reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 51 - False Claims Act. › § 1-608 - Civil actions for false claims.

§ 1-608. Civil actions for false claims.
(a) Responsibilities of the Attorney General. – The Attorney General diligently shall investigate a violation under G.S. 1-607. If the Attorney General finds that a person has violated or is violating G.S. 1-607, the Attorney General may bring a civil action under this section against that person.
(b) Actions by Private Persons. – A person may bring a civil action for a violation of G.S. 1-607 for the person and for the State, as follows:
(1) The action shall be brought in the name of the State, and the person bringing the action shall be referred to as the qui tam plaintiff. The action may be dismissed only if the court and Attorney General have given written consent to the dismissal and the reasons for consenting.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General pursuant to applicable rules of the North Carolina Rules of Civil Procedure. The complaint shall be filed in camera, shall remain under seal for at least 120 days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within 120 days after it receives both the complaint and the material evidence and information.
(3) The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subdivision (2) of this subsection. Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 30 days after the complaint is unsealed and served upon the defendant pursuant to the North Carolina Rules of Civil Procedure.
(4) Before the expiration of the 120-day period or any extensions obtained under subdivision (3) of this subsection, the State shall:
a. Proceed with the action, in which case the action shall be conducted by the State; or
b. Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.
(5) Repealed by Session Laws 2018-41, s. 3, effective June 22, 2018, and applicable to actions brought on or after that date.
When a person brings an action under this subsection, no person other than the State may intervene or bring a related action based on the facts underlying the pending action.
(c) The Attorney General may retain a portion of the damages recovered for a State agency out of the proceeds of the action or settlement under this Article as reimbursement for costs incurred by the Attorney General in investigating and bringing a civil action under this Article, including reasonable attorneys' fees and investigative costs. Retained funds shall be used by the Attorney General to carry out the provisions of this Article. (2009-554, s. 1; 2010-96, s. 25(a); 2018-41, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 51 - False Claims Act. › § 1-611 - Certain actions barred.

§ 1-611. Certain actions barred.
(a) No court shall have jurisdiction over an action brought under G.S. 1-608(b) against a member of the General Assembly, a member of the judiciary, or a senior executive branch official acting in their official capacity if the action is based on evidence or information known to the State when the action was brought.
(b) In no event may a person bring an action under G.S. 1-608(b) that is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.
(c), (d) Repealed by Session Laws 2018-41, s. 5, effective June 22, 2018, and applicable to actions brought on or after that date.
(e) Unless opposed by the State, the court shall dismiss an action or claim under this Article if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed by any of the following:
(1) A State criminal, civil, or administrative hearing in which the State or its agent is a party.
(2) A State legislative, Office of the State Auditor, or other State report, hearing, audit, or investigation.
(3) The news media.
This subsection shall not apply to any action brought by the Attorney General or when the person bringing the action is an original source of the information.
(f) For the purposes of this section, the term "original source" means an individual who meets one of the following descriptions:
(1) Prior to public disclosure under subsection (e) of this section, the individual has voluntarily disclosed to the State the information on which allegations or transactions in a claim are based.
(2) The individual (i) has knowledge that is independent of, and materially adds to, the publicly disclosed allegations or transactions and (ii) has voluntarily provided the information to the State before filing an action under this Article. (2009-554, s. 1; 2010-96, s. 25(b); 2018-41, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 51 - False Claims Act. › § 1-613 - Private action for retaliation action.

§ 1-613. Private action for retaliation action.
Any employee, contractor, or agent who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this Article or other efforts to stop one or more violations of G.S. 1-607 shall be entitled to all relief necessary to make the employee, contractor, or agent whole. Such relief shall include reinstatement with the same seniority status the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action may be brought in North Carolina superior court for the relief provided in this section. A civil action under this section may not be brought more than three years after the date when the retaliation occurred. (2009-554, s. 1; 2018-41, s. 6.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 51 - False Claims Act. › § 1-616 - Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history.

