reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1820 - Definitions.

§ 1C-1820. Definitions.
As used in this Article:
(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on which money, in accordance with this Article, is:
a. Paid to a claimant in an action or distribution proceeding;
b. Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
c. Used to recoup, set off, or counterclaim in different moneys in an action or distribution proceeding.
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.
(5) "Foreign money" means money other than money of the United States.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(8) "Money of the claim" means the money determined as proper for payment of the claim pursuant to G.S. 1C-1823.
(9) "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. "Rate of exchange" means, if separate rates of exchange apply to different kinds of transactions, the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or its equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1821 - Scope of Article.

§ 1C-1821. Scope of Article.
(a) This Article applies only to a foreign-money claim in an action or distribution proceeding.
(b) This Article applies to foreign-money issues even if other law under the conflict of laws rules of this State applies to other issues in the action or distribution proceeding. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1822 - Variation by agreement.

§ 1C-1822. Variation by agreement.
(a) The effect of this Article may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1823 - Determining proper money of the claim.

§ 1C-1823. Determining proper money of the claim.
(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) Regularly used between the parties as a matter of usage or course of dealing;
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by the party claimant. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1824 - Determining amount of the money of certain contract claims.

§ 1C-1824. Determining amount of the money of certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid shall be determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable for the reason that the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1825 - Asserting and defending foreign-money claims.

§ 1C-1825. Asserting and defending foreign-money claims.
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant shall make the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim pursuant to G.S. 1C-1823 is a question of law. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1827 - Conversions of foreign money in distribution proceedings.

§ 1C-1827. Conversions of foreign money in distribution proceedings.
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1828 - Prejudgment and judgment interest.

§ 1C-1828. Prejudgment and judgment interest.
(a) Except as provided in subsection (b) of this section, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding shall be determined by the substantive law governing the right to recovery under the conflict of laws rules of this State.
(b) The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this State. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1829 - Enforcement of foreign judgments.

§ 1C-1829. Enforcement of foreign judgments.
Subject to the provisions of Article 17 and 20 of this Chapter:
(1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment shall be entered as provided in G.S. 1C-1826, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(2) A foreign judgment may be filed or docketed in accordance with any rule or statute of this State providing a procedure for its recognition and enforcement.
(3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.
(4) A judgment entered on a foreign-money claim only in United States dollars in another state shall be enforced in this State in United States dollars only. (1995, c. 213, s. 1; 2020-69, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1830 - Determining United States dollar value of assets to be seized or restrained.

§ 1C-1830. Determining United States dollar value of assets to be seized or restrained.
(a) Computations under this section shall not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, shall be ascertained as provided in subsections (c) and (d) of this section.
(c) A party seeking process, costs, bond, or other undertaking under subsection (b) of this section shall compute in United States dollars the amount of the foreign-money claim from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
(d) A party seeking the process, costs, bond, or other undertaking under subsection (b) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials shall incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1831 - Effect of currency revalorization.

§ 1C-1831. Effect of currency revalorization.
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss shall be treated as if expressed or incurred in the new money at the rate of conversion the issuing country established for the payment of like obligations or losses denominated in the former money.
(b) If substitution under subsection (a) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1832 - Supplementary general principles of law.

§ 1C-1832. Supplementary general principles of law.
Unless displaced by particular provisions of this Article, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes shall supplement its provisions. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 19 - The North Carolina Foreign-Money Claims Act. › § 1C-1833 - Uniformity of application and construction.

§ 1C-1833. Uniformity of application and construction.
This Article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Article among states enacting it. (1995, c. 213, s. 1.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1851 - Definitions.

§ 1C-1851. Definitions.
The following definitions apply in this Article:
(1) Foreign country. – A government other than:
a. The United States;
b. A state, district, commonwealth, territory, or insular possession of the United States; or
c. Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) Foreign-country judgment. – A judgment of a court of a foreign country. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1852 - Applicability; saving clause.

§ 1C-1852. Applicability; saving clause.
(a) Except as otherwise provided in subsection (b) of this section, this Article applies to a foreign-country judgment to the extent that the judgment:
(1) Grants or denies recovery of a sum of money; and
(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This Article does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) A judgment for taxes;
(2) A fine or other penalty; or
(3) A judgment for alimony, support, or maintenance in matrimonial or family matters.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this Article applies to the foreign-country judgment.
(d) This Article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment to which this Article does not apply. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1854 - Personal jurisdiction.

