immediately upon receipt 12 by the Secretary of the North Carolina State Bar of a certified copy of a judgment or order 13 reversing the conviction. The fact that the attorney's criminal conviction has been overturned on 14 appeal shall not prevent the North Carolina State Bar from conducting a disciplinary proceeding 15 against the attorney based upon the same underlying facts or events that were the subject of the 16 criminal proceeding. 17 … 18 (e) Any attorney admitted to practice law in this State subject to the disciplinary 19 jurisdiction of the Council as provided in subsection (a) of this section who is disciplined in 20 another jurisdiction shall be subject to the same discipline in this State: Provided, that the 21 discipline imposed in the other jurisdiction does not exceed that provided for in subsection (c) 22 above of this section and that the attorney was not deprived of due process in the other 23 jurisdiction. 24 (f) Upon application by the North Carolina State Bar, misconduct by an attorney 25 admitted to practice in this State subject to the disciplinary jurisdiction of the Council as provided 26 in subsection (a) of this section may be restrained or enjoined where the necessity for prompt 27 action exists regardless of whether a disciplinary proceeding in the matter of the conduct is 28 pending. The application shall be filed in the Superior Court of Wake County and shall be 29 governed by the procedure set forth in G.S. 1A-1, Rule 65." 30 31 SUBMISSION OF PHYSICAL DOCUMENTS TO CLERK 32 SECTION 21. G.S. 7A-49.5 reads as rewritten: 33 "§ 7A-49.5. Statewide electronic filing in courts. 34 (a) The General Assembly finds that the electronic filing of pleadings and other 35 documents required to be filed with the courts may be a more economical, efficient, and 36 satisfactory procedure to handle the volumes of paperwork routinely filed with, handled by, and 37 disseminated by the courts of this State, and therefore authorizes the use of electronic filing in 38 the courts of this State. 39 (b) The Supreme Court may adopt rules governing this process and associated costs and 40 may supervise its implementation and operation through the Administrative Office of the Courts. 41 The rules adopted under this section shall address the waiver of electronic fees for indigents. 42 (b1) The Supreme Court shall promulgate rules authorizing electronic filing and electronic 43 signatures in the General Court of Justice. The rules shall require registration to participate in 44 electronic filing and provide security procedures that include a mandatory submission of a form 45 of identification to electronically file pro se. 46 (b2) A physical document that has been verified, notarized, acknowledged, sworn to, 47 certified, exemplified, contains a seal, or made under oath may be converted to an electronic 48 format for filing with the General Court of Justice. The electronic version of the document that 49 is filed with and maintained within the electronic filing and case management systems shall 50 constitute the official version of the court record. Notwithstanding the provisions of this 51 General Assembly Of North Carolina Session 2025 House Bill 620-Second Edition Page 23 subsection, original wills and codicils must also be physically submitted to the clerk and held by 1 the clerk of superior court pursuant to G.S. 28A-2A-13. 2 (c) The Administrative Office of the Courts may contract with a vendor to provide 3 electronic filing in the courts. 4 (d) Any funds received by the Administrative Office of the Courts from the vendor 5 selected pursuant to subsection (c) of this section, other than applicable statutory court costs, as 6 a result of electronic filing, shall be deposited in the Court Information Technology Fund in 7 accordance with G.S. 7A-343.2. 8 (e) The Supreme Court may require that in all cases in which the seal of any court or 9 judicial office is required by law to be affixed to any paper issuing from a court or office, the 10 word "seal" shall be construed to include an impression of the official seal, made upon the paper 11 alone, an impression made by means of a wafer or of wax affixed thereto, or an electronic image 12 adopted as the official seal affixed thereto." 13 14 SEVERABILITY CLAUSE AN D EFFECTIVE DATE 15 SECTION 22.(a) If any section or provision of this act is declared unconstitutional 16 or invalid by the courts, it does not affect the validity of this act as a whole or any portion other 17 than the portion declared to be unconstitutional or invalid. 18 SECTION 22.(b) Except as otherwise provided, this act is effective when it becomes 19 law. 20