§ 1-616. Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history.
(a) Remedies Under Other Laws. – The provisions of this Article are not exclusive, and the remedies provided for in this Article shall be in addition to any other remedies provided for in any other law or available under common law. No criminal or administrative action need be brought against any person as a condition for establishing civil liability under this section.
(b) If any provision of this Article or the application of this Article to any person or circumstance is held to be unconstitutional, the remainder of this Article and the application of the provision to other persons or circumstances shall not be affected by that holding.
(c) This Article shall be interpreted and construed so as to be consistent with the federal False Claims Act, 31 U.S.C. § 3729, et seq., and any subsequent amendments to that act. (2009-554, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 51 - False Claims Act. › § 1-617 - Reporting.

§ 1-617. Reporting.
(a) In reporting on the terms and disbursements set forth in any settlement agreement or final order or judgment in a case filed under this Article as required by G.S. 114-2.5, the report shall include the percentage of the proceeds and the amount paid to any qui tam plaintiff under G.S. 1-610.
(b) On or before February 1 of each year, the Attorney General shall submit to the Joint Legislative Commission on Governmental Operations and the Chairs of the Appropriations Subcommittees on Justice and Public Safety of the House of Representatives and the Senate a report on the number of qui tam cases under this Article pending in the State and the number of qui tam cases pending in other jurisdictions involving the State, the number of qui tam cases under this Article that were settled, the number of qui tam cases in which judgment was entered, and the amount of proceeds paid to qui tam plaintiffs during the previous calendar year. (2009-554, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 52 - Limited Civil Liability of Domestic Violence Shelters and Persons Associated With the Shelters. › § 1-630 - Definitions.

§ 1-630. Definitions.
As used in this Article, the following terms mean:
(1) Client. – A person who is the victim of domestic violence, as defined in Chapter 50B of the General Statutes, or of nonconsensual sexual conduct or stalking, as defined in Chapter 50C of the General Statutes, and is using services or facilities of a shelter.
(2) Conduct. – One or more actions or omissions.
(3) Harm. – Injury, death, or loss to person or property.
(4) Perpetrator. – A person who has committed domestic violence and who bears one of the personal relationships specified in G.S. 50B-1(b) to the victim of domestic violence, or a person who has committed nonconsensual sexual conduct or stalking as defined in Chapter 50C of the General Statutes.
(5) Person associated with the shelter. – A person who is a director, owner, trustee, officer, employee, victim advocate, or volunteer connected with the shelter.
(6) Shelter. – A facility that meets the criteria set forth in G.S. 50B-9 and is funded through the Domestic Violence Center Fund providing shelter to victims of domestic violence, nonconsensual sexual conduct, or stalking.
(7) Victim advocate. – A person from a crime victim service organization who provides support and assistance for a victim of a crime during court proceedings and recovery efforts related to the crime.
(8) Volunteer. – An individual who provides any service at a shelter without expectation of receiving and without receiving any compensation or other form of remuneration, directly or indirectly, for the provision of the service. (2010-5, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 52 - Limited Civil Liability of Domestic Violence Shelters and Persons Associated With the Shelters. › § 1-631 - Immunity of a domestic violence shelter and any person associated with the shelter concerning torts committed on the shelter's premises.

§ 1-631. Immunity of a domestic violence shelter and any person associated with the shelter concerning torts committed on the shelter's premises.
(a) Except as provided in subsection (b) of this section, no shelter and no person associated with the shelter is liable in damages in a tort action for any harm that a client or other person who is on the premises of the shelter sustains as a result of tortious conduct of a perpetrator that is committed on the premises of the shelter if the perpetrator is not a person associated with the shelter.
(b) The immunity established by this section does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable. (2010-5, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-643 - Applicability; restrictions.

