2026 Court Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 377
Committee Substitute Favorable 3/25/25
Senate Judiciary Committee Substitute Adopted 5/20/26
Fourth Edition Engrossed 6/3/26

Short Title: 2026 Court Changes. (Public)
Sponsors:
Referred to:
March 13, 2025
*H377-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT CERT AIN MODIFICATIONS TO THE LAWS RELATED TO THE 2
NORTH CAROLINA COURT SYSTEM AND TO MAKE TECHNICAL CORRECTIONS 3
TO ESTATE PLANNING STATUTES. 4
The General Assembly of North Carolina enacts: 5
6
AMEND ADOPTION LAW TO FACILITATE E-FILING 7
SECTION 1.(a) G.S. 48-2-304 reads as rewritten: 8
"§ 48-2-304. Petition for adoption; content. 9
(a) The original petition for adoption must be signed and verified by each petitioner, and 10
the original and two exact or conformed copies petitioner and shall be filed with the clerk of 11
court. The petition shall state: 12
(1) Each petitioner's full name, current address, place of domicile if different from 13
current address, and whether each petitioner has resided or been domiciled in 14
this State for the six months immediately preceding the filing of the petition; 15
(2) The marital status and gender of each petitioner; 16
(3) The sex and, if known, the date and state or country of birth of the adoptee; 17
(4) The full name by which the adoptee is to be known if the petition is granted; 18
(5) That the petitioner desires and agrees to adopt and treat the adoptee as the 19
petitioner's lawful child; and 20
(6) If the adoptee is a minor or an adult who has been adjudicated incompetent, a 21
description and estimate of the value of any property of the adoptee. 22
…." 23
SECTION 1.(b) G.S. 48-9-102 reads as rewritten: 24
"§ 48-9-102. Records confidential and sealed. 25
(a) All records created or filed in connection with an adoption, except the decree of 26
adoption and the entry in the special proceedings index in the office of the clerk of court, and on 27
file with or in the possession of the court, an agency, the State, a county, an attorney, or other 28
provider of professional services, are confidential and may not be disclosed or used except as 29
provided in this Chapter. 30
(b) During a proceeding for adoption, records shall not be open to inspection by any 31
person except upon an order of the court finding that disclosure is necessary to protect the interest 32
of the adoptee. 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 377-Fourth Edition
(c) When a decree of adoption becomes final, all records and all indices of records, except 1
for the Special Proceedings Index, on file with the court, an agency, or this State shall be retained 2
permanently and sealed. Sealed records shall not be open to inspection by any person except as 3
otherwise provided in this Article. 4
(d) All Copies of all records filed in connection with an adoption, including a copy of the 5
petition giving the date of the filing of the original petition, the original of each consent and 6
relinquishment, additional documents filed pursuant to G.S. 48-2-305, any report to the court, 7
any additional documents submitted and orders entered, any orders of dismissal, and a copy of 8
the final decree, adoption proceeding shall be sent made available by the clerk of superior court 9
to the Division within 10 days after the appeal period for a decree of adoption has expired or 10 10
days following the final disposition of an appeal pursuant to G.S. 48-2-607(b). The petition and 11
final decree or order of dismissal shall be re tained by the clerk.For purposes of this subsection, 12
copies of the records may be made available through electronic transfer or by providing the 13
Division with electronic access within the electronic filing and case management system. 14
(d1) The Division, within 40 days after receipt of the record in subsection (d), shall conduct 15
a limited review for the sole purpose of identifying any obvious error on the report to vital records 16
that is prepared by the superior court clerk and to notify the clerk of the error . If the Division 17
notifies the superior court clerk of an error in the report to vital records, then the clerk shall 18
correct the report and return it to the Division within 10 days after receipt of the notice. 19
(e) The Division shall, subject to the review in (d1), cause the papers and reports related 20
to the proceeding to be permanently indexed and filed. 21
(f) The Division shall, within 40 days after receiving it from the court, transmit a report 22
of each adoption and any name change to the State Registrar Registrar, which may be transmitted 23
electronically, if the adoptee was born in this State. In the case of an adoptee who was not born 24
in this State, the Division shall, within 40 days after receiving it from the court, transmit the 25
report and any name change to the appropriate official responsible for issuing birth certificates 26
or their equivalent. 27
(g) In any adoption, the State Registrar may, in addition to receiving the report from the 28
Division, request a copy of the final order and any separate order of nam e change directly from 29
the clerk of court." 30
SECTION 1.(c) This section becomes effective October 1, 2026. 31
32
CLARIFY HOW A RENTER -DEFENDANT APPELLANT MAINTAINS A STAY OF 33
EXECUTION 34
SECTION 2.(a) G.S. 42-34.1 reads as rewritten: 35
"§ 42-34.1. Rent pending execution of judgment; post bond pending appeal. 36
(a) If the judgment in district court is against the defendant appellant, it is sufficient to 37
stay execution of the judgment during the 30 -day time period for taking an appeal provided for 38
in Rule 3 of the N orth Carolina Rules of Appellate Procedure if the defendant appellant posts a 39
bond as provided in G.S. 42-34(b). No additional security under G.S. 1-292 is required. If the 40
defendant appellant previously filed an undertaking after appeal of the magistrate's judgment and 41
continues to pay periodic rent required by the prior undertaking after the judgment from the 42
district court, the continued periodic payments toward this undertaking will satisfy this provision 43
and maintain the stay of execution during the 30 -day time period for taking an appeal. If the 44
defendant appellant fails to make rental payments as provided in the undertaking within five 45
business days of the day rent is due under the terms of the residential rental agreement, the clerk 46
of superior court shall, upon application of the plaintiff appellee, immediately issue a writ of 47
possession, and the sheriff shall dispossess the defendant appellant as provided in G.S. 42-36.2. 48
(a1) If the judgment in district court is against the defendant appellant and the defendant 49
appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for 50
the time the defendant appellant remains in possession of the premises after the judgment is 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 3
given. Rent shall be prorated if the judgment is executed before the day rent would become due 1
