GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	1
SENATE BILL 718

 
 
Short Title:	Supreme Court Rule Making.	()	
Sponsors:	Senator Clodfelter.	
Referred to:	Judiciary I.	
March 28, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THE SUPREME COURT WITH AUTHORITY TO REVISE THE RULES OF CIVIL PROCEDURE AND THE RULES OF EVIDENCE, SUBJECT TO AMENDMENT OR VETO BY THE GENERAL ASSEMBLY.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A-34 reads as rewritten:
"§ 7A‑34.  Rules of practice and procedure in trial courts.
(a)	The Supreme Court is hereby authorized to prescribe rules of practice and procedure for the superior and district courts supplementary to, and not inconsistent with, acts of the General Assembly. Pursuant to the authority granted it under Article IV, Section 13 of the North Carolina Constitution, the General Assembly delegates authority to the Supreme Court to adopt and amend the rules of civil and criminal procedure and rules of evidence for the trial divisions.
Except as provided in subsection (b) of this section, each new rule or amended rule shall be published in the North Carolina Register and shall become effective on the thirty-first legislative day of the next regular session of the General Assembly that begins at least 25 days after the date of that publication, unless the Supreme Court specifies a later effective date. For purposes of this section, "legislative day" means a day on which either house of the General Assembly is in session.
(b)	The General Assembly may amend or veto any proposed new rule or amended rule. If a bill to amend or veto a new rule or amended rule is introduced in either house of the General Assembly before the thirty-first legislative day of the next regular session of the General Assembly that begins at least 25 days after the date of publication of the rule, the rule becomes effective on the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the General Assembly adjourns without ratifying a bill that amends or vetoes the new rule or amended rule. If the Supreme Court specifies a later effective date than the date that would otherwise apply under this subsection, the later date applies. For purposes of this section, the day that a session of the General Assembly "adjourns" means (i) in a regular session held in an odd-numbered year, adjournment by joint resolution for more than 10 days; and (ii) in a regular session held in an even-numbered year, adjournment sine die.
(c)	The Chief Justice may appoint advisory committees of up to eight members each to advise the Supreme Court on the adoption and amendment of the rules of civil procedure, the rules of criminal procedure, and the rules of evidence. Members of each advisory committee who are not officers or employees of the State shall receive compensation and reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5. Members of each advisory committee who are officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rate set out in G.S. 138-6. Members of each advisory committee who are legislators shall be reimbursed for subsistence and travel expenses at the rates set out in G.S. 120-3.1.
(d)	The Rules of Civil Procedure, as set forth in Chapter 1A and elsewhere in the General Statutes, the Rules of Evidence, as set forth in Chapter 8C and elsewhere in the General Statutes, and the rules of criminal procedure, as set forth in Chapter 15A and elsewhere in the General Statutes, are deemed adopted by the Supreme Court until modified by the Supreme Court pursuant to this section. Upon adoption of a new rule or amended rule, the Supreme Court shall notify the General Assembly of the need to repeal or amend the General Statutes to reflect the change."
SECTION 2.  The Judicial Department shall implement this act using funds appropriated to the Department for travel and subsistence to reimburse members of the advisory committees on the rules of civil procedure, criminal procedure, and evidence authorized by G.S. 7A-34(c). This act shall not be construed to obligate the General Assembly to make any additional appropriation to implement the provisions of this act.
SECTION 3.  This act becomes effective January 1, 2002.