112 | | - | "§ 50-113. Designation of a complex family financial claim. 13 |
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113 | | - | (a) A party designating a claim as a complex family financial claim shall file a Notice of 14 |
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114 | | - | Designation in the district court in which the action has been filed and shall contemporaneously 15 |
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115 | | - | serve the notice on all parties or counsel and on the chief hearing officer. The Notice of 16 |
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116 | | - | Designation shall, in good faith and based on information reasonably available, succinctly state 17 |
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117 | | - | each applicable factor provided in G.S. 50-114, the reasons supporting each factor for 18 |
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118 | | - | designation as a complex family financial claim, and any other information supporting 19 |
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119 | | - | designation as a complex family financial claim. Any factor or reasons supporting the designation 20 |
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120 | | - | not asserted shall be deemed conclusively waived. 21 |
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121 | | - | (b) Within 30 days after service of the Notice of Designation, any other party may, in 22 |
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122 | | - | good faith, file and serve an opposition to the designation of the claim as a complex family 23 |
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123 | | - | financial claim. The opposition to the designation of the claim shall assert all reasons for which 24 |
---|
124 | | - | the party opposing designation objects to the designation, and any reason not asserted shall be 25 |
---|
125 | | - | deemed conclusively waived. The opposition to the designation shall be served on each opposing 26 |
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126 | | - | party and the chief hearing officer and shall be filed in the district court in which the action has 27 |
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127 | | - | been filed. 28 |
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128 | | - | (c) Based on the written Notice of Designation and any opposition filed, the chief hearing 29 |
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129 | | - | officer shall determine whether the action should be designated as a complex family financial 30 |
---|
130 | | - | claim by written order entered within 45 days of service of the Notice of Designation. 31 |
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131 | | - | (d) Each party shall pay equal shares of the additional filing fee as required under 32 |
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132 | | - | G.S. 7A-305. Only one additional filing fee shall be required per complex family financial case. 33 |
---|
133 | | - | (e) Once an order granting designation of a claim as a complex family financial claim is 34 |
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134 | | - | entered, that claim shall be designated and administered as a complex family financial case and 35 |
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135 | | - | assigned to a hearing officer by the chief hearing officer. All proceedings related to the claims 36 |
---|
136 | | - | designated as a complex family financial claim shall be before the hearing officer to whom the 37 |
---|
137 | | - | complex family financial case has been assigned. If complex family financial claim status is 38 |
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138 | | - | denied, the claim shall be heard with any other claims filed under this Chapter. 39 |
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139 | | - | (f) Complex family financial cases are subject to all provisions of Article 1 of this 40 |
---|
140 | | - | Chapter, the North Carolina Rules of Civil Procedure, the North Carolina Rules of Evidence, and 41 |
---|
141 | | - | any applicable local rules of court for the county in which the complex family financial case is 42 |
---|
142 | | - | pending. 43 |
---|
143 | | - | "§ 50-114. Factors for complex family financial case determination. 44 |
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144 | | - | The chief hearing officer shall consider each of the following factors in determining whether 45 |
---|
145 | | - | a claim or claims shall be designated as a complex family financial case: 46 |
---|
146 | | - | (1) Valuation and classification issues related to trusts, including active and 47 |
---|
| 64 | + | b. A minimum of six hours continuing legal education must have been 13 |
---|
| 65 | + | completed in each of those five years. 14 |
---|
| 66 | + | (4) Satisfactory peer review by 10 lawyers or judges who are identified by the 15 |
---|
| 67 | + | applicant. The identified individuals must have personal knowledge of the 16 |
---|
| 68 | + | competence and qualification of the applicant in handling complex family 17 |
---|
| 69 | + | financial matters at the pretrial, trial, and posttrial level. All identified 18 |
---|
| 70 | + | individuals must be licensed and in good standing to practice law in the State 19 |
---|
| 71 | + | of North Carolina. No identified individual may be related by blood or 20 |
---|
| 72 | + | marriage to the applicant nor be a colleague at the applicant's place of 21 |
---|
| 73 | + | employment at the time of the application. 22 |
---|
| 74 | + | (c) A hearing officer and the chief hearing officer shall receive the annual salary set forth 23 |
---|
| 75 | + | in the Current Operations Appropriations Act for business court judges and the chief business 24 |
---|
| 76 | + | court judge, and reimbursement on the same basis as State employees generally by G.S. 138-6(a), 25 |
---|
| 77 | + | provided that no travel allowance be paid for travel within a hearing officer's county of residence. 26 |
---|
| 78 | + | The Administrative Office of the Courts may also reimburse a hearing officer, in addition to the 27 |
---|
| 79 | + | above funds for travel, for travel and subsistence expenses incurred for professional education. 28 |
---|
| 80 | + | (d) In lieu of merit and other increment raises paid to regular State employees, a hearing 29 |
---|
| 81 | + | officer shall receive as longevity pay an annual amount equal to four and eight-tenths percent 30 |
---|
| 82 | + | (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable 31 |
---|
| 83 | + | monthly after five years of service, nine and six-tenths percent (9.6%) after 10 years of service, 32 |
---|
| 84 | + | fourteen and four-tenths percent (14.4%) after 15 years of service, nineteen and two-tenths 33 |
---|
| 85 | + | percent (19.2%) after 20 years of service, and twenty-four percent (24%) after 25 years of service. 34 |
---|
| 86 | + | "Service" means service as a justice or judge of the General Court of Justice, as a member of the 35 |
---|
| 87 | + | Utilities Commission, as an administrative law judge, as director or assistant director of the 36 |
---|
| 88 | + | Administrative Office of the Courts, or as a hearing officer. Service shall also mean service as a 37 |
---|
| 89 | + | district attorney or as a clerk of superior court. 38 |
---|
| 90 | + | "§ 50-112. Authority and duties of a complex family financial case hearing officer. 39 |
---|
| 91 | + | (a) A hearing officer under this Article has the following authority and responsibilities in 40 |
---|
| 92 | + | all complex family financial cases: 41 |
---|
| 93 | + | (1) To conduct hearings and to ensure that the parties' due process rights are 42 |
---|
| 94 | + | protected. 43 |
---|
| 95 | + | (2) To take testimony and establish a record. 44 |
---|
| 96 | + | (3) To evaluate evidence and make decisions regarding the issues being heard. 45 |
---|
| 97 | + | (4) To enter temporary, interim, and final orders related to the issues being heard 46 |
---|