under the terms of the lease. The clerk of court shall disburse any rent in arrears paid by the 2
defendant appellant in accordance with a stipulation executed by all parties or, if there is no 3
stipulation, in accordance with the judge's order. 4
(b) If the judgment in district court is against the defendant appellant and the defendant 5
appellant appeals the judgment, it is sufficient to stay execution of the judgment if the defendant 6
appellant posts a bond as provid ed in G.S. 42-34(b). No additional security under G.S. 1-292 is 7
required. If the defendant appellant previously filed an undertaking after appeal of the 8
magistrate's judgment and continues to pay periodic rent required by the prior undertaking after 9
the judgment from the district court, the continued periodic payments toward this undertaking 10
will satisfy this provision and maintain the stay of execution during the appeal. If the defendant 11
appellant fails to perfect the appeal or the appellate court upholds the judgment of the district 12
court, the execution of the judgment shall proceed. The clerk of court shall not disburse any rent 13
in arrears paid by the defendant appellant until all appeals have been resolved." 14
SECTION 2.(b) This section is effective when it becomes law and applies to actions 15
pending and filed on or after that date. 16
17
MODIFY CERTAIN BOND REQUIREMENTS 18
SECTION 3.(a) G.S. 28A-8-2 reads as rewritten: 19
"§ 28A-8-2. Provisions of bond. 20
A bond given pursuant to this Article shall be: 21
(1) Payable to the State to the use of all persons interested in the estate; and 22
(2) Conditioned that the personal representative giving the bond shall faithfully 23
execute the trust reposed in the personal representative and obey all lawful 24
orders of the clerk of superior court or other court touching the administration 25
of the estate committed to the personal representative; and 26
(3) In an amount not less than: 27
a. One and one -fourth times the value of all personal property of the 28
decedent when the bond is secured by a sure tyship bond executed by 29
a corporate surety company authorized by the Commissioner of 30
Insurance to do business in this State, provided that the clerk of 31
superior court, when the value of the personal property to be 32
administered by the personal representativ e exceeds one hundred 33
thousand dollars ($100,000), may accept bond in an amount equal to 34
the value of the personal property plus ten percent (10%) thereof; or 35
b. Double the value of all personal property of the decedent when the 36
bond is secured by one of t he methods provided in subdivision (4)b, 37
(4)c or (4)d; such value of said personal property to be ascertained by 38
the clerk of superior court by examination, on oath, of the applicant or 39
of some other person determined by the clerk to be qualified to testify 40
as to its value; and 41
(4) Secured by one or more of the following: 42
a. Suretyship bond executed, at the expense of the estate, by a corporate 43
surety company authorized by the Commissioner of Insurance to do 44
business in this State; 45
b. Suretyship bond executed and justified upon oath before the clerk of 46
superior court by two or more sufficient personal sureties each of 47
whom shall reside in and own real estate in North Carolina and shall 48
have assets with an aggregate value above encumbrances of not less 49
than the amount of the penalty of the required bond; 50
General Assembly Of North Carolina Session 2025
Page 4 House Bill 377-Fourth Edition
c. A first mortgage or first deed of trust in form approved by the 1
administrative officer of the courts on real estate located in North 2
Carolina: 3
1. Executed by the owner, and conditioned on the performance of 4
the obligations of the bond, and 5
2. Containing a power of sale which, in the case of a mortgage, is 6
exercisable by the clerk of superior court upon a breach of any 7
condition thereof, or, in the case of a deed of trust, is 8
exercisable by the trustee after notice by the clerk of superior 9
court that a breach of condition has occurred. 10
The clerk of superior court shall not accept such mortgage or deed of 11
trust until it shall have been properly registered in the county or 12
counties in which the real estate is located, and the clerk of superior 13
court is satisfied that the real estate subject to the mortgage or deed of 14
trust is worth the amount to be secured thereby, and that the mortgage 15
or deed of trust is a first charge on said real estate. No such mortgage 16
or deed of trust shall be cancelled or surrendered until the approval of 17
the final account, unless substitution is permitted as provided in 18
G.S. 28A-8-3(d). 19
d. A deposit by the owner with the clerk of superior court of negotiable 20
securities, of a kind permit ted by law to be proper investments for 21
fiduciaries exercising due care, having a fair market value determined 22
by the clerk to be equal to the amount of the penalty of the bond. Such 23
securities shall be properly endorsed, delivered to the clerk of superior 24
court, and accompanied by a security agreement containing a power 25
of sale authorizing the clerk of superior court to sell them in the event 26
the person to whom letters are being issued commits a breach of any 27
duty imposed upon that person by law in respect of that person's office. 28
Such securities shall not be surrendered by the clerk of superior court 29
to the owner until the approval of the final account, unless substitution 30
is permitted as provided in G.S. 28A-8-3(d). For the purposes of 31
determining the val ue of the assets of the personal sureties in 32
subdivision (4)b, or the value of the real estate in subdivision (4)c, or 33
the value of the negotiable securities in subdivision (4)d, the clerk of 34
superior court may require a certificate of the value of such pr operty 35
by one or more persons not interested in the estate determined by the 36
clerk to be qualified to certify such value." 37
SECTION 3.(b) G.S. 35A-1230 reads as rewritten: 38
"§ 35A-1230. Bond required before receiving property. 39
Except as otherwise provided by G.S. 35A-1212.1 and G.S. 35A-1225(a), no general 40
guardian or guardian of the estate shall be permitted to receive the ward's property until he has 41
given sufficient surety, approved by the clerk, to account for and apply the same under the 42
direction of the court, provided that if the guardian is a nonresident of this State and the value of 43
the property received exceeds one thousand dollars ($1,000) the surety shall be a bond under 44
G.S. 35A-1231(a) executed by a duly authorized surety company, or secured b y cash in an 45
amount equal to the amount of the bond or by a mortgage executed under Chapter 109 Article 74 46
of Chapter 58 of the General Statutes on real estate located in the county, the value of which, 47
excluding all prior liens and encumbrances, shall be at least one and one-fourth times the amount 48
of the bond; and further provided that the nonresident shall appoint a resident agent to accept 49
