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Amendments
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Plain English: 2025-2026 General Assembly
HOUSE BILL 354:
Civil Procedure/Gatekeeper Orders/Database.
2025-2026 General Assembly
HOUSE BILL 354:
Civil Procedure/Gatekeeper Orders/Database.
Committee: House Rules, Calendar, and Operations of the
House
Date: April 2, 2025
Introduced by: Reps.
Pyrtle, Miller, B.
Jones, Greene Prepared by: Brad Krehely
Staff Attorney Analysis of: Second Edition
Kara McCraw
Director
*H354-SMRN-25(e2)-v-3*
Legislative Analysis
Division
919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Bill History
2025-04-10Senate
Ref To Com On Rules and Operations of the Senate
2025-04-10Senate
Passed 1st Reading
2025-04-10Senate
Regular Message Received From House
2025-04-10House
Regular Message Sent To Senate
2025-04-09House
Ordered Engrossed
2025-04-09House
Passed 3rd Reading
2025-04-09House
Passed 2nd Reading
2025-04-09House
Amend Adopted A1
2025-04-03House
Placed On Cal For 04/09/2025
2025-04-03House
Cal Pursuant Rule 36(b)
2025-04-03House
Reptd Fav
2025-04-01House
Re-ref Com On Rules, Calendar, and Operations of the House
2025-04-01House
Reptd Fav Com Substitute
2025-03-12House
Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 354
Committee Substitute Favorable 4/1/25
Third Edition Engrossed 4/9/25
Short Title: Civil Procedure/Gatekeeper Orders/Database. (Public)
Sponsors:
Referred to:
March 12, 2025
*H354-v-3*
A BILL TO BE ENTITLED 1
AN ACT AMENDING RULE 17 OF THE NORTH CAR OLINA RULES OF CIVIL 2
PROCEDURE TO PROVIDE FOR THE ISSUANCE OF GATEKEEPER ORDERS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 1A-1, Rule 17 of the Rules of Civil Procedure, is amended by 5
adding a new subsection to read: 6
"(f) Gatekeeper Order. – A person who has been adjudicated incompetent and has been 7
prohibited from filing pleadings in court may file a pleading with the court only through the 8
person's guardian or counsel. If a person has been identified by the Administrative Office of the 9
Courts as having been so adjudicated, then the court shall strike any pleading filed by the person 10
during the person's adjudicated incompetency and not filed by the person 's guardian or counsel 11
and issue a gatekeeper order to prevent the person from executing filings in violation of this 12
subsection. A gatekeeper order entered under this subsection shall be served on the person 's 13
guardian and counsel. Nothing in this subsection shall prohibit a person who has been adjudicated 14
incompetent from filing any pleading without the assistance of that person's guardian or counsel 15
in any of the following: (i) an action against that person's guardian or counsel , (ii) an action 16
appealing the determination of being adjudicated incompetent , (iii) an action petitioning for 17
modification of guardianship, (iv) an action to restore the person's competency, and (v) an action 18
in which the person who has been adjudicated incompetent is sued. The court shall withdraw the 19
gatekeeper order and allow the person to file pleadings with a court if the person's competency 20
has been restored." 21
SECTION 2. The Administrative Office of the Courts shall develop a functional 22
database of all persons currently adjudicated as incompetent by a North Carolina court as 23
described in Section 1 of this act. The database must be updated when a person has been 24
adjudicated incompetent, when a guardianship has been mo dified, and when a person's 25
competency has been restored. The database must be readily accessible to judges and the clerks 26
of superior court. 27
SECTION 3. This act becomes effective December 1, 2025, and applies to actions 28
and proceedings brought or pending on or after that date. 29