| 98 | + | that have the same force and effect as orders entered by a district court judge. 47 |
---|
| 99 | + | (5) To enter orders granting or denying any motion filed under G.S. 1A-1 or any 48 |
---|
| 100 | + | local rules of court for the county in which the action was filed related to 49 |
---|
| 101 | + | actions under this Chapter that have the same force and effect as orders entered 50 |
---|
| 102 | + | by a district court judge. 51 General Assembly Of North Carolina Session 2025 |
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| 103 | + | DRH30334-CIa-8 Page 3 |
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| 104 | + | (6) To subpoena witnesses and documents. 1 |
---|
| 105 | + | (b) A hearing officer under this Article is authorized to conduct hearings on complex 2 |
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| 106 | + | family financial cases statewide. 3 |
---|
| 107 | + | (c) A hearing officer must complete at least nine hours of continuing legal education 4 |
---|
| 108 | + | credits in family law or related fields each year, including taxation, trial advocacy, evidence, 5 |
---|
| 109 | + | negotiation (including training in mediation, arbitration, and collaborative law), real property, 6 |
---|
| 110 | + | estate planning and probate law, trusts, business organizations, employee benefits, bankruptcy, 7 |
---|
| 111 | + | and immigration law. Only one hour per year will be recognized for attendance at negotiation or 8 |
---|
| 112 | + | mediation training, and parenting coordinator training will not qualify for family law or related 9 |
---|
| 113 | + | field hours. 10 |
---|
| 114 | + | "§ 50-113. Designation of a complex family financial claim. 11 |
---|
| 115 | + | (a) A party designating a claim as a complex family financial claim shall file a Notice of 12 |
---|
| 116 | + | Designation in the district court in which the action has been filed and shall contemporaneously 13 |
---|
| 117 | + | serve the notice on all parties or counsel and on the chief hearing officer. The Notice of 14 |
---|
| 118 | + | Designation shall, in good faith and based on information reasonably available, succinctly state 15 |
---|
| 119 | + | each applicable factor provided in G.S. 50-114, the reasons supporting each factor for 16 |
---|
| 120 | + | designation as a complex family financial claim, and any other information supporting 17 |
---|
| 121 | + | designation as a complex family financial claim. Any factor or reasons supporting the designation 18 |
---|
| 122 | + | not asserted shall be deemed conclusively waived. 19 |
---|
| 123 | + | (b) Within 30 days after service of the Notice of Designation, any other party may, in 20 |
---|
| 124 | + | good faith, file and serve an opposition to the designation of the claim as a complex family 21 |
---|
| 125 | + | financial claim. The opposition to the designation of the claim shall assert all reasons for which 22 |
---|
| 126 | + | the party opposing designation objects to the designation, and any reason not asserted shall be 23 |
---|
| 127 | + | deemed conclusively waived. The opposition to the designation shall be served on each opposing 24 |
---|
| 128 | + | party and the chief hearing officer and shall be filed in the district court in which the action has 25 |
---|
| 129 | + | been filed. 26 |
---|
| 130 | + | (c) Based on the written Notice of Designation and any opposition filed, the chief hearing 27 |
---|
| 131 | + | officer shall determine whether the action should be designated as a complex family financial 28 |
---|
| 132 | + | claim by written order entered within 45 days of service of the Notice of Designation. 29 |
---|
| 133 | + | (d) Each party shall pay equal shares of the additional filing fee as required under 30 |
---|
| 134 | + | G.S. 7A-305. Only one additional filing fee shall be required per complex family financial case. 31 |
---|
| 135 | + | (e) Once an order granting designation of a claim as a complex family financial claim is 32 |
---|
| 136 | + | entered, that claim shall be designated and administered as a complex family financial case and 33 |
---|
| 137 | + | assigned to a hearing officer by the chief hearing officer. All proceedings related to the claims 34 |
---|
| 138 | + | designated as a complex family financial claim shall be before the hearing officer to whom the 35 |
---|
| 139 | + | complex family financial case has been assigned. If complex family financial claim status is 36 |
---|
| 140 | + | denied, the claim shall be heard with any other claims filed under this Chapter. 37 |
---|
| 141 | + | (f) Complex family financial cases are subject to all provisions of Article 1 of this 38 |
---|
| 142 | + | Chapter, the North Carolina Rules of Civil Procedure, the North Carolina Rules of Evidence, and 39 |
---|
| 143 | + | any applicable local rules of court for the county in which the complex family financial case is 40 |
---|
| 144 | + | pending. 41 |
---|
| 145 | + | "§ 50-114. Factors for complex family financial case determination. 42 |
---|
| 146 | + | The chief hearing officer shall consider each of the following factors in determining whether 43 |
---|
| 147 | + | a claim or claims shall be designated as a complex family financial case: 44 |
---|
| 148 | + | (1) Valuation and classification issues related to trusts, including active and 45 |
---|
| 149 | + | passive increases or decreases in value. 46 |
---|
| 150 | + | (2) Valuation and classification issues related to businesses, including active or 47 |
---|
148 | | - | (2) Valuation and classification issues related to businesses, including active or 49 |
---|
149 | | - | passive increases or decreases in value. 50 General Assembly Of North Carolina Session 2025 |
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150 | | - | Page 4 House Bill 770-First Edition |
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151 | | - | (3) Valuation and classification of real property, including active or passive 1 |
---|
152 | | - | increases or decreases in value. 2 |
---|
153 | | - | (4) Valuation and classification issues regarding complex retirement or other 3 |
---|
154 | | - | employment benefits, including employee stock ownership plans, stock 4 |
---|
155 | | - | options, profit sharing, defined contribution plans, and defined benefit plans. 5 |
---|
156 | | - | (5) Valuation and classification of profits, bonuses, or other income or assets 6 |
---|
157 | | - | received after the date of separation. 7 |
---|
158 | | - | (6) Active or passive changes in value to separate property during the marriage. 8 |
---|
159 | | - | (7) Tax issues arising from the distribution of assets and debts, including tax loss 9 |
---|
160 | | - | carryforwards, refunds, credits, or tax consequences. 10 |
---|
161 | | - | (8) Whether there are loans or transfers between businesses or shareholders. 11 |
---|
162 | | - | (9) Whether there are third-party defendants. 12 |
---|
163 | | - | (10) Validity of a premarital or property settlement agreement pled in defense to 13 |
---|
164 | | - | an equitable distribution, alimony, post separation support, or child support 14 |
---|
165 | | - | case. 15 |
---|
166 | | - | (11) Total value of real and personal property. 16 |
---|
167 | | - | (12) Calculation of income for spousal support, child support, or both when income 17 |
---|
168 | | - | includes non W-2 income. 18 |
---|
169 | | - | (13) Total length of time requested for trial on the issues detailed on the Notice of 19 |
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170 | | - | Designation. 20 |
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171 | | - | Claims which have been filed in excess of 365 days shall be given priority over claims filed 21 |
---|
172 | | - | less than 365 days, and requested trial dates for the complex family financial case in excess of 22 |
---|
173 | | - | 15 days shall be given priority. 23 |
---|
174 | | - | "§ 50-115. Complex family financial hearings. 24 |
---|
175 | | - | (a) Motion hearings shall be held virtually unless the assigned hearing officer determines 25 |
---|