service of process in all actions and proceedings with respect to the guardianship. The clerk shall 50
not require a guardian of the person who is a resident of North Carolina to post a bond; the clerk 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 5
may require a nonresident guardian of the person to post a bond or other security for the faithful 1
performance of the guardian's duties. As provided in G.S. 53-159 and G.S. 53-366(a)(10), no 2
bond is required of a bank or trust company licensed to do business in this State that has powers 3
or privileges granted in the charter to serve as guardian." 4
SECTION 3.(c) This section is effective when it becomes law. 5
6
MODIFY DEADLINE TO APPEAL IN CERTAIN PROPERTY CASES 7
SECTION 4.(a) G.S. 14-159.53 reads as rewritten: 8
"§ 14-159.53. Appeal. 9
An unauthorized person, property owner, or authorized representative of the property owner 10
may appeal a court order issued pursuant to G.S. 14-159.52(b) to the district court for a trial de 11
novo. Notice of appeal may be given orally in open court upon announcement or after a judgment 12
is entered. If not announced in open court, written notice of appeal must be filed in the office of 13
the clerk of super ior court within three business days after a judgment is entered. If the court 14
finds for the property owner or the authorized representative of the property owner, the court 15
shall determine the amount of the appeal bond that the unauthorized person shall be required to 16
post should the unauthorized person seek to appeal the court order. The amount of the bond shall 17
be a minimum of ten thousand dollars ($10,000), but may be set at a higher amount based on an 18
estimate of the rent that could reasonably be charged for a valid rental of the property during the 19
time the unauthorized person is prosecuting the appeal and reasonable damages that the property 20
owner may suffer, including damage to property and damages arising from the inability of the 21
property owner to reside in or rent the property during the unauthorized person's possession of 22
the property." 23
SECTION 4.(b) G.S. 42A-25 reads as rewritten: 24
"§ 42A-25. Appeal. 25
A tenant or landlord may appeal a court order issued pursuant to G.S. 42A-24(d) to district 26
court for a trial de novo. Notice of appeal may be given orally in open court upon announcement 27
or after a judgment is entered. If not announced in open court, written notice of appeal must be 28
filed in the office of the clerk of superior court within 10 days after a judgment is entered. A 29
tenant may petition the district court to stay the evictio n order and shall post a cash or secured 30
bond with the court in the amount determined by the court pursuant to G.S. 42A-24(d)." 31
SECTION 4.(c) This section is effective when it becomes law. 32
33
AMEND DEFAULT JUDGMENT PROVISION IN DIVORCE PROCEEDINGS 34
SECTION 5.(a) G.S. 50-10 reads as rewritten: 35
"§ 50-10. Material facts found by judge or jury in divorce or annulment proceedings; when 36
notice of trial not required; procedure same as ordinary civil actions. 37
(a) Except as provided for in subsection (e) of this sec tion, the material facts in every 38
complaint asking for a divorce or for an annulment shall be deemed to be denied by the defendant, 39
whether the same shall be actually denied by pleading or not, and no judgment shall be given in 40
favor of the plaintiff in any such complaint until such facts have been found by a judge or jury. 41
(b) Nothing herein shall require notice of trial to be given to a defendant who has not 42
made an appearance in the action. 43
(c) The determination of whether there is to be a jury trial or a trial before the judge 44
without a jury shall be made in accordance with G.S. 1A-1, Rules 38 and 39. 45
(d) The provisions of G.S. 1A-1, Rule 56, shall be applicable to actions for absolute 46
divorce pursuant to G.S. 50-6, for the purpose of determining whether any genuine issue of 47
material fact remains for trial by jury, but in the event the court determines that no genuine issue 48
of material fact remains for trial by jury, the court must find the facts as provided herein. The 49
court may enter a judgment of absolute divorce pursuant to the procedures set forth in G.S. 1A-1, 50
General Assembly Of North Carolina Session 2025
Page 6 House Bill 377-Fourth Edition
Rule 56, finding all requisite facts from nontestimonial evidence presented by affidavit, verified 1
motion or other verified pleading. 2
(e) The clerk of superior court, upon request of the plaintiff, may enter judgment in cases 3
in which the plaintiff's only claim against the defendant is for absolute divorce, or absolute 4
divorce and the resumption of a former name, and the defendant has been defaulted for failure 5
failed to appear, the defendant ha s answered admitting the allegations of the complaint, or the 6
defendant has filed a waiver of the right to answer, and the defendant is not an infant or 7
incompetent person." 8
SECTION 5.(b) This section is effective when it becomes law and applies to actions 9
for absolute divorce filed or pending on or after that date. 10
11
REPEAL OBSOLETE PROVISION 12
SECTION 6.(a) G.S. 7A-343.6 is repealed. 13
SECTION 6.(b) This section is effective when it becomes law. 14
15
CLARIFY ASL INTERPRETER PAYMENTS 16
SECTION 7.(a) G.S. 8B-8(a) reads as rewritten: 17
"(a) An interpreter appointed under this Chapter is entitled to a reasonable fee for services, 18
including waiting time, time reserved by the courts for the assignment, and re imbursement for 19
necessary travel and subsistence expenses. The fee shall be fixed by the appointing authority who 20
shall consider any fee schedule for interpreters established by the Department of Health and 21
Human Services. Services, except that the Directo r of the Administrative Office of the Courts 22
shall fix the fee for interpreters appointed to interpret proceedings in the General Court of Justice. 23
Reimbursement for necessary travel and subsistence expenses shall be at rates provided by law 24
for State employees generally." 25
SECTION 7.(b) This section becomes effective October 1, 2026. 26
27
CLARIFY CERTAIN FILINGS 28
SECTION 8.(a) G.S. 7A-98(a) reads as rewritten: 29
"(a) Any matter required or permitted to be supported, evidenced, established, or proved 30
in writing under oath or affirmation may, if filed electronically pursuant to rules promulgated by 31
the Supreme Court under G.S. 7A-49.5, in the General Court of Justice with like force and effect 32
be supported, evidenced, established, or proved by an unsworn declaration in writing, subscribed 33
by the declarant and dated, that the statement is true under penalty of perjury." 34
SECTION 8.(b) G.S. 8C-1, Rule 803(6) reads as rewritten: 35
"(6) Records of Regularly Conducted Activity. – A memorandum, report, record, 36
or data compilation, in any form, of acts, events, conditions, opinions, or 37
diagnoses, made at or near the time by, or from information transmitted by, a 38