§ 1C-1854. Personal jurisdiction.
(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following exist:
(1) The defendant was served with process personally in the foreign country.
(2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant.
(3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved.
(4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country.
(5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country.
(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation.
(7) There was any other basis for personal jurisdiction that would be consistent with the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of this State may recognize reasonable bases of personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1855 - Procedure for recognition and nonrecognition of foreign-country judgment.

§ 1C-1855. Procedure for recognition and nonrecognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition or nonrecognition of a foreign-country judgment is sought in some other action, the issue of recognition may be raised by complaint, counterclaim, cross-claim, or affirmative defense. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1856 - Effect of recognition of foreign-country judgment.

§ 1C-1856. Effect of recognition of foreign-country judgment.
(a) If the court in a proceeding under G.S. 1C-1855 finds that the foreign-country judgment is entitled to recognition under this Article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in this State.
(b) Article 17 of this Chapter does not apply to the enforcement of foreign-country judgments recognized under this Article. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1857 - Stay of proceedings pending appeal of foreign-country judgment.

§ 1C-1857. Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires without an appeal being taken, or the appellant has had sufficient time to prosecute the appeal and has failed to do so. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1858 - Statute of limitations.

§ 1C-1858. Statute of limitations.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1859 - Uniformity of interpretation.

§ 1C-1859. Uniformity of interpretation.
In applying and construing this Article, consideration may be given to promoting uniformity of interpretation with respect to its subject matter among states that enact it. (2009-325, s. 2.)
2023 North Carolina General Statutes › Chapter 1C - Enforcement of Judgments › Article 20 - North Carolina Uniform Foreign Country Money Judgments Recognition Act. › § 1C-1860 - Severability.

§ 1C-1860. Severability.
The provisions of this Article are severable. If any part or application of this Article is invalid, then other parts or applications remain valid. (2015-107, s. 2.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-1 - Purpose of punitive damages.

§ 1D-1. Purpose of punitive damages.
Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-5 - Definitions.

§ 1D-5. Definitions.
As used in this Chapter:
(1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of punitive damages. In a claim for relief in which a party seeks recovery of punitive damages related to injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes any party seeking recovery of punitive damages.
(2) "Compensatory damages" includes nominal damages.
(3) "Defendant" means a party, including a counterdefendant, cross-defendant, or third-party defendant, from whom a claimant seeks relief with respect to punitive damages.
(4) "Fraud" does not include constructive fraud unless an element of intent is present.
(5) "Malice" means a sense of personal ill will toward the claimant that activated or incited the defendant to perform the act or undertake the conduct that resulted in harm to the claimant.
(6) "Punitive damages" means extracompensatory damages awarded for the purposes set forth in G.S. 1D-1.
(7) "Willful or wanton conduct" means the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm. "Willful or wanton conduct" means more than gross negligence. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-10 - Scope of the Chapter.

§ 1D-10. Scope of the Chapter.
This Chapter applies to every claim for punitive damages, regardless of whether the claim for relief is based on a statutory or a common-law right of action or based in equity. In an action subject to this Chapter, in whole or in part, the provisions of this Chapter prevail over any other law to the contrary. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-15 - Standards for recovery of punitive damages.

§ 1D-15. Standards for recovery of punitive damages.
(a) Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the following aggravating factors was present and was related to the injury for which compensatory damages were awarded:
(1) Fraud.
(2) Malice.
(3) Willful or wanton conduct.
(b) The claimant must prove the existence of an aggravating factor by clear and convincing evidence.
(c) Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another. Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages, or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages.
(d) Punitive damages shall not be awarded against a person solely for breach of contract. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-25 - Limitation of amount of recovery.

§ 1D-25. Limitation of amount of recovery.
(a) In all actions seeking an award of punitive damages, the trier of fact shall determine the amount of punitive damages separately from the amount of compensation for all other damages.
(b) Punitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater. If a trier of fact returns a verdict for punitive damages in excess of the maximum amount specified under this subsection, the trial court shall reduce the award and enter judgment for punitive damages in the maximum amount.
(c) The provisions of subsection (b) of this section shall not be made known to the trier of fact through any means, including voir dire, the introduction into evidence, argument, or instructions to the jury. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-26 - Driving while impaired; exemption from cap.