176 | | - | good cause exists to hold in the hearing in person. If an in-person hearing is ordered, it shall be 26 |
---|
177 | | - | held at the courthouse in the county in which the action was filed in an available district or 27 |
---|
178 | | - | superior courtroom staffed by a deputy or assistant clerk and bailiff. 28 |
---|
179 | | - | (b) Hearings on the issues designated as a complex family financial case shall be held in 29 |
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180 | | - | person at the courthouse in the county in which the action was filed in an available district or 30 |
---|
181 | | - | superior courtroom staffed by a deputy or assistant clerk and bailiff. 31 |
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182 | | - | (c) All complex family financial hearings must be recorded and exhibits maintained as 32 |
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183 | | - | required for any other matter. 33 |
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184 | | - | (d) Any hearing on final disposition of the complex family financial case must be 34 |
---|
185 | | - | scheduled on consecutive days. 35 |
---|
186 | | - | "§ 50-116. Appeal from orders of the complex family financial case hearing officer. 36 |
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187 | | - | Appeals of orders entered by a hearing officer shall be as provided for in G.S. 7A-27(b)." 37 |
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188 | | - | SECTION 2.1. Three hearing officers shall be appointed by the Chief Justice of the 38 |
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189 | | - | North Carolina Supreme Court who meet the requirements of G.S. 50-111(b). The Chief Justice 39 |
---|
190 | | - | of the North Carolina Supreme Court shall designate one of the hearing officers as chief hearing 40 |
---|
191 | | - | officer. The Chief Justice of the North Carolina Supreme Court has the authority to create 41 |
---|
192 | | - | additional rules or procedures necessary to give effect to the provisions of this act. 42 |
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193 | | - | SECTION 2.2. The chief hearing officer and the Administrative Office of the Courts 43 |
---|
194 | | - | shall collaborate to prepare and submit an initial report to the Joint Legislative Oversight 44 |
---|
195 | | - | Committee on Justice and Public Safety and the Fiscal Research Division on or before August 1, 45 |
---|
196 | | - | 2026, and shall provide an annual report on or before August 1 of each year thereafter, including 46 |
---|
197 | | - | the following information: 47 |
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198 | | - | (1) The total number of cases designated as complex family financial cases by 48 |
---|
199 | | - | county. 49 |
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200 | | - | (2) The total number of complex family financial cases disposed of. 50 General Assembly Of North Carolina Session 2025 |
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201 | | - | House Bill 770-First Edition Page 5 |
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202 | | - | (3) The manner of disposition of each complex family financial case, including 1 |
---|
203 | | - | the total number of cases for each type of disposition. 2 |
---|
204 | | - | (4) The average length of final disposition hearings. 3 |
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205 | | - | (5) The shortest, longest, and average length of time from designation to final 4 |
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206 | | - | disposition. 5 |
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207 | | - | (6) The total number of requests for designation as complex family financial 6 |
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208 | | - | cases. 7 |
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209 | | - | (7) Recommendations for improvement or expansion of the program. 8 |
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210 | | - | Each annual report shall include data for the previous fiscal year. 9 |
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211 | | - | SECTION 3. G.S. 7A-305 reads as rewritten: 10 |
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212 | | - | "§ 7A-305. Costs in civil actions. 11 |
---|
213 | | - | (a) In every civil action in the superior or district court, except for actions brought under 12 |
---|
214 | | - | Chapter 50B of the General Statutes, shall be assessed: 13 |
---|
215 | | - | (1) For the use of the courtroom and related judicial facilities, the sum of twelve 14 |
---|
216 | | - | dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 15 |
---|
217 | | - | dollars ($16.00) in district and superior court, to be remitted to the county in 16 |
---|
218 | | - | which the judgment is rendered, except that in all cases in which the judgment 17 |
---|
219 | | - | is rendered in facilities provided by a municipality, the facilities fee shall be 18 |
---|
220 | | - | paid to the municipality. Funds derived from the facilities fees shall be used 19 |
---|
221 | | - | in the same manner, for the same purposes, and subject to the same 20 |
---|
222 | | - | restrictions, as facilities fees assessed in criminal actions. 21 |
---|
223 | | - | (1a) For the upgrade, maintenance, and operation of the judicial and county 22 |
---|
224 | | - | courthouse telecommunications and data connectivity, the sum of four dollars 23 |
---|
225 | | - | ($4.00), to be credited to the Court Information Technology Fund. 24 |
---|
226 | | - | (2) For support of the General Court of Justice, the sum of one hundred eighty 25 |
---|
227 | | - | dollars ($180.00) in the superior court and the sum of one hundred thirty 26 |
---|
228 | | - | dollars ($130.00) in the district court except that if the case is assigned to a 27 |
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229 | | - | magistrate the sum shall be eighty dollars ($80.00). If a case is designated as 28 |
---|
230 | | - | a mandatory complex business case under G.S. 7A-45.4, upon assignment to 29 |
---|
231 | | - | a Business Court Judge, the party filing the designation shall pay an additional 30 |
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232 | | - | one thousand one hundred dollars ($1,100) for support of the General Court 31 |
---|
233 | | - | of Justice. If a case is designated as a complex business case under Rule 2.1 32 |
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234 | | - | and Rule 2.2 of the General Rules of Practice for the Superior and District 33 |
---|
235 | | - | Courts, upon assignment to a Business Court Judge, the plaintiff shall pay an 34 |
---|
236 | | - | additional one thousand one hundred dollars ($1,100) for support of the 35 |
---|
237 | | - | General Court of Justice. Justice. If a claim is designated as a complex family 36 |
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238 | | - | financial claim under G.S. 50-113, upon assignment to a complex family 37 |
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239 | | - | financial hearing officer as defined in G.S. 50-110(3), each party shall equally 38 |
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240 | | - | pay an additional one thousand one hundred dollars ($1,100) for support of 39 |
---|
241 | | - | the General Court of Justice. Sums collected under this subdivision shall be 40 |
---|
242 | | - | remitted to the State Treasurer. The State Treasurer shall remit the sum of 41 |
---|
243 | | - | ninety-five cents ($.95) of each fee collected under this subdivision to the 42 |
---|
244 | | - | North Carolina State Bar for the provision of services described in 43 |
---|
245 | | - | G.S. 7A-474.19. 44 |
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246 | | - | (a1) Costs apply to any and all additional and subsequent actions filed by amendment or 45 |
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247 | | - | counterclaim to the original action brought under Chapter 50B of the General Statutes, unless 46 |
---|
248 | | - | such additional and subsequent amendment or counterclaim to the action is limited to requests 47 |