person with knowledge, if (i) kept in the course of a regularly conducted 39
business activity and (ii) it was the regular practice of that business activity to 40
make the memorandum, report, record, or data compilation, all as shown by 41
the testimony of the custodian or other qualified witness, by affidavit or by 42
document under seal under Rule 902 of the Rules of Evidence made by the 43
custodian or witness, or by a certification that complies with 28 U.S.C. § 1746 44
or G.S. 7A-98 made by the custodian or witness, unless the source of 45
information or the method or circumstances of preparation indicate lack of 46
trustworthiness. Authentication of evidence by affidavit shall be confined to 47
the records of nonparties, and the proponent of that evidence shall give 48
advance notice to all other parties of intent to offer the evidence with 49
authentication by affidavit. The term "busi ness" as used in this paragraph 50
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 7
includes business, institution, association, profession, occupation, and calling 1
of every kind, whether or not conducted for profit." 2
SECTION 8.(c) This section becomes effective October 1, 2026. 3
4
ALLOW IDS ATTORNEYS ELECTRONIC ACCESS TO FILES 5
SECTION 9.(a) G.S. 7A-452(e) reads as rewritten: 6
"(e) In cases in which an indigent person has entered notice of appeal and appellate 7
counsel has been appointed by the Office of Indigent Defense Services, the clerk of superior 8
court shall make a copy of the complete trial division file in the case, case available to the 9
appointed attorney which may be made available by electronic access within the electronic filing 10
and case management system and make a copy of documentary exhibits and digital storage media 11
containing exhibits upon request, and furnish those files and any requested documentary exhibits 12
to the appointed attorney. request and furnish the requested documentary exhibits and digital 13
storage media containing exhibits to the appointed attorney." 14
SECTION 9.(b) This section becomes effective October 1, 2026. 15
16
MODIFY SAFEKEEPING STATUTE RELATED TO WILLS 17
SECTION 10.(a) G.S. 31-11 reads as rewritten: 18
"§ 31-11. Depositories in offices of clerks of superior court where living persons may file 19
deposit wills. 20
(a) The clerk of the superior court in each county of North Carolina is required to keep a 21
receptacle or depository in which any testator who desires to do so may deposit that testator's 22
original paper will for safekeeping. The clerk is only authorized to rece ive the will from the 23
testator, or an a testator's agent under a valid power of attorney , or an attorney for the testator. 24
Once a testator has died, the clerk is not authorized to receive the will for the clerk's receptacle 25
or depository from any agent or attorney for the testator. 26
(b) The clerk shall, upon written request of the testator, or the duly authorized a testator's 27
agent under a valid power of attorney, or an attorney for the testator, permit said will or testament 28
to be withdrawn from said depository or receptacle at any time prior to the death of the testator. 29
(c) While in the clerk's receptacle or depository, the contents of said will shall not be 30
made public or open to the inspection of anyone other than the testator or the testator's duly 31
authorized agent or attorney testator, a testator's agent under a valid power of attorney , or an 32
attorney for the testator until the testator has died. Once the clerk has received proof of the 33
testator's death, the clerk is authorized to allow the will to be made open to the inspection of any 34
person interested in the testator's estate. The will shall remain in the clerk's receptacle or 35
depository until the will is offered for probate.probate or filed with the clerk without probate. 36
(d) The clerk is required to retain the original paper will until withdrawn, probated or 37
filed in the deceased testator's estate file, or once 60 years have passed since the will was 38
originally deposited with the clerk. If after 60 years the will ha s not been withdrawn or filed in 39
the deceased testator's estate file, the clerk is authorized to comply with records retention rules 40
for deposited wills set by the Director of the Administrative Office of the Courts." 41
SECTION 10.(b) This section becomes effective October 1, 2026. 42
43
CLARIFY THE USE OF SUMMONSES IN CAVEAT PROCEEDINGS 44
SECTION 12.(a) G.S. 31-33(a) reads as rewritten: 45
"(a) Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for 46
trial by jury. The caveat shall be served upon all interested parties in accordance with in a manner 47
prescribed by G.S. 1A-1, Rule 4 of the Rules of Civil Procedure.Procedure, without issuance of 48
a summons." 49
SECTION 12.(b) This section becomes effective October 1, 2026. 50
51
General Assembly Of North Carolina Session 2025
Page 8 House Bill 377-Fourth Edition
UPDATE SAFE BABIES COURT LANGUAGE TO ALLOW CHILDREN UP TO AGE 5 1
TO PARTICIPATE 2
SECTION 13.(a) G.S. 7B-536(a)(7) reads as rewritten: 3
"(7) Safe babies court. – The innovative court program implementing a community 4
engagement and systems change initiative focused on improving how the 5
courts, department of social services, and related child -serving organizations 6
work together to improve and expedite servi ces for young families with at 7
least one child who is no more than 3 5 years of age involved in juvenile 8
actions alleging abuse, neglect, or dependency." 9
SECTION 13.(b) This section becomes effective October 1, 2026. 10
11
CLARIFY JURY COMMISSION APPOINTMENTS 12
SECTION 14.(a) G.S. 9-1 reads as rewritten: 13
"§ 9-1. Jury commission in each county; membership; selection; oath; terms; expenses of 14
jury system. 15
Not later than July 1, 1967, there shall be appointed in each county a jury commission of 16
three members. One member of the commission shall be appointed by the senior regular resident 17
superior court judge, one member by the clerk of superior court, and one member by the board 18
of county commissioners. The appointees shall be qualified voters of the county, and shall serve 19
for terms of two years. Appointees may be reappointed to successive terms. If an appointment is 20
not made by September 1, the incumbent shall serve for an additional two-year term. A vacancy 21
in the commission shall be filled in the same manner as t he original appointment, for the 22
unexpired term. Each commissioner shall take an oath or affirmation that, without favor or 23
prejudice, he will honestly perform the duties of a member of the jury commission during his 24
term of service. The compensation of co mmissioners shall be fixed by the board of county 25
commissioners, and shall be paid from the general fund of the county. All expenses necessary to 26
carry out the provisions of this Chapter and to administer the jury system, including all data 27
processing, doc ument processing, supplies, postage, and other similar expenses, except as 28