§ 1-643. Applicability; restrictions.
(a) Except as provided in subsection (b) of this section, this Article applies to a collaborative law participation agreement that meets the requirements of G.S. 1-644 signed on or after the effective date of this act.
(b) This Article does not apply to any claim or proceeding arising under Chapter 35A, 35B, or 50 of the General Statutes.
(c) Minors, unborn individuals, and individuals who are incompetent shall not be parties to a collaborative law process. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-644 - Collaborative law participation agreement; requirements.

§ 1-644. Collaborative law participation agreement; requirements.
(a) A collaborative law participation agreement must meet all of the following requirements:
(1) Be in a record.
(2) Be signed by the parties and their collaborative lawyers.
(3) State the parties' intention to resolve a collaborative matter through a collaborative law process under this Article.
(4) Describe the nature and scope of the collaborative matter.
(5) Identify the collaborative lawyer who represents each party in the collaborative law process.
(6) Contain a statement by each collaborative lawyer confirming the collaborative lawyer's representation of a party in the collaborative law process.
(7) State that the collaborative lawyers are disqualified from representing their respective parties in a proceeding before a tribunal related to the collaborative matter, except as provided in G.S. 1-647, 1-649(c), 1-650, or 1-651.
(8) Provide an address for each party where any notice required under this Article may be sent.
(b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this Article. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-646 - Proceedings pending before tribunal; status report.

§ 1-646. Proceedings pending before tribunal; status report.
(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection (c) of this section and G.S. 1-647 and G.S. 1-648, the filing operates as a stay of the proceeding as to the parties in the collaborative law process as long as the parties are in that process.
(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (a) of this section is lifted when the notice is filed. The notice shall not specify any reason for termination of the collaborative law process.
(c) A tribunal in which a proceeding is stayed under subsection (a) of this section may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the collaborative law process is ongoing or concluded. It shall not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative matter.
(d) A tribunal shall not consider a communication made in violation of subsection (c) of this section.
(e) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-647 - Emergency order.

§ 1-647. Emergency order.
During a collaborative law process, a party may begin a proceeding and a tribunal may issue emergency orders upon motion of a party in that or an already pending proceeding to protect the health, safety, welfare, or interest of a party or otherwise preserve the status quo. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-649 - Disqualification of collaborative lawyer and lawyers in associated law firm.

§ 1-649. Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c) of this section and G.S. 1-647, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
(b) Except as otherwise provided in subsection (c) of this section and G.S. 1-647, 1-650, and 1-651, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a) of this section.
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party to do any of the following:
(1) To ask a tribunal to approve an agreement resulting from the collaborative law process.
(2) To seek or defend an emergency order in either a pending or newly filed proceeding to protect the health, safety, welfare, or interest of a party, or otherwise preserve the status quo.
(d) If subdivision (c)(2) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may continue to represent a party:
(1) Until the party is represented by a successor lawyer or for no more than 30 days after the date any action is taken under subdivision (c)(2) of this section, whichever occurs first; or
(2) If the parties consent to continue the collaborative law process subject to any emergency order which may have been entered, in which event, any proceeding as referenced in subdivision (c)(2) of this section shall be stayed as provided in G.S. 1-646. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-650 - Low-income parties.

§ 1-650. Low-income parties.
(a) The disqualification under G.S. 1-649(a) applies to a collaborative lawyer representing a party with or without fee.
(b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under G.S. 1-649(a) is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if all of the following apply:
(1) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation.
(2) The collaborative law participation agreement so provides.
(3) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-651 - Governmental entity as party.

§ 1-651. Governmental entity as party.
(a) The disqualification under G.S. 1-649(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(b) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if all of the following apply:
(1) The collaborative law participation agreement so provides.
(2) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-652 - Disclosure of information.

§ 1-652. Disclosure of information.
(a) Except as provided by subsection (b) of this section or by law other than this Article, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of all relevant information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed.
(b) The parties may define the scope and terms of the disclosure during the collaborative law process. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-653 - Standards of professional responsibility not affected.

§ 1-653. Standards of professional responsibility not affected.
This Article does not affect the professional responsibility, obligations, and standards applicable to a lawyer or other licensed professional, including rules governing the confidentiality of information acquired by a lawyer during the professional relationship with a client. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-654 - Informed consent.