§ 1D-26. Driving while impaired; exemption from cap.
G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from a defendant's operation of a motor vehicle if the actions of the defendant in operating the motor vehicle would give rise to an offense of driving while impaired under G.S. 20-138.1, 20-138.2, or 20-138.5. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-27 - Injuring energy facility; exemption from cap.

§ 1D-27. Injuring energy facility; exemption from cap.
G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from actions of the defendant that constitute a violation of G.S. 14-150.2(b). (2023-47, s. 1.5.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-30 - Bifurcated trial.

§ 1D-30. Bifurcated trial.
Upon the motion of a defendant, the issues of liability for compensatory damages and the amount of compensatory damages, if any, shall be tried separately from the issues of liability for punitive damages and the amount of punitive damages, if any. Evidence relating solely to punitive damages shall not be admissible until the trier of fact has determined that the defendant is liable for compensatory damages and has determined the amount of compensatory damages. The same trier of fact that tried the issues relating to compensatory damages shall try the issues relating to punitive damages. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-35 - Punitive damages awards.

§ 1D-35. Punitive damages awards.
In determining the amount of punitive damages, if any, to be awarded, the trier of fact:
(1) Shall consider the purposes of punitive damages set forth in G.S. 1D-1; and
(2) May consider only that evidence that relates to the following:
a. The reprehensibility of the defendant's motives and conduct.
b. The likelihood, at the relevant time, of serious harm.
c. The degree of the defendant's awareness of the probable consequences of its conduct.
d. The duration of the defendant's conduct.
e. The actual damages suffered by the claimant.
f. Any concealment by the defendant of the facts or consequences of its conduct.
g. The existence and frequency of any similar past conduct by the defendant.
h. Whether the defendant profited from the conduct.
i. The defendant's ability to pay punitive damages, as evidenced by its revenues or net worth. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-45 - Frivolous or malicious actions; attorneys' fees.

§ 1D-45. Frivolous or malicious actions; attorneys' fees.
The court shall award reasonable attorneys' fees, resulting from the defense against the punitive damages claim, against a claimant who files a claim for punitive damages that the claimant knows or should have known to be frivolous or malicious. The court shall award reasonable attorney fees against a defendant who asserts a defense in a punitive damages claim that the defendant knows or should have known to be frivolous or malicious. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1D - Punitive Damages › § 1D-50 - Judicial review of award.

§ 1D-50. Judicial review of award.
When reviewing the evidence regarding a finding by the trier of fact concerning liability for punitive damages in accordance with G.S. 1D-15(a), or regarding the amount of punitive damages awarded, the trial court shall state in a written opinion its reasons for upholding or disturbing the finding or award. In doing so, the court shall address with specificity the evidence, or lack thereof, as it bears on the liability for or the amount of punitive damages, in light of the requirements of this Chapter. (1995, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 1E - Eastern Band of Cherokee Indians › Article 1 - Full Faith and Credit. › § 1E-1 - Full faith and credit.

§ 1E-1. Full faith and credit.
(a) The courts of this State shall give full faith and credit to a judgment, decree, or order signed by a judicial officer of the Eastern Band of Cherokee Indians and filed in the Cherokee Tribal Courts to the same extent as is given a judgment, decree, or order of another state, subject to the provisions of subsections (b) and (c) of this section; provided that the judgments, decrees, and orders of the courts of this State are given full faith and credit by the Tribal Courts of the Eastern Band of Cherokee Indians.
(b) Judgments, decrees, and orders specified in subsection (a) of this section shall be given full faith and credit subject to the provisions of G.S. 1C-1705 and G.S. 1C-1708 and shall be considered a foreign judgment for purposes of these statutes.
(c) Any limited driving privilege signed and issued by a Judge or Justice of the Cherokee Tribal Courts in accordance with the applicable provisions of Chapter 20 of the General Statutes and filed in the Cherokee Tribal Courts Clerk's Office shall be valid and given full faith and credit as specified in subsection (a) of this section. For purposes of this subsection, any reference to the issuing "judge" or "court" in the applicable provisions of Chapter 20 of the General Statutes shall be construed to mean the appropriate Judge or Justice in the Cherokee Tribal Courts or the appropriate Cherokee Tribal Court. (2001-456, s. 1; 2015-287, s. 1.)
2023 North Carolina General Statutes › Chapter 1E - Eastern Band of Cherokee Indians › Article 1 - Full Faith and Credit. › § 1E-2 - County services.