otherwise provided in this Chapter, shall be paid from the general fund of the county, except that 29
the clerk of superior court shall furnish clerical or other personnel assistance, as the commission 30
may reasonably require." 31
SECTION 14.(b) G.S. 9-2(a) reads as rewritten: 32
"(a) It shall be the duty of the jury commission during every odd-numbered year to prepare 33
a master list of prospective jurors qualified under this Chapter to serve in the biennium beginning 34
on January 1 of the next year. Instead of providing a master list for an entire biennium, the 35
commission may prepare a master list each year if the senior regular resident superior court judge 36
requests in writing that it do so. In either event, the master list shall be completed no later than 37
November 15." 38
SECTION 14.(c) G.S. 20-43.4(a) reads as rewritten: 39
"(a) The Commissioner of Motor Vehicles shall provide to each county jury commission 40
an alphabetical list of all persons that the Commissioner has determined are residents of the 41
county, who will be 18 years of age or older as of the first day of January of the following year, 42
and licensed to drive a motor vehicle as of July 1 of each odd-numbered year, provided that if an 43
annual master jury list is being prepared under G.S. 9-2(a), the list to be provided to the county 44
jury commission shall be updated and provided annually. This list shall be provided no later than 45
September 1." 46
SECTION 14.(d) This section is effective when it becomes law. 47
48
CLARIFY THE APPLICATION OF LIMITATIONS ON COMPENSATIONS FOR 49
SERVICES RELATED TO VETERANS' BENEFITS MATTERS 50
SECTION 14.1.(a) G.S. 143B-1278(e) reads as rewritten: 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 9
"(e) Exclusions. – Nothing in this section shall apply to attorneys who are licensed to 1
practice in the State of North Carolina. In addition, nothing in this section shall be construed to 2
apply to, limit, or expand the requirements imposed on agents, attorneys, or other representatives 3
accredited and regulated by the United States Department of Veterans Affairs or the North 4
Carolina Department of Military and Veterans Affairs." 5
SECTION 14.1.(b) This section is effective when it becomes law. 6
7
MAKE CERTAIN CHANGES RELATED TO JUVENILE COURT RECORDS 8
SECTION 15.(a) G.S. 7B-2901(a) reads as rewritten: 9
"(a) The clerk shall maintain a complete record of all juvenile cases filed in the clerk's 10
office alleging abuse, neglect, or dependency. The records shall be withheld from public 11
inspection and, except as provided in this subsection, m ay be examined only by order of the 12
court. Nothing in this section shall be interpreted or construed to prevent the presiding district 13
court judge or designated judicial court staff from inspecting confidential juvenile court records 14
for purposes of discha rging any obligation under this Chapter. The record shall include the 15
summons, petition, custody order, court order, written motions, the electronic or mechanical 16
recording of the hearing, and other papers filed in the proceeding. The recording of the hear ing 17
shall be reduced to a written transcript only when notice of appeal has been timely given. given 18
and shall be copied electronically or mechanically, only by order of the court. After the time for 19
appeal has expired with no appeal having been filed, the recording of the hearing may be erased 20
or destroyed upon the written order of the court or in accordance with a retention schedule 21
approved by the Director of the Administrative Office of the Courts and the Department of 22
Natural and Cultural Resources under G.S. 121-5(c). 23
The following persons may examine the juvenile's record maintained pursuant to this 24
subsection and obtain copies of written parts of the record without an order of the court: 25
(1) The person named in the petition as the juvenile; 26
(2) The guardian ad litem; 27
(3) The county department of social services; and 28
(4) The juvenile's parent, guardian, or custodian, or the attorney for the juvenile 29
or the juvenile's parent, guardian, or custodian. 30
Persons not authorized to examine the juvenile 's court record without a court order and 31
seeking information contained in a juvenile court file or court record may file a written motion 32
in the c ause setting out why the information is needed. The movant shall not be considered a 33
party to the action solely by vi rtue of filing a motion under this section or participating in 34
proceedings on the motion. A district court judge, after providing the parties to the juvenile 35
proceeding for which the records are sought with reasonable notice and an opportunity to be 36
heard, may issue an order to disclose information in the juvenile court record upon finding that 37
the order is appropriate under the circumstances and in the best interest of the juvenile that is the 38
subject of the juvenile proceeding for which the records are sought. This subsection shall not be 39
construed to relieve any court of its duty to conduct hearings and make findings that may be 40
required for the release of certain information in the juvenile court record under any applicable 41
State or federal law, to include 42 C.F.R. Part 2." 42
SECTION 15.(b) G.S. 7B-3506 reads as rewritten: 43
"§ 7B-3506. Costs of court.court and confidentiality of court records. 44
The court may tax the costs of the proceeding to any party or may, for good cause, order the 45
costs remitted. 46
The clerk may collect costs for furnishing to the petitioner a certificate of emancipation which 47
shall recite the name of the petitioner and the fact of the petitioner's emancipation by court decree 48
and shall have the seal of the clerk affixed thereon. Court r ecords made in all proceedings 49
pursuant to this Article are confidential and are not open to public inspection, except the 50
certificate of emancipation shall not be confidential. The petitioner, petitioner 's attorney, an 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 377-Fourth Edition
appointed guardian ad litem, petitio ner's parent, guardian, or custodian, and attorney of the 1
petitioner's parent, guardian, or custodian, may examine and obtain copies of the written parts of 2
the court record without an order of the court." 3
SECTION 15.(c) This section is effective when it becomes law. 4
5
CHANGE EFFECTIVE DATE FOR JUDICIAL ACCESS TO EXPUNCTION RECORDS 6
SECTION 17.(a) Notwithstanding Section 2 of S.L. 2017-195, G.S. 15A-151(a)(1) 7
applies to all petitions granted under Article 5 of Chapter 15A of th e General Statutes that are 8
maintained by the Administrative Office of the Courts. 9
SECTION 17.(b) This section is effective when it becomes law. 10
11
CHANGE "EXECUTIVE SECRETARY" TO "EXECUTIVE DIRECTOR" IN 12
CONFERENCE STATUTE 13
SECTION 18.(a) G.S. 7A-808 reads as rewritten: 14
"§ 7A-808. Executive secretary; director; clerical support. 15