§ 1-654. Informed consent.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following:
(1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter.
(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation. The information provided shall include the respective rules regarding privilege and confidentiality that apply to each of the alternative means of resolving disputes.
(3) Advise the prospective party that:
a. After signing a collaborative law participation agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates, except as provided in G.S. 1-647.
b. Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause.
c. The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated shall not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by G.S. 1-647, 1-649(c), 1-650(b), or 1-651(b). (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-655 - No liability for decision to participate.

§ 1-655. No liability for decision to participate.
No person incurs liability, either individually or in any fiduciary, official, or other capacity, with regard to the person's decision to participate or not to participate in a collaborative law process. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-656 - Confidentiality of collaborative law communication.

§ 1-656. Confidentiality of collaborative law communication.
A collaborative law communication shall not be disclosed to anyone other than a party, a party's collaborative lawyer, or a nonparty participant except to the extent agreed by the parties in a signed record or as provided by law of this State other than this Article. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-657 - Privilege against disclosure for collaborative law communication; admissibility; discovery.

§ 1-657. Privilege against disclosure for collaborative law communication; admissibility; discovery.
(a) Subject to G.S. 1-658 and G.S. 1-659, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible in evidence.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(2) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-658 - Waiver and preclusion of privilege.

§ 1-658. Waiver and preclusion of privilege.
(a) A privilege under G.S. 1-657 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
(b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding shall not assert a privilege under G.S. 1-657, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-659 - Limits of privilege.

§ 1-659. Limits of privilege.
(a) There is no privilege under G.S. 1-657 for a collaborative law communication that is any of the following:
(1) Available to the public under Chapter 132 of the General Statutes or made during a session of a collaborative law process that is open, or is required by law to be open, to the public.
(2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence.
(3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity.
(4) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.
(b) The privileges under G.S. 1-657 for a collaborative law communication do not apply to the extent that a collaborative law communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process.
(c) There is no privilege under G.S. 1-657 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in any of the following:
(1) A criminal action involving the prosecution of a felony.
(2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.
(d) If a collaborative law communication is subject to an exception under subsection (b) or (c) of this section, only the part of the collaborative law communication necessary for the application of the exception may be disclosed or admitted.
(e) Disclosure or admission of evidence excepted from the privilege under subsection (b) or (c) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.
(f) The privileges under G.S. 1-657 do not apply if the parties agree in advance in a signed record or, if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the collaborative law communication was made. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-660 - Authority of tribunal in case of noncompliance.

§ 1-660. Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of G.S. 1-644 or a lawyer fails to comply with G.S. 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following:
(1) Signed a record indicating an intention to enter into a collaborative law participation agreement.
(2) Reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a) of this section and the interests of justice require, the tribunal may do all of the following:
(1) Enforce an agreement evidenced by a record resulting from the collaborative law process in which the parties participated.
(2) Apply the disqualification provisions in G.S. 1-645, 1-646, 1-647, 1-649, 1-650, and 1-651.
(3) Apply a privilege under G.S. 1-657. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-661 - Alternative dispute resolution permitted.

§ 1-661. Alternative dispute resolution permitted.
Nothing in this Article prohibits the parties from using, by mutual agreement, other forms of nonadversarial alternate dispute resolution, including mediation, to reach a settlement on any of the issues included in the collaborative law participation agreement. The parties' collaborative lawyers may also serve as counsel for any form of nonadversarial alternate dispute resolution pursued as part of the collaborative law participation agreement so long as it is not a proceeding as that term is defined in G.S. 1-642(10). (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-662 - Uniformity of application and construction.

§ 1-662. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 53 - Uniform Collaborative Law Act. › § 1-663 - Relation to Electronic Signatures in Global and National Commerce Act.