---|
249 | | - | for relief authorized by Chapter 50B of the General Statutes. 48 |
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250 | | - | (a2) In every action for absolute divorce filed in the district court, a cost of seventy-five 49 |
---|
251 | | - | dollars ($75.00) shall be assessed against the person filing the divorce action. Costs collected by 50 |
---|
252 | | - | the clerk pursuant to this subsection shall be remitted to the State Treasurer, who shall deposit 51 General Assembly Of North Carolina Session 2025 |
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253 | | - | Page 6 House Bill 770-First Edition |
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254 | | - | seventy-five dollars ($75.00) to the Domestic Violence Center Fund established under 1 |
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255 | | - | G.S. 50B-9. Costs assessed under this subsection shall be in addition to any other costs assessed 2 |
---|
256 | | - | under this section. 3 |
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257 | | - | (a3), (a4) Repealed by Session Laws 2008-118, s. 2.9(c), effective July 1, 2008. 4 |
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258 | | - | (a5) In every civil action in the superior or district court wherein a party files a pleading 5 |
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259 | | - | containing one or more counterclaims, third-party complaints, or cross-claims, except for 6 |
---|
260 | | - | counterclaim and cross-claim actions brought under Chapter 50B of the General Statutes for 7 |
---|
261 | | - | which costs are assessed pursuant to subsection (a1) of this section, the following shall be 8 |
---|
262 | | - | assessed: 9 |
---|
263 | | - | (1) For the use of the courtroom and related judicial facilities, the sum of twelve 10 |
---|
264 | | - | dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 11 |
---|
265 | | - | dollars ($16.00) in district and superior court, to be remitted to the 12 |
---|
266 | | - | municipality providing the facilities in which the judgment is rendered. If a 13 |
---|
267 | | - | municipality does not provide the facilities in which the judgment is rendered, 14 |
---|
268 | | - | the sum is to be remitted to the county in which the judgment is rendered. 15 |
---|
269 | | - | Funds derived from the facilities' fees shall be used in the same manner, for 16 |
---|
270 | | - | the same purposes, and subject to the same restrictions as facilities' fees 17 |
---|
271 | | - | assessed in criminal actions. 18 |
---|
272 | | - | (2) For the upgrade, maintenance, and operation of the judicial and county 19 |
---|
273 | | - | courthouse phone systems, the sum of four dollars ($4.00), to be credited to 20 |
---|
274 | | - | the Court Information Technology Fund. 21 |
---|
275 | | - | (3) For support of the General Court of Justice, the sum of one hundred eighty 22 |
---|
276 | | - | dollars ($180.00) in the superior court, except that if a case is assigned to a 23 |
---|
277 | | - | special superior court judge as a complex business case under G.S. 7A-45.3, 24 |
---|
278 | | - | filing fees shall be collected and disbursed in accordance with subsection (a) 25 |
---|
279 | | - | of this section, and the sum of one hundred thirty dollars ($130.00) in the 26 |
---|
280 | | - | district court, except that if the case is assigned to a magistrate, the sum shall 27 |
---|
281 | | - | be eighty dollars ($80.00). Sums collected under this subdivision shall be 28 |
---|
282 | | - | remitted to the State Treasurer. The State Treasurer shall remit the sum of 29 |
---|
283 | | - | ninety-five cents ($.95) of each fee collected under this subdivision to the 30 |
---|
284 | | - | North Carolina State Bar for the provision of services described in 31 |
---|
285 | | - | G.S. 7A-474.19. 32 |
---|
286 | | - | (b) On appeal, costs are cumulative, and when cases heard before a magistrate are 33 |
---|
287 | | - | appealed to the district court, the General Court of Justice fee and the facilities fee applicable in 34 |
---|
288 | | - | the district court shall be added to the fees assessed before the magistrate. When an order of the 35 |
---|
289 | | - | clerk of the superior court is appealed to either the district court or the superior court, no 36 |
---|
290 | | - | additional General Court of Justice fee or facilities fee shall be assessed. 37 |
---|
291 | | - | (b1) When a defendant files an answer in an action filed as a small claim which requires 38 |
---|
292 | | - | the entire case to be withdrawn from a magistrate and transferred to the district court, the 39 |
---|
293 | | - | difference between the General Court of Justice fee and facilities fee applicable to the district 40 |
---|
294 | | - | court and the General Court of Justice fee and facilities fee applicable to cases heard by a 41 |
---|
295 | | - | magistrate shall be assessed. The defendant is responsible for paying the fee. 42 |
---|
296 | | - | (c) The clerk of superior court, at the time of the filing of the papers initiating the action 43 |
---|
297 | | - | or the appeal, shall collect as advance court costs, the facilities fee, General Court of Justice fee, 44 |
---|
298 | | - | and the divorce fee imposed under subsection (a2) of this section, except in suits by an indigent. 45 |
---|
299 | | - | The clerk shall also collect the fee for discovery procedures under Rule 27(a) and (b) at the time 46 |
---|
300 | | - | of the filing of the verified petition. 47 |
---|
301 | | - | (d) The following expenses, when incurred, are assessable or recoverable, as the case 48 |
---|
302 | | - | may be. The expenses set forth in this subsection are complete and exclusive and constitute a 49 |
---|
303 | | - | limit on the trial court's discretion to tax costs pursuant to G.S. 6-20: 50 |
---|
304 | | - | (1) Witness fees, as provided by law. 51 General Assembly Of North Carolina Session 2025 |
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305 | | - | House Bill 770-First Edition Page 7 |
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306 | | - | (2) Jail fees, as provided by law. 1 |
---|
307 | | - | (3) Counsel fees, as provided by law. 2 |
---|
308 | | - | (4) Expense of service of process by certified mail and by publication. 3 |
---|
309 | | - | (5) Costs on appeal to the superior court, or to the appellate division, as the case 4 |
---|
310 | | - | may be, of the original transcript of testimony, if any, insofar as essential to 5 |
---|
311 | | - | the appeal. 6 |
---|
312 | | - | (6) Fees for personal service and civil process and other sheriff's fees, as provided 7 |
---|
313 | | - | by law. Fees for personal service by a private process server may be 8 |
---|
314 | | - | recoverable in an amount equal to the actual cost of such service or fifty 9 |
---|
315 | | - | dollars ($50.00), whichever is less, unless the court finds that due to difficulty 10 |
---|
316 | | - | of service a greater amount is appropriate. 11 |
---|
317 | | - | (7) Fees of mediators appointed by the court, mediators agreed upon by the 12 |
---|
318 | | - | parties, guardians ad litem, referees, receivers, commissioners, surveyors, 13 |
---|
319 | | - | arbitrators, appraisers, and other similar court appointees, as provided by law. 14 |
---|
320 | | - | The fee of such appointees shall include reasonable reimbursement for 15 |
---|
321 | | - | stenographic assistance, when necessary. 16 |
---|
322 | | - | (8) Fees of interpreters, when authorized and approved by the court. 17 |
---|
323 | | - | (9) Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. 18 |
---|
324 | | - | (10) Reasonable and necessary expenses for stenographic and videographic 19 |
---|
325 | | - | assistance directly related to the taking of depositions and for the cost of 20 |
---|
326 | | - | deposition transcripts. 21 |
---|
327 | | - | (11) Reasonable and necessary fees of expert witnesses solely for actual time spent 22 |
---|
328 | | - | providing testimony at trial, deposition, or other proceedings. 23 |
---|
329 | | - | (12) The fee assessed pursuant to subdivision (2) of subsection (a) of this section 24 |