The Conference may employ an executive secretary director and any necessary supporting 16
staff to assist it in carrying out its duties." 17
SECTION 18.(b) This section is effective when it becomes law. 18
19
CLARIFY APPEAL FILING LANGUAGE 20
SECTION 19.(a) G.S. 163-127.6(b) reads as rewritten: 21
"(b) Appeals from Statewide Panel. – The decision of a panel created under 22
G.S. 163-127.3(3) may be appealed as of right to the Court of Appeals by any of the following: 23
(1) The challenger. 24
(2) A candidate adversely affected by the panel's decision. 25
Appeal must be taken within two business days after the panel files the written decision. The 26
written appeal must be delivered electronically filed, delivered, or deposited in the mail to the 27
Court of Appeals as provided by the rules of appellate procedure by the end of the second 28
business day after the written decision was filed by the panel." 29
SECTION 19.(b) This section becomes effective October 1, 2026. 30
31
MODIFY LAW RELATED TO FRIVOLOUS LAWSUITS 32
SECTION 20.(a) G.S. 1-110 reads as rewritten: 33
"§ 1-110. Suit as an indigent; counsel; suits filed pro se by prison inmates. 34
(a) Subject to the provisions of subsection subsections (b) and (c) of this section with 35
respect to prison inmates, section, any superior or district court judge or clerk of the superior 36
court may authorize a person to sue as an indigent in their respective courts when the person 37
makes affidavit that he or she is unable to advance the required court costs. The clerk of superior 38
court shall authorize a person to sue as an indigent if the person makes the required affidavit and 39
meets one or more of the following criteria: 40
(1) Receives electronic food and nutrition benefits. 41
(2) Receives Work First Family Assistance. 42
(3) Receives Supplemental Security Income (SSI). 43
(4) Is represented by a legal services organization that has as its primary purpose 44
the furnishing of legal services to indigent persons. 45
(5) Is represented by private counsel working on the behalf of or under the 46
auspices of a legal services organization under subdivision (4) of this section. 47
(6) Repealed by Session Laws 2002-126, s. 29A.6(d), effective October 1, 2002. 48
A superior or district court judge or clerk of superior court may authorize a person who does 49
not meet one or more of these criteria to sue as an indigent if the person is unable to advance the 50
required court costs. The court to which the summons is returnable may dismiss the case and 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 11
charge th e court costs to the person suing as an indigent if the allegations contained in the 1
affidavit are determined to be untrue or if the court is satisfied that the action is frivolous or 2
malicious. 3
(b) Whenever a motion to proceed as an indigent is filed pro se by an inmate in the 4
custody of the Division of Prisons of the Department of Adult Correction, Correction or any 5
sheriff in North Carolina, the motion to proceed as an indigent and the proposed complaint shall 6
be presented to any superior court judge of the judicial district. This judge shall determine 7
whether the complaint is frivolous. In the discretion of the court, a frivolous case may be 8
dismissed by order. The court shall dismiss the action if it meets any of the following criteria: 9
(1) Is frivolous or malicious. 10
(2) Fails to state a claim on which relief may be granted. 11
(3) Seeks relief against a defendant who is immune from such relief. 12
The proceeding is automatically stayed until the judge rules on the motion to proceed as 13
indigent. The clerk of superior court shall serve a copy of the order of dismissal upon the prison 14
inmate. If the judge determines that the inmate may proceed as an indigent, the clerk of superior 15
court shall issue service of process nunc pro tunc to the date of filing upon the defendant. 16
(c) Whenever a motion to proceed as an indigent is filed pro se by any person or entity 17
and the complaint is brought against a federal, State, or local government entity, or government 18
employee in their official capacity, or government employee in their individual capacity but 19
based on the employee's work for the government, the motion to proceed as an indigent and the 20
complaint shall be presented to any superior court judge of the judicial district. This judge shall 21
determine whether the complaint is frivolous. The court shall dismiss the action if it meets any 22
of the following criteria: 23
(1) Is frivolous or malicious. 24
(2) Fails to state a claim on which relief may be granted. 25
(3) Seeks relief against a defendant who is immune from such relief. 26
The proceeding is automatically stayed until the judge rules on the motion to proceed as 27
indigent. The clerk of superior court shall serve a copy of the order of dismissal upon the pro se 28
filer. If the judge determines that the pro se may proceed as an indigent, the clerk of superior 29
court shall issue service of process nunc pro tunc to the date of filing upon the defendant." 30
SECTION 20.(b) G.S. 7A-305(c) reads as rewritten: 31
"(c) The clerk of superior court, at the time of the filing of the papers initiating the action 32
or the appeal, shall collect as advance court costs, the facilities fee, General Court of Justice fee, 33
and the divorce fee imposed under subsection (a2) of this section, except in suits by an indigent. 34
The clerk shall also collect the fee for discovery procedures under Rule 27(a) and (b) at the time 35
of the filing of the verified petition. The clerk may reject a filing that initiates an action that is 36
not accompanied by these fees unless the filing is accompanied by a motion to proceed as indigent 37
or the filing is made by a county or municipality that pays costs in accordance with G.S. 7A-317." 38
SECTION 20.(c) G.S. 7A-306(b) reads as rewritten: 39
"(b) The facilities fee and thirty dollars ($30.00) of the General Court of Justice fee are 40
payable at the time the proceeding is initiated. The clerk may reject a filing that is not 41
accompanied by the fees set forth in subsection (a) of this section unless the filing is accompanied 42
by a motion to proceed as indigent or the filing is made by a county or municipality that pays 43
costs in accordance with G.S. 7A-317." 44
SECTION 20.(d) G.S. 7A-307(a) reads as rewritten: 45
"(a) In the administration of the es tates of decedents, minors, incompetents, of missing 46
persons, in the administration of trusts under wills and under powers of attorney, in trust 47
proceedings under G.S. 36C-2-203, in estate proceedings under G.S. 28A-2-4, in power of 48
attorney proceedings un der G.S. 32C-1-116(a), and in collections of personal property by 49
affidavit, the following costs shall be assessed: 50
… 51
General Assembly Of North Carolina Session 2025
Page 12 House Bill 377-Fourth Edition
(2e) For filings where the clerk is required to assess the fee in G.S. 7A-307(a)(1), 1
the fee in G.S. 7A-307(a)(1a), and the one hundred six dollar ($106.00) fee in 2