§ 1-663. Relation to Electronic Signatures in Global and National Commerce Act.
This Article modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b). (2020-65, s. 1.)
2023 North Carolina General Statutes › Chapter 1B - Contribution › Article 1 - Uniform Contribution among Tort-Feasors Act. › § 1B-2 - Pro rata shares.

§ 1B-2. Pro rata shares.
In determining the pro rata shares of tort-feasors in the entire liability
(1) Their relative degree of fault shall not be considered;
(2) If equity requires, the collective liability of some as a group shall constitute a single share; and
(3) Principles of equity applicable to contribution generally shall apply. (1967, c. 847, s. 1.)
2023 North Carolina General Statutes › Chapter 1B - Contribution › Article 1 - Uniform Contribution among Tort-Feasors Act. › § 1B-3 - Enforcement.

§ 1B-3. Enforcement.
(a) Whether or not judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced by separate action.
(b) Where a judgment has been entered in an action against two or more tort-feasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(c) If there is a judgment for the injury or wrongful death against the tort-feasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after final judgment is entered in the trial court in conformity with the decisions of the appellate court.
(d) If there is no judgment for the injury or wrongful death against the tort-feasor seeking contribution, his right of contribution is barred unless he has either
(1) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment,
(2) Agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution, or
(3) While action is pending against him, joined the other tort-feasors as third-party defendants for the purpose of contribution.
(e) The recovery of judgment against one tort-feasor for the injury or wrongful death does not of itself discharge the other tort-feasors from liability to the claimant. The satisfaction of the judgment discharges the other tort-feasors from liability to the claimant for the same injury or wrongful death, but does not impair any right of contribution. Provided, however, that a consent judgment in a civil action brought on behalf of a minor, or other person under disability, for the sole purpose of obtaining court approval of a settlement between the injured minor or other person under disability and one of two or more tort-feasors, shall not be deemed to be a judgment as that term is used herein, but shall be treated as a release or covenant not to sue as those terms are used in G.S. 1B-4 unless the judgment shall specifically provide otherwise.
(f) The judgment of the court in determining the liability of the several defendants to the claimant for the same injury or wrongful death shall be binding as among such defendants in determining their right to contribution. (1967, c. 847, s. 1; 1973, c. 465, s. 1; 1975, c. 866, s. 5.)
2023 North Carolina General Statutes › Chapter 1B - Contribution › Article 1 - Uniform Contribution among Tort-Feasors Act. › § 1B-4 - Release or covenant not to sue.

§ 1B-4. Release or covenant not to sue.
When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and,
(2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor. (1967, c. 847, s. 1.)
2023 North Carolina General Statutes › Chapter 1B - Contribution › Article 1 - Uniform Contribution among Tort-Feasors Act. › § 1B-5 - Uniformity of interpretation.

§ 1B-5. Uniformity of interpretation.
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. (1967, c. 847, s. 1.)
2023 North Carolina General Statutes › Chapter 1B - Contribution › Article 2 - Judgment against Joint Obligors or Joint Tort-Feasors. › § 1B-7 - Payment of judgment by one of several.

§ 1B-7. Payment of judgment by one of several.
(a) In all cases in the courts of this State wherein judgment has been, or may hereafter be, rendered against two or more persons or corporations, who are jointly and severally liable for its payment either as joint obligors or joint tort-feasors, and the same has not been paid by all the judgment debtors by each paying his pro rata share thereof, if one or more of the judgment debtors shall pay the judgment creditor, either before or after execution has been issued, the full amount due on said judgment, and shall have entered on the judgment docket in the manner hereinafter set out a notation of the preservation of the right of contribution, such notation shall have the effect of preserving the lien of the judgment and of keeping the same in full force as against any judgment debtor who does not pay his pro rata share thereof to the extent of his liability thereunder in law and equity. Such judgment may be enforced by execution or otherwise in behalf of the judgment debtor or debtors who have so preserved the judgment.
(b) The entry on the judgment docket shall be made in the same manner as other cancellations of judgment, and shall recite that the same has been satisfied, released and discharged, together with all costs and interest, as to the paying judgment debtor, naming him, but that the lien of the judgment is preserved as to the other judgment debtors for the purpose of contribution. No entry of cancellation as to such other judgment debtors shall be made upon the judgment docket or judgment index by virtue of such payment.
(c) If the judgment debtors disagree as to their pro rata shares of the liability, on the grounds that any judgment debtor is insolvent or is a nonresident of the State and cannot be forced under the execution of the court to contribute to the payment of the judgment, or upon other grounds in law and equity, their shares may be determined upon motion in the cause and notice to all parties to the action. Issues of fact arising therein shall be tried by jury as in other civil actions. (1967, c. 847, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 16 - Exempt Property. › § 1C-1602 - Alternative exemptions.