---|
330 | | - | upon assignment of a case to a special superior court judge as a complex 25 |
---|
331 | | - | business case. 26 |
---|
332 | | - | Nothing in this subsection or in G.S. 6-20 shall be construed to limit the trial court's authority to 27 |
---|
333 | | - | award fees and expenses in connection with pretrial discovery matters as provided in Rule 26(b) 28 |
---|
334 | | - | or Rule 37 of the Rules of Civil Procedure, and no award of costs made pursuant to this section 29 |
---|
335 | | - | or pursuant to G.S. 6-20 shall reverse or modify any such orders entered in connection with 30 |
---|
336 | | - | pretrial discovery. 31 |
---|
337 | | - | (e) Nothing in this section shall affect the liability of the respective parties for costs as 32 |
---|
338 | | - | provided by law. 33 |
---|
339 | | - | (f) For the support of the General Court of Justice, the sum of twenty dollars ($20.00) 34 |
---|
340 | | - | shall accompany any filing of a notice of hearing on a motion not listed in G.S. 7A-308 that is 35 |
---|
341 | | - | filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a 36 |
---|
342 | | - | sole claim for relief the taxing of costs, including attorneys' fees, to a motion filed pursuant to 37 |
---|
343 | | - | G.S. 1C-1602 or G.S. 1C-1603, or to a motion filed by a child support enforcement agency 38 |
---|
344 | | - | established pursuant to Part D of Title IV of the Social Security Act. No more than one fee shall 39 |
---|
345 | | - | be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing 40 |
---|
346 | | - | is continued, rescheduled, or otherwise delayed." 41 |
---|
347 | | - | SECTION 4. G.S. 7A-27 reads as rewritten: 42 |
---|
348 | | - | "§ 7A-27. Appeals of right from the courts of the trial divisions. 43 |
---|
349 | | - | (a) Appeal lies of right directly to the Supreme Court in any of the following cases: 44 |
---|
350 | | - | (1) All cases in which the defendant is convicted of murder in the first degree and 45 |
---|
351 | | - | the judgment of the superior court includes a sentence of death. 46 |
---|
352 | | - | (2) From any final judgment in a case designated as a mandatory complex 47 |
---|
353 | | - | business case pursuant to G.S. 7A-45.4 or designated as a discretionary 48 |
---|
354 | | - | complex business case pursuant to Rule 2.1 of the General Rules of Practice 49 |
---|
355 | | - | for the Superior and District Courts. 50 General Assembly Of North Carolina Session 2025 |
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356 | | - | Page 8 House Bill 770-First Edition |
---|
357 | | - | (3) From any interlocutory order of a Business Court Judge that does any of the 1 |
---|
358 | | - | following: 2 |
---|
359 | | - | a. Affects a substantial right. 3 |
---|
360 | | - | b. In effect determines the action and prevents a judgment from which an 4 |
---|
361 | | - | appeal might be taken. 5 |
---|
362 | | - | c. Discontinues the action. 6 |
---|
363 | | - | d. Grants or refuses a new trial. 7 |
---|
364 | | - | (4) Any trial court's decision regarding class action certification under G.S. 1A-1, 8 |
---|
365 | | - | Rule 23. 9 |
---|
366 | | - | (5) Repealed by Session Laws 2021-18, s. 1, effective July 1, 2021, and applicable 10 |
---|
367 | | - | to appeals filed on or after that date. 11 |
---|
368 | | - | (a1) Repealed by Session Laws 2016-125, s. 22(b), 4th Ex. Sess., effective December 1, 12 |
---|
369 | | - | 2016. 13 |
---|
370 | | - | (b) Except as provided in subsection (a) of this section, appeal lies of right directly to the 14 |
---|
371 | | - | Court of Appeals in any of the following cases: 15 |
---|
372 | | - | (1) From any final judgment of a superior court, other than one based on a plea of 16 |
---|
373 | | - | guilty or nolo contendere, including any final judgment entered upon review 17 |
---|
374 | | - | of a decision of an administrative agency, except for a final judgment entered 18 |
---|
375 | | - | upon review of a court martial under G.S. 127A-62. 19 |
---|
376 | | - | (2) From any final judgment of a district court in a civil action. 20 |
---|
377 | | - | (3) From any interlocutory order or judgment of a superior court or district court 21 |
---|
378 | | - | in a civil action or proceeding that does any of the following: 22 |
---|
379 | | - | a. Affects a substantial right. 23 |
---|
380 | | - | b. In effect determines the action and prevents a judgment from which an 24 |
---|
381 | | - | appeal might be taken. 25 |
---|
382 | | - | c. Discontinues the action. 26 |
---|
383 | | - | d. Grants or refuses a new trial. 27 |
---|
384 | | - | e. Determines a claim prosecuted under G.S. 50-19.1. 28 |
---|
385 | | - | f. Grants temporary injunctive relief restraining the State or a political 29 |
---|
386 | | - | subdivision of the State from enforcing the operation or execution of 30 |
---|
387 | | - | an act of the General Assembly. This sub-subdivision only applies 31 |
---|
388 | | - | where the State or a political subdivision of the State is a party in the 32 |
---|
389 | | - | civil action. 33 |
---|
390 | | - | g. Denies, upon the court's own motion or the motion of a party, the 34 |
---|
391 | | - | transfer of an action or proceeding pursuant to Rule 42(b)(4) of the 35 |
---|
392 | | - | North Carolina Rules of Civil Procedure. 36 |
---|
393 | | - | (4) From any other order or judgment of the superior court from which an appeal 37 |
---|
394 | | - | is authorized by statute. 38 |
---|
395 | | - | (5) From any final judgment in a complex family financial case of a hearing 39 |
---|
396 | | - | officer as defined in G.S. 50-110(3). 40 |
---|
397 | | - | (6) From any interlocutory order or judgment of a hearing officer as defined in 41 |
---|
398 | | - | G.S. 50-110(3) in a complex family financial case that does any of the 42 |
---|
399 | | - | following: 43 |
---|
400 | | - | a. Affects a substantial right. 44 |
---|
401 | | - | b. In effect determines the action and prevents a judgment from which an 45 |
---|
402 | | - | appeal might be taken. 46 |
---|
403 | | - | c. Discontinues the action. 47 |
---|
404 | | - | d. Grants or refuses a new trial. 48 |
---|
405 | | - | e. Determines a claim prosecuted under G.S. 50-19.1. 49 |
---|
406 | | - | (c) through (e) Repealed by Session Laws 2013-411, s. 1, effective August 23, 2013." 50 General Assembly Of North Carolina Session 2025 |
---|
407 | | - | House Bill 770-First Edition Page 9 |
---|
408 | | - | SECTION 5. This act becomes effective July 1, 2025. The Chief Justice of the North 1 |
---|
409 | | - | Carolina Supreme Court shall appoint the three hearing officers and designate the chief hearing 2 |
---|
410 | | - | officer as provided for in Section 1 of this act by September 1, 2025. Notices of Designation can 3 |
---|
411 | | - | be filed beginning January 1, 2026. 4 |
---|
| 152 | + | (3) Valuation and classification of real property, including active or passive 49 |
---|
| 153 | + | increases or decreases in value. 50 General Assembly Of North Carolina Session 2025 |
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| 154 | + | Page 4 DRH30334-CIa-8 |
---|
| 155 | + | (4) Valuation and classification issues regarding complex retirement or other 1 |
---|
| 156 | + | employment benefits, including employee stock ownership plans, stock 2 |
---|
| 157 | + | options, profit sharing, defined contribution plans, and defined benefit plans. 3 |
---|
| 158 | + | (5) Valuation and classification of profits, bonuses, or other income or assets 4 |
---|
| 159 | + | received after the date of separation. 5 |
---|
| 160 | + | (6) Active or passive changes in value to separate property during the marriage. 6 |
---|
| 161 | + | (7) Tax issues arising from the distribution of assets and debts, including tax loss 7 |
---|
| 162 | + | carryforwards, refunds, credits, or tax consequences. 8 |
---|
| 163 | + | (8) Whether there are loans or transfers between businesses or shareholders. 9 |
---|
| 164 | + | (9) Whether there are third-party defendants. 10 |
---|
| 165 | + | (10) Validity of a premarital or property settlement agreement pled in defense to 11 |
---|