G.S. 7A-307(a)(2), the clerk may reject a filing that is not accompanied by 3
these fees, unless the filing is accompanied by a motion to proceed as indigent 4
when indigency is applicable or the filing is made by a county or municipality 5
that pays costs in accordance with G.S. 7A-317. A public administrator or 6
public guardian may delay payment of the required fees described herein until 7
filing the inventory or first accounting. A motion to proceed as indigent 8
pursuant to G.S. 1-110 does not apply to the administration of the estates of 9
decedents, minors, incompetents, or missing persons in the administration of 10
trusts under wills and under powers of attorney. 11
…." 12
SECTION 20.(e) G.S. 7A-308 is amended by adding a new subsection to read: 13
"(d) The clerk may reject a filing that is not accompanied by the fees required in this 14
section unless the filing is made by a county or municipality that pays costs in accordance with 15
G.S. 7A-317." 16
SECTION 20.(f) This section becomes effective October 1, 2026. 17
18
MODIFY ROTATION OF SUPERIOR COURT JUDGES 19
SECTION 21.(a) G.S. 7A-47.3 is amended by adding a new subsection to read: 20
"(a1) In making assignment of the judges of the superior court for a district consisting of at 21
least one county with a population over 1,000,000 according to the most recent federal decennial 22
census, the Chief Justice of the Supreme Court shall include superior court judges from (i) other 23
districts in that same judicial division and (ii) districts from any judicial division adjacent to the 24
district consisting of at least one county with a population over 1,000,000. A superior court judge 25
from a district in an adjacent judicial division may only be assigned under the authorization set 26
forth in this subsection one six-month term every five years, except by consent of the judge. The 27
purpose of this subsection is to more evenly spread the burden placed on smaller judicial districts 28
from having judges who were elected for those districts holding court mostly in other judicial 29
districts consisting of larger counties." 30
SECTION 21.(b) This section is effective when it becomes law and applies to 31
rotations on or after that date. 32
33
PERMIT LOCAL SUPPLEMENTATION FOR MAGISTRATE PAY 34
SECTION 22.(a) G.S. 7A-300.1 reads as rewritten: 35
"§ 7A-300.1. Local supplementation of salaries for certain officers and employees. 36
(a) In order to attract and retain the best qualified officers and employees for positions in 37
the Judicial Branch of government, the Adm inistrative Office of the Courts may contract with 38
the governing body of a city or county for the provision of local funds to supplement the salaries 39
of Judicial Department employees, other than elected officials and magistrates, officials, who 40
serve the superior court district, district court district, or prosecutorial district containing that unit 41
of local government. Any employee who receives salary supplementation under this section shall 42
be notified before receiving it that the supplementation is subject to the availability of local funds, 43
may be discontinued at any time, and is not "compensation" for purposes of the Teachers' and 44
State Employees' Retirement System or the Consolidated Judicial Retirement System. 45
…." 46
SECTION 22.(b) This section is effective when it becomes law. 47
48
CLARIFY DISTINCTION BETWEEN COSTS AND EXPENSES AWARDED 49
SECTION 25.(a) G.S. 6-20 reads as rewritten: 50
"§ 6-20. Costs allowed or not, in discretion of court. 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 13
In actions where allowance of costs is not otherwise provided by the General Statutes, costs 1
may be allowed in the discretion of the court. Costs Expenses awarded by the court are subject 2
to the limitations on assessable or recoverable costs expenses set forth in G.S. 7A-305(d), unless 3
specifically provided for otherwise in the General Statutes." 4
SECTION 25.(b) G.S. 7A-305 reads as rewritten: 5
"§ 7A-305. Costs in civil actions. 6
(a) In every civil action in the superior or district court, except for actions brought under 7
Chapter 50B of the General Statutes, the following shall be assessed:assessed and are 8
recoverable: 9
(1) For the use of the courtroom and related judicial facilities, the sum of twelve 10
dollars ($12.00) in cases heard before a magistrate, and t he sum of sixteen 11
dollars ($16.00) in district and superior court, to be remitted to the county in 12
which the judgment is rendered, except that in all cases in which the judgment 13
is rendered in facilities provided by a municipality, the facilities fee shall be 14
paid to the municipality. Funds derived from the facilities fees shall be used 15
in the same manner, for the same purposes, and subject to the same 16
restrictions, as facilities fees assessed in criminal actions. 17
… 18
(a5) In every civil action in the superio r or district court wherein a party files a pleading 19
containing one or more counterclaims, third -party complaints, or cross -claims, except for 20
counterclaim and cross -claim actions brought under Chapter 50B of the General Statutes for 21
which costs are assess ed pursuant to subsection (a1) of this section, the following shall be 22
assessed:assessed and are recoverable: 23
(1) For the use of the courtroom and related judicial facilities, the sum of twelve 24
dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen 25
dollars ($16.00) in district and superior court, to be remitted to the 26
municipality providing the facilities in which the judgment is rendered. If a 27
municipality does not provide the facilities in which the judgment is rendered, 28
the sum is t o be remitted to the county in which the judgment is rendered. 29
Funds derived from the facilities' fees shall be used in the same manner, for 30
the same purposes, and subject to the same restrictions as facilities' fees 31
assessed in criminal actions. 32
… 33
(f) For the support of the General Court of Justice, the sum of twenty dollars ($20.00) 34
shall accompany any filing of a notice of hearing on a motion not listed in G.S. 7A-308 that is 35
filed with the clerk. clerk, and this cost is recoverable. No costs shall be as sessed to a notice of 36
hearing on a motion containing as a sole claim for relief the taxing of costs, including attorneys' 37
fees, to a motion filed pursuant to G.S. 1C-1602 or G.S. 1C-1603, or to a motion filed by a child 38
support enforcement agency established pursuant to Part D of Title IV of the Social Security Act. 39
No more than one fee shall be assessed for any motion for which a notice of hearing is filed, 40
regardless of whether the hearing is continued, rescheduled, or otherwise delayed." 41
SECTION 25.(c) This section is effective when it becomes law, and applies to 42
actions pending or filed on or after that date. This section applies to judgments entered and 43
docketed before the effective date for which costs have been docketed. 44
45
AOC AND IDS REPORTS AND RECOMMENDATIONS 46