§ 1C-1602. Alternative exemptions.
The debtor may elect to take the personal property and homestead exemptions provided in Article X of the Constitution of North Carolina instead of the exemptions provided by G.S. 1C-1601. If the debtor elects to take his constitutional exemptions, the exemptions provided in G.S. 1C-1601 shall not apply and in that event the exemptions provided in this Article shall not be construed so as to affect the personal property and homestead exemptions granted by Article X of the Constitution of North Carolina. If the debtor elects to take his constitutional exemptions, the clerk or district court judge must designate the property to be exempt under the procedure set out in G.S. 1C-1603. The debtor is entitled to have one thousand dollars ($1,000) in value in real property owned and occupied by him and five hundred dollars ($500.00) in value in his personal property exempted from sale under execution. If the value of the property in which the debtor claims his constitutional exemption is in excess of his exemptions, the clerk, in an execution, may order the sale of the property with the proceeds of the sale being distributed first to the debtor to satisfy his exemption and the excess to be distributed as ordered. (1981, c. 490, s. 1; 1981 (Reg. Sess., 1982), c. 1224, s. 8.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 16 - Exempt Property. › § 1C-1604 - Effect of exemption.

§ 1C-1604. Effect of exemption.
(a) Property allocated to the debtor as exempt is free of the enforcement of the claims of creditors for indebtedness incurred before or after the exempt property is set aside, other than claims exempted by G.S. 1C-1601(e), for so long as the debtor owns it. When the property is conveyed to another, the exemption ceases as to liens attaching prior to the conveyance. Creation of a security interest in the property does not constitute a conveyance within the meaning of this section, but a transfer in satisfaction of, or for the enforcement of, a security interest is a conveyance. When exempt property is conveyed, the debtor may have other exemptions allotted.
(a1) The statute of limitations on judgments is suspended for the period of exemption as to the property which is exempt. However, the statute of limitations is not suspended as to the exempt property unless the judgment creditor shall have, prior to the expiration of the statute of limitations, recorded a copy of the order designating exempt property in the office of the register of deeds in the county where the exempt real property is located.
(b) Exempt property which passes by devise, intestate succession or gift to a dependent spouse, child or person to whom the debtor stands in loco parentis, continues to be exempt while held by that person. The exemption is terminated if the spouse remarries, or, with regard to a dependent, when the court determinates that dependency no longer exists. (1981, c. 490, s. 1; 1991, c. 607, s. 2; 2011-284, s. 6.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1702 - Definitions.

§ 1C-1702. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Foreign Judgment" means any judgment, decree, or order of a court of the United States or a court of any other state which is entitled to full faith and credit in this State, except a "child support order," as defined in G.S. 52C-1-101 (The Uniform Interstate Family Support Act), a "custody decree," as defined in G.S. 50A-102 (The Uniform Child-Custody Jurisdiction and Enforcement Act), or a domestic violence protective order as provided in G.S. 50B-4(d).
(2) "Judgment Debtor" means the party against whom a foreign judgment has been rendered.
(3) "Judgment Creditor" means the party in whose favor a foreign judgment has been rendered. (1989, c. 747, s. 1; 1999-23, s. 3; 1999-223, s. 4.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1703 - Filing and status of foreign judgments.