| 166 | + | an equitable distribution, alimony, post separation support, or child support 12 |
---|
| 167 | + | case. 13 |
---|
| 168 | + | (11) Total value of real and personal property. 14 |
---|
| 169 | + | (12) Calculation of income for spousal support, child support, or both when income 15 |
---|
| 170 | + | includes non W-2 income. 16 |
---|
| 171 | + | (13) Total length of time requested for trial on the issues detailed on the Notice of 17 |
---|
| 172 | + | Designation. 18 |
---|
| 173 | + | Claims which have been filed in excess of 365 days shall be given priority over claims filed 19 |
---|
| 174 | + | less than 365 days, and requested trial dates for the complex family financial case in excess of 20 |
---|
| 175 | + | 15 days shall be given priority. 21 |
---|
| 176 | + | "§ 50-115. Complex family financial hearings. 22 |
---|
| 177 | + | (a) Motion hearings shall be held virtually unless the assigned hearing officer determines 23 |
---|
| 178 | + | good cause exists to hold in the hearing in person. If an in-person hearing is ordered, it shall be 24 |
---|
| 179 | + | held at the courthouse in the county in which the action was filed in an available district or 25 |
---|
| 180 | + | superior courtroom staffed by a deputy or assistant clerk and bailiff. 26 |
---|
| 181 | + | (b) Hearings on the issues designated as a complex family financial case shall be held in 27 |
---|
| 182 | + | person at the courthouse in the county in which the action was filed in an available district or 28 |
---|
| 183 | + | superior courtroom staffed by a deputy or assistant clerk and bailiff. 29 |
---|
| 184 | + | (c) All complex family financial hearings must be recorded and exhibits maintained as 30 |
---|
| 185 | + | required for any other matter. 31 |
---|
| 186 | + | (d) Any hearing on final disposition of the complex family financial case must be 32 |
---|
| 187 | + | scheduled on consecutive days. 33 |
---|
| 188 | + | "§ 50-116. Appeal from orders of the complex family financial case hearing officer. 34 |
---|
| 189 | + | Appeals of orders entered by a hearing officer shall be as provided for in G.S. 7A-27(b)." 35 |
---|
| 190 | + | SECTION 2.1. Three hearing officers shall be appointed by the Chief Justice of the 36 |
---|
| 191 | + | North Carolina Supreme Court who meet the requirements of G.S. 50-111(b). The Chief Justice 37 |
---|
| 192 | + | of the North Carolina Supreme Court shall designate one of the hearing officers as chief hearing 38 |
---|
| 193 | + | officer. The Chief Justice of the North Carolina Supreme Court has the authority to create 39 |
---|
| 194 | + | additional rules or procedures necessary to give effect to the provisions of this act. 40 |
---|
| 195 | + | SECTION 2.2. The chief hearing officer and the Administrative Office of the Courts 41 |
---|
| 196 | + | shall collaborate to prepare and submit an initial report to the Joint Legislative Oversight 42 |
---|
| 197 | + | Committee on Justice and Public Safety and the Fiscal Research Division on or before August 1, 43 |
---|
| 198 | + | 2026, and shall provide an annual report on or before August 1 of each year thereafter, including 44 |
---|
| 199 | + | the following information: 45 |
---|
| 200 | + | (1) The total number of cases designated as complex family financial cases by 46 |
---|
| 201 | + | county. 47 |
---|
| 202 | + | (2) The total number of complex family financial cases disposed of. 48 |
---|
| 203 | + | (3) The manner of disposition of each complex family financial case, including 49 |
---|
| 204 | + | the total number of cases for each type of disposition. 50 |
---|
| 205 | + | (4) The average length of final disposition hearings. 51 General Assembly Of North Carolina Session 2025 |
---|
| 206 | + | DRH30334-CIa-8 Page 5 |
---|
| 207 | + | (5) The shortest, longest, and average length of time from designation to final 1 |
---|
| 208 | + | disposition. 2 |
---|
| 209 | + | (6) The total number of requests for designation as complex family financial 3 |
---|
| 210 | + | cases. 4 |
---|
| 211 | + | (7) Recommendations for improvement or expansion of the program. 5 |
---|
| 212 | + | Each annual report shall include data for the previous fiscal year. 6 |
---|
| 213 | + | SECTION 3. G.S. 7A-305 reads as rewritten: 7 |
---|
| 214 | + | "§ 7A-305. Costs in civil actions. 8 |
---|
| 215 | + | (a) In every civil action in the superior or district court, except for actions brought under 9 |
---|
| 216 | + | Chapter 50B of the General Statutes, shall be assessed: 10 |
---|
| 217 | + | (1) For the use of the courtroom and related judicial facilities, the sum of twelve 11 |
---|
| 218 | + | dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 12 |
---|
| 219 | + | dollars ($16.00) in district and superior court, to be remitted to the county in 13 |
---|
| 220 | + | which the judgment is rendered, except that in all cases in which the judgment 14 |
---|
| 221 | + | is rendered in facilities provided by a municipality, the facilities fee shall be 15 |
---|
| 222 | + | paid to the municipality. Funds derived from the facilities fees shall be used 16 |
---|
| 223 | + | in the same manner, for the same purposes, and subject to the same 17 |
---|
| 224 | + | restrictions, as facilities fees assessed in criminal actions. 18 |
---|
| 225 | + | (1a) For the upgrade, maintenance, and operation of the judicial and county 19 |
---|
| 226 | + | courthouse telecommunications and data connectivity, the sum of four dollars 20 |
---|
| 227 | + | ($4.00), to be credited to the Court Information Technology Fund. 21 |
---|
| 228 | + | (2) For support of the General Court of Justice, the sum of one hundred eighty 22 |
---|
| 229 | + | dollars ($180.00) in the superior court and the sum of one hundred thirty 23 |
---|
| 230 | + | dollars ($130.00) in the district court except that if the case is assigned to a 24 |
---|
| 231 | + | magistrate the sum shall be eighty dollars ($80.00). If a case is designated as 25 |
---|
| 232 | + | a mandatory complex business case under G.S. 7A-45.4, upon assignment to 26 |
---|
| 233 | + | a Business Court Judge, the party filing the designation shall pay an additional 27 |
---|
| 234 | + | one thousand one hundred dollars ($1,100) for support of the General Court 28 |
---|
| 235 | + | of Justice. If a case is designated as a complex business case under Rule 2.1 29 |
---|
| 236 | + | and Rule 2.2 of the General Rules of Practice for the Superior and District 30 |
---|
| 237 | + | Courts, upon assignment to a Business Court Judge, the plaintiff shall pay an 31 |
---|
| 238 | + | additional one thousand one hundred dollars ($1,100) for support of the 32 |
---|
| 239 | + | General Court of Justice. Justice. If a claim is designated as a complex family 33 |
---|
| 240 | + | financial claim under G.S. 50-113, upon assignment to a complex family 34 |
---|
| 241 | + | financial hearing officer as defined in G.S. 50-110(3), each party shall equally 35 |
---|
| 242 | + | pay an additional one thousand one hundred dollars ($1,100) for support of 36 |
---|
| 243 | + | the General Court of Justice. Sums collected under this subdivision shall be 37 |
---|
| 244 | + | remitted to the State Treasurer. The State Treasurer shall remit the sum of 38 |
---|
| 245 | + | ninety-five cents ($.95) of each fee collected under this subdivision to the 39 |
---|
| 246 | + | North Carolina State Bar for the provision of services described in 40 |
---|
| 247 | + | G.S. 7A-474.19. 41 |
---|
| 248 | + | (a1) Costs apply to any and all additional and subsequent actions filed by amendment or 42 |
---|
| 249 | + | counterclaim to the original action brought under Chapter 50B of the General Statutes, unless 43 |
---|
| 250 | + | such additional and subsequent amendment or counterclaim to the action is limited to requests 44 |
---|
| 251 | + | for relief authorized by Chapter 50B of the General Statutes. 45 |
---|
| 252 | + | (a2) In every action for absolute divorce filed in the district court, a cost of seventy-five 46 |
---|
| 253 | + | dollars ($75.00) shall be assessed against the person filing the divorce action. Costs collected by 47 |