SECTION 26.(a) No later than March 1, 2027, the Administrative Office of the 47
Courts, in consultation with the Office of Indigent Defense Services, shall report on processes to 48
enforce correction of errors in global party records in Enterprise Justice and update records of 49
civil judgments owed to the State of North Carolina. 50
General Assembly Of North Carolina Session 2025
Page 14 House Bill 377-Fourth Edition
SECTION 26.(b) No later than March 1, 2027, the Administrative Office of the 1
Courts, in consultation with the Office of Indigent Defense Services, shall identify any potential 2
legislative changes that would facilitate speedy correction of erroneous court records and to 3
enforce requirement of judicial finding of indigency prior to appointment of counsel. 4
SECTION 26.(c) The Office of Indigent Defense Services (IDS) shall (i) study the 5
location of duty stations for employees of the Office of Capital Defender, (ii) review utilization 6
of all leased office space by all IDS employees with a duty station in Durham, North Carolina, 7
and (iii) report to the General Assembly no later th an March 1, 2027, on any cost -savings that 8
might be attained by reducing footprint of leased office space. 9
SECTION 26.(d) This section is effective when it becomes law. 10
11
TECHNICAL CORRECTIONS TO THE ESTATE PLANNING STATUTES 12
SECTION 27.1.(a) G.S. 30-3.4 reads as rewritten: 13
"§ 30-3.4. Procedure for determining the elective share. 14
… 15
(e1) Procedure. – The verified petition shall be filed by the clerk upon payment of the costs 16
assessed in G.S. 7A-307. An elective share proceeding shall be an estate proceeding and shall be 17
conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes, 18
except as modified or supplemented by the following: 19
(1) Upon the filing of the verified petition, the petition shall be served upon the 20
personal representative in accordance with G.S. 1A-1, Rule 4 of the Rules of 21
Civil Procedure, without issuance of a summons. The petition shall also be 22
served on all responsible persons as those persons become known to the 23
petitioner in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil 24
Procedure, without issuance of a summons. The failure to serve the petition 25
for elective share on the personal representative or any other person within the 26
six-month period described in subsection (b) of this section shall not render 27
the claim for elective share as being untimely filed. 28
(2) After service under subdivision (1) of this subsection, the petitioner, the 29
personal representative, or any other party may cause notice of a hearing 30
before the clerk to be served upon all p arties in accordance with G.S. 1A-1, 31
Rule 5 of the Rules of Civil Procedure. At the hearing, the clerk may set 32
deadlines as to the gathering and sharing of information concerning total net 33
assets and may determine any other relevant procedural matters. The petition 34
shall also be served on all responsible persons as such persons become known 35
to the petitioner in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil 36
Procedure, with issuance of a summons. The summons and the claims in the 37
petition shall relate back to the date of the filing of the petition. The 38
requirement that a summons be issued within five days of the filing of the 39
petition as set forth in G.S. 1A-1, Rule 4(a) of the Rules of Civil Proce dure, 40
shall not apply. 41
(3) Within 30 days following the entry of an order resulting from the hearing 42
described in subdivision (2) of this subsection, any party who was present at 43
the hearing may file a responsive pleading to the petition; provided, however, 44
that failure to respond to any averment or claim in the petition shall not be 45
deemed an admission of that averment or claim. An extension of time to file 46
a responsive pleading to the petition may be granted as provided by G.S. 1A-1, 47
Rule 6 of the Rules o f Civil Procedure. The failure to serve the petition for 48
elective share on the personal representative or any other person within the 49
six-month period of limitations set forth in subsection (b) of this section shall 50
not render the claim for elective share as being untimely filed. 51
General Assembly Of North Carolina Session 2025
House Bill 377-Fourth Edition Page 15
(4) After service under sub division (1) of this subsection, the petitioner, the 1
personal representative, or any other party may cause notice of a hearing 2
before the clerk to be served upon all parties in accordance with G.S. 1A-1, 3
Rule 5 of the Rules of Civil Procedure. At the hearing, the clerk may set 4
deadlines as to the gathering and sharing of information concerning total net 5
assets and determine any other relevant procedural matters. 6
(5) Within 30 days following the entry of an order resulting from the hearing, any 7
party who was present at the hearing may file a responsive pleading to the 8
elective share petition, provided, however, that failure to respond to any 9
averment or claim of the elective share petition shall not be de emed an 10
admission of that averment or claim. An extension of time to file a responsive 11
pleading to the petition may be granted as provided by G.S. 1A-1, Rule 6 of 12
the Rules of Civil Procedure. 13
…." 14
SECTION 27.1.(b) This section is effective when it becomes law and applies to 15
claims for elective share filed on or after that date. 16
SECTION 27.2.(a) G.S. 30-15(f) reads as rewritten: 17
"(f) A proceeding for a spouse's allowance shall be an estate proceeding governed by the 18
provisions of Article 2 of Chapter 28 28A of the General Statutes." 19
SECTION 27.2.(b) This section is effective when it becomes law and applies to 20
petitions filed on or after that date. 21
SECTION 27.3.(a) G.S. 30-17(e) reads as rewritten: 22
"(e) A proceeding for a child's allowance shall be an es tate proceeding governed by the 23
provisions of Article 2 of Chapter 28 28A of the General Statutes." 24
SECTION 27.3.(b) This section is effective when it becomes law and applies to 25
petitions filed on or after that date. 26
SECTION 27.4.(a) G.S. 36C-6-606 reads as rewritten: 27
"§ 36C-6-606. Revocation of provisions in revocable trust by divorce or annulment; revival. 28
… 29
(b) This section shall not apply to a revocable trust if any of the following occur: 30
(1) The settlor executes a subsequent valid amendment to the revocable trust, 31
trust, which makes express reference to the revocable trust, such as by date of 32
the revocable trust, and which modifies the revocable trust. 33
(2) The settlor remarries the former spouse prior to the settlor's death, unless the 34
remarriage is subsequently dissolved by absolute divorce or annulment. 35
(c) As used in this section, the term "former spouse" includes a purported former spouse." 36
SECTION 27.4.(b) This section is effective when it becomes law. 37
38
EFFECTIVE DATE 39
SECTION 28. Except as otherwise provided, this act is effective when it becomes 40
law. 41