§ 1E-2. County services.
A county is not compelled to provide services on lands held in trust by the United States for the Eastern Band of Cherokee Indians, except for public health or human services traditionally provided by county agencies and not otherwise assumed by the Eastern Band of Cherokee Indians, unless there is an agreement between the Eastern Band of Cherokee Indians and the county describing each party's responsibilities. The agreement must be approved and signed by the Principal Chief of the Eastern Band of Cherokee Indians on behalf of the Eastern Band of Cherokee Indians and must be signed by the county manager or delegated department head. The agreement may be effective for a definite period of time or an indefinite period of time, as specified in the agreement. (2015-262, s. 1(b); 2016-123, s. 2.4(a).)
2023 North Carolina General Statutes › Chapter 1E - Eastern Band of Cherokee Indians › Article 2 - Tribal Law Enforcement Authority. › § 1E-10 - Tribal law enforcement.

§ 1E-10. Tribal law enforcement.
(a) Except for the sections listed in subsection (b) of this section, Article 13 of Chapter 160A of the General Statutes is applicable to the Eastern Band of Cherokee Indians.
(b) The following provisions of Article 13 of Chapter 160A of the General Statutes shall not apply to the Eastern Band of Cherokee Indians:
(1) G.S. 160A-283.
(2) G.S. 160A-286.
(3) G.S. 160A-287.
(4) G.S. 160A-289.1. (2015-287, s. 1.)
2023 North Carolina General Statutes › Chapter 1E - Eastern Band of Cherokee Indians › Article 2 - Tribal Law Enforcement Authority. › § 1E-11 - Application and meaning of terms.

§ 1E-11. Application and meaning of terms.
For purposes of the application of the applicable provisions of Article 13 of Chapter 160A of the General Statutes, the following terms contained in Article 13 of Chapter 160A of the General Statutes shall be construed as follows:
(1) City. – To mean the Eastern Band of Cherokee Indians.
(2) Council or governing body. – To mean the Tribal Council of the Eastern Band of Cherokee Indians.
(3) City clerk. – To mean the clerk of the Tribal Council of the Eastern Band of the Cherokee Indians.
(4) Corporate limits of the city. – To mean the boundaries of the trust lands of the Eastern Band of the Cherokee Indians wherever located within the State of North Carolina.
(5) Law enforcement agency or local law enforcement agency. – To include the Cherokee Police Department, the Cherokee Marshals Service, the Tribal Alcohol Law Enforcement Division of the Eastern Band of the Cherokee Indians, and the Natural Resources Enforcement Agency of the Eastern Band of Cherokee Indians. (2015-287, s. 1.)
2023 North Carolina General Statutes › Chapter 1E - Eastern Band of Cherokee Indians › Article 3 - Probation and Parole. › § 1E-20 - Cherokee Marshals Service.

§ 1E-20. Cherokee Marshals Service.
(a) The Supreme Court of the Eastern Band of Cherokee Indians is authorized to establish a probation and parole agency known as the "Cherokee Marshals Service."
(b) Marshals of the Cherokee Marshals Service shall (i) be required to meet the standards set forth in G.S. 1E-12 for law enforcement officers and (ii) have the same territorial jurisdiction, powers, and immunities as a law enforcement officer under G.S. 1E-12.
(c) Notwithstanding any other provision of law, marshals of the Cherokee Marshals Service shall have access to all probation and parole records of the North Carolina Department of Public Safety to the same extent as a probation or post-release supervision officer of the Department for any person over which the Cherokee Tribal Courts have jurisdiction to proceed in a criminal case and impose a sentence, including a fine, community service, or imprisonment. The Department may enter into a memorandum of understanding addressing the specifics of transferring information to the Cherokee Tribal Courts. (2015-287, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-2 - Definitions.

§ 1F-2. Definitions.
The following definitions apply in this Chapter:
(1) Foreign jurisdiction. – A