---|
| 254 | + | the clerk pursuant to this subsection shall be remitted to the State Treasurer, who shall deposit 48 |
---|
| 255 | + | seventy-five dollars ($75.00) to the Domestic Violence Center Fund established under 49 |
---|
| 256 | + | G.S. 50B-9. Costs assessed under this subsection shall be in addition to any other costs assessed 50 |
---|
| 257 | + | under this section. 51 General Assembly Of North Carolina Session 2025 |
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| 258 | + | Page 6 DRH30334-CIa-8 |
---|
| 259 | + | (a3), (a4) Repealed by Session Laws 2008-118, s. 2.9(c), effective July 1, 2008. 1 |
---|
| 260 | + | (a5) In every civil action in the superior or district court wherein a party files a pleading 2 |
---|
| 261 | + | containing one or more counterclaims, third-party complaints, or cross-claims, except for 3 |
---|
| 262 | + | counterclaim and cross-claim actions brought under Chapter 50B of the General Statutes for 4 |
---|
| 263 | + | which costs are assessed pursuant to subsection (a1) of this section, the following shall be 5 |
---|
| 264 | + | assessed: 6 |
---|
| 265 | + | (1) For the use of the courtroom and related judicial facilities, the sum of twelve 7 |
---|
| 266 | + | dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 8 |
---|
| 267 | + | dollars ($16.00) in district and superior court, to be remitted to the 9 |
---|
| 268 | + | municipality providing the facilities in which the judgment is rendered. If a 10 |
---|
| 269 | + | municipality does not provide the facilities in which the judgment is rendered, 11 |
---|
| 270 | + | the sum is to be remitted to the county in which the judgment is rendered. 12 |
---|
| 271 | + | Funds derived from the facilities' fees shall be used in the same manner, for 13 |
---|
| 272 | + | the same purposes, and subject to the same restrictions as facilities' fees 14 |
---|
| 273 | + | assessed in criminal actions. 15 |
---|
| 274 | + | (2) For the upgrade, maintenance, and operation of the judicial and county 16 |
---|
| 275 | + | courthouse phone systems, the sum of four dollars ($4.00), to be credited to 17 |
---|
| 276 | + | the Court Information Technology Fund. 18 |
---|
| 277 | + | (3) For support of the General Court of Justice, the sum of one hundred eighty 19 |
---|
| 278 | + | dollars ($180.00) in the superior court, except that if a case is assigned to a 20 |
---|
| 279 | + | special superior court judge as a complex business case under G.S. 7A-45.3, 21 |
---|
| 280 | + | filing fees shall be collected and disbursed in accordance with subsection (a) 22 |
---|
| 281 | + | of this section, and the sum of one hundred thirty dollars ($130.00) in the 23 |
---|
| 282 | + | district court, except that if the case is assigned to a magistrate, the sum shall 24 |
---|
| 283 | + | be eighty dollars ($80.00). Sums collected under this subdivision shall be 25 |
---|
| 284 | + | remitted to the State Treasurer. The State Treasurer shall remit the sum of 26 |
---|
| 285 | + | ninety-five cents ($.95) of each fee collected under this subdivision to the 27 |
---|
| 286 | + | North Carolina State Bar for the provision of services described in 28 |
---|
| 287 | + | G.S. 7A-474.19. 29 |
---|
| 288 | + | (b) On appeal, costs are cumulative, and when cases heard before a magistrate are 30 |
---|
| 289 | + | appealed to the district court, the General Court of Justice fee and the facilities fee applicable in 31 |
---|
| 290 | + | the district court shall be added to the fees assessed before the magistrate. When an order of the 32 |
---|
| 291 | + | clerk of the superior court is appealed to either the district court or the superior court, no 33 |
---|
| 292 | + | additional General Court of Justice fee or facilities fee shall be assessed. 34 |
---|
| 293 | + | (b1) When a defendant files an answer in an action filed as a small claim which requires 35 |
---|
| 294 | + | the entire case to be withdrawn from a magistrate and transferred to the district court, the 36 |
---|
| 295 | + | difference between the General Court of Justice fee and facilities fee applicable to the district 37 |
---|
| 296 | + | court and the General Court of Justice fee and facilities fee applicable to cases heard by a 38 |
---|
| 297 | + | magistrate shall be assessed. The defendant is responsible for paying the fee. 39 |
---|
| 298 | + | (c) The clerk of superior court, at the time of the filing of the papers initiating the action 40 |
---|
| 299 | + | or the appeal, shall collect as advance court costs, the facilities fee, General Court of Justice fee, 41 |
---|
| 300 | + | and the divorce fee imposed under subsection (a2) of this section, except in suits by an indigent. 42 |
---|
| 301 | + | The clerk shall also collect the fee for discovery procedures under Rule 27(a) and (b) at the time 43 |
---|
| 302 | + | of the filing of the verified petition. 44 |
---|
| 303 | + | (d) The following expenses, when incurred, are assessable or recoverable, as the case 45 |
---|
| 304 | + | may be. The expenses set forth in this subsection are complete and exclusive and constitute a 46 |
---|
| 305 | + | limit on the trial court's discretion to tax costs pursuant to G.S. 6-20: 47 |
---|
| 306 | + | (1) Witness fees, as provided by law. 48 |
---|
| 307 | + | (2) Jail fees, as provided by law. 49 |
---|
| 308 | + | (3) Counsel fees, as provided by law. 50 |
---|
| 309 | + | (4) Expense of service of process by certified mail and by publication. 51 General Assembly Of North Carolina Session 2025 |
---|
| 310 | + | DRH30334-CIa-8 Page 7 |
---|
| 311 | + | (5) Costs on appeal to the superior court, or to the appellate division, as the case 1 |
---|
| 312 | + | may be, of the original transcript of testimony, if any, insofar as essential to 2 |
---|
| 313 | + | the appeal. 3 |
---|
| 314 | + | (6) Fees for personal service and civil process and other sheriff's fees, as provided 4 |
---|
| 315 | + | by law. Fees for personal service by a private process server may be 5 |
---|
| 316 | + | recoverable in an amount equal to the actual cost of such service or fifty 6 |
---|
| 317 | + | dollars ($50.00), whichever is less, unless the court finds that due to difficulty 7 |
---|
| 318 | + | of service a greater amount is appropriate. 8 |
---|
| 319 | + | (7) Fees of mediators appointed by the court, mediators agreed upon by the 9 |
---|
| 320 | + | parties, guardians ad litem, referees, receivers, commissioners, surveyors, 10 |
---|
| 321 | + | arbitrators, appraisers, and other similar court appointees, as provided by law. 11 |
---|
| 322 | + | The fee of such appointees shall include reasonable reimbursement for 12 |
---|
| 323 | + | stenographic assistance, when necessary. 13 |
---|
| 324 | + | (8) Fees of interpreters, when authorized and approved by the court. 14 |
---|
| 325 | + | (9) Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. 15 |
---|
| 326 | + | (10) Reasonable and necessary expenses for stenographic and videographic 16 |
---|
| 327 | + | assistance directly related to the taking of depositions and for the cost of 17 |
---|
| 328 | + | deposition transcripts. 18 |
---|
| 329 | + | (11) Reasonable and necessary fees of expert witnesses solely for actual time spent 19 |
---|
| 330 | + | providing testimony at trial, deposition, or other proceedings. 20 |
---|
| 331 | + | (12) The fee assessed pursuant to subdivision (2) of subsection (a) of this section 21 |
---|
| 332 | + | upon assignment of a case to a special superior court judge as a complex 22 |
---|
| 333 | + | business case. 23 |
---|
| 334 | + | Nothing in this subsection or in G.S. 6-20 shall be construed to limit the trial court's authority to 24 |
---|
| 335 | + | award fees and expenses in connection with pretrial discovery matters as provided in Rule 26(b) 25 |
---|
| 336 | + | or Rule 37 of the Rules of Civil Procedure, and no award of costs made pursuant to this section 26 |
---|
| 337 | + | or pursuant to G.S. 6-20 shall reverse or modify any such orders entered in connection with 27 |
---|
| 338 | + | pretrial discovery. 28 |
---|
| 339 | + | (e) Nothing in this section shall affect the liability of the respective parties for costs as 29 |