§ 1C-1703. Filing and status of foreign judgments.
(a) A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in the office of the clerk of superior court of any county of this State in which the judgment debtor resides, or owns real or personal property. Along with the foreign judgment, the judgment creditor or his attorney shall make and file with the clerk an affidavit which states that the foreign judgment is final and that it is unsatisfied in whole or in part, and which sets forth the amount remaining unpaid on the judgment.
(b) Upon the filing of the foreign judgment and the affidavit, the foreign judgment shall be docketed and indexed in the same manner as a judgment of this State; however, no execution shall issue upon the foreign judgment nor shall any other proceeding be taken for its enforcement until the expiration of 30 days from the date upon which notice of filing is served in accordance with G.S. 1C-1704.
(c) A judgment so filed has the same effect and is subject to the same defenses as a judgment of this State and shall be enforced or satisfied in like manner; provided however, if the judgment debtor files a motion for relief or notice of defense pursuant to G.S. 1C-1705, enforcement of the foreign judgment is automatically stayed, without security, until the court finally disposes of the matter. (1989, c. 747.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1704 - Notice of filing; service.

§ 1C-1704. Notice of filing; service.
(a) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (b) on the judgment debtor and shall attach thereto a filed-stamped copy of the foreign judgment and affidavit. Service and proof of service of the notice may be made in any manner provided for in Rule 4(j) of the Rules of Civil Procedure.
(b) The notice shall set forth the name and address of the judgment creditor, of his attorney if any, and of the clerk's office in which the foreign judgment is filed in this State, and shall state that the judgment attached thereto has been filed in that office, that the judgment debtor has 30 days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no such relief is sought within that 30 days, the judgment will be enforced in this State in the same manner as any judgment of this State. (1989, c. 747.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1705 - Defenses; procedure; stay.

§ 1C-1705. Defenses; procedure; stay.
(a) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, or enforcement has been stayed by, the court which rendered it, or on any other ground for which relief from a judgment of this State would be allowed. Notwithstanding subsection (b) of this section, the court shall stay enforcement of the foreign judgment for an appropriate period if the judgment debtor shows that:
(1) The foreign judgment has been stayed by the court that rendered it; or
(2) An appeal from the foreign judgment is pending or the time for taking an appeal has not expired and the judgment debtor executes a written undertaking in the same manner and amount as would be required in the case of a judgment entered by a court of this State under G.S. 1-289.
(b) If the judgment debtor has filed a motion for relief or notice of defenses then the judgment creditor may move for enforcement of the foreign judgment as a judgment of this State, unless the court stays enforcement of the judgment under subsection (a) of this section. The judgment creditor's motion shall be heard before a judge of the trial division which would be the proper division for the trial of an action in which the amount in controversy is the same as the amount remaining unpaid on the foreign judgment. The Rules of Civil Procedure (G.S. 1A-1) shall apply. The judgment creditor shall have the burden of proving that the foreign judgment is entitled to full faith and credit. (1989, c. 747, s. 1; 2003-19, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1706 - Fees.

§ 1C-1706. Fees.
The enforcement of a foreign judgment under this Article shall be subject to the costs and fees set forth in Article 28 of Chapter 7A of the General Statutes. The amount remaining unpaid on the foreign judgment as set forth in the affidavit filed under G.S. 1C-1703(b) shall determine the amount of the costs to be collected at the time of the filing of the foreign judgment and assessed pursuant to G.S. 7A-305. (1989, c. 747.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1707 - Optional procedure.

§ 1C-1707. Optional procedure.
This Article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce such creditor's judgment. (1989, c. 747.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 17 - Uniform Enforcement of Foreign Judgments Act. › § 1C-1708 - Judgments against public policy.

§ 1C-1708. Judgments against public policy.
The provisions of this Article shall not apply to foreign judgments based on claims which are contrary to the public policies of North Carolina. (1989, c. 747.)