---|
| 340 | + | provided by law. 30 |
---|
| 341 | + | (f) For the support of the General Court of Justice, the sum of twenty dollars ($20.00) 31 |
---|
| 342 | + | shall accompany any filing of a notice of hearing on a motion not listed in G.S. 7A-308 that is 32 |
---|
| 343 | + | filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a 33 |
---|
| 344 | + | sole claim for relief the taxing of costs, including attorneys' fees, to a motion filed pursuant to 34 |
---|
| 345 | + | G.S. 1C-1602 or G.S. 1C-1603, or to a motion filed by a child support enforcement agency 35 |
---|
| 346 | + | established pursuant to Part D of Title IV of the Social Security Act. No more than one fee shall 36 |
---|
| 347 | + | be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing 37 |
---|
| 348 | + | is continued, rescheduled, or otherwise delayed." 38 |
---|
| 349 | + | SECTION 4. G.S. 7A-27 reads as rewritten: 39 |
---|
| 350 | + | "§ 7A-27. Appeals of right from the courts of the trial divisions. 40 |
---|
| 351 | + | (a) Appeal lies of right directly to the Supreme Court in any of the following cases: 41 |
---|
| 352 | + | (1) All cases in which the defendant is convicted of murder in the first degree and 42 |
---|
| 353 | + | the judgment of the superior court includes a sentence of death. 43 |
---|
| 354 | + | (2) From any final judgment in a case designated as a mandatory complex 44 |
---|
| 355 | + | business case pursuant to G.S. 7A-45.4 or designated as a discretionary 45 |
---|
| 356 | + | complex business case pursuant to Rule 2.1 of the General Rules of Practice 46 |
---|
| 357 | + | for the Superior and District Courts. 47 |
---|
| 358 | + | (3) From any interlocutory order of a Business Court Judge that does any of the 48 |
---|
| 359 | + | following: 49 |
---|
| 360 | + | a. Affects a substantial right. 50 General Assembly Of North Carolina Session 2025 |
---|
| 361 | + | Page 8 DRH30334-CIa-8 |
---|
| 362 | + | b. In effect determines the action and prevents a judgment from which an 1 |
---|
| 363 | + | appeal might be taken. 2 |
---|
| 364 | + | c. Discontinues the action. 3 |
---|
| 365 | + | d. Grants or refuses a new trial. 4 |
---|
| 366 | + | (4) Any trial court's decision regarding class action certification under G.S. 1A-1, 5 |
---|
| 367 | + | Rule 23. 6 |
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| 368 | + | (5) Repealed by Session Laws 2021-18, s. 1, effective July 1, 2021, and applicable 7 |
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| 369 | + | to appeals filed on or after that date. 8 |
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| 370 | + | (a1) Repealed by Session Laws 2016-125, s. 22(b), 4th Ex. Sess., effective December 1, 9 |
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| 371 | + | 2016. 10 |
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| 372 | + | (b) Except as provided in subsection (a) of this section, appeal lies of right directly to the 11 |
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| 373 | + | Court of Appeals in any of the following cases: 12 |
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| 374 | + | (1) From any final judgment of a superior court, other than one based on a plea of 13 |
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| 375 | + | guilty or nolo contendere, including any final judgment entered upon review 14 |
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| 376 | + | of a decision of an administrative agency, except for a final judgment entered 15 |
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| 377 | + | upon review of a court martial under G.S. 127A-62. 16 |
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| 378 | + | (2) From any final judgment of a district court in a civil action. 17 |
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| 379 | + | (3) From any interlocutory order or judgment of a superior court or district court 18 |
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| 380 | + | in a civil action or proceeding that does any of the following: 19 |
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| 381 | + | a. Affects a substantial right. 20 |
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| 382 | + | b. In effect determines the action and prevents a judgment from which an 21 |
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| 383 | + | appeal might be taken. 22 |
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| 384 | + | c. Discontinues the action. 23 |
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| 385 | + | d. Grants or refuses a new trial. 24 |
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| 386 | + | e. Determines a claim prosecuted under G.S. 50-19.1. 25 |
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| 387 | + | f. Grants temporary injunctive relief restraining the State or a political 26 |
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| 388 | + | subdivision of the State from enforcing the operation or execution of 27 |
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| 389 | + | an act of the General Assembly. This sub-subdivision only applies 28 |
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| 390 | + | where the State or a political subdivision of the State is a party in the 29 |
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| 391 | + | civil action. 30 |
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| 392 | + | g. Denies, upon the court's own motion or the motion of a party, the 31 |
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| 393 | + | transfer of an action or proceeding pursuant to Rule 42(b)(4) of the 32 |
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| 394 | + | North Carolina Rules of Civil Procedure. 33 |
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| 395 | + | (4) From any other order or judgment of the superior court from which an appeal 34 |
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| 396 | + | is authorized by statute. 35 |
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| 397 | + | (5) From any final judgment in a complex family financial case of a hearing 36 |
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| 398 | + | officer as defined in G.S. 50-110(3). 37 |
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| 399 | + | (6) From any interlocutory order or judgment of a hearing officer as defined in 38 |
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| 400 | + | G.S. 50-110(3) in a complex family financial case that does any of the 39 |
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| 401 | + | following: 40 |
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| 402 | + | a. Affects a substantial right. 41 |
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| 403 | + | b. In effect determines the action and prevents a judgment from which an 42 |
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| 404 | + | appeal might be taken. 43 |
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| 405 | + | c. Discontinues the action. 44 |
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| 406 | + | d. Grants or refuses a new trial. 45 |
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| 407 | + | e. Determines a claim prosecuted under G.S. 50-19.1. 46 |
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| 408 | + | (c) through (e) Repealed by Session Laws 2013-411, s. 1, effective August 23, 2013." 47 |
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| 409 | + | SECTION 5. This act becomes effective July 1, 2025. The Chief Justice of the North 48 |
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| 410 | + | Carolina Supreme Court shall appoint the three hearing officers and designate the chief hearing 49 |
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| 411 | + | officer as provided for in Section 1 of this act by September 1, 2025. Notices of Designation can 50 |
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| 412 | + | be filed beginning January 1, 2026. 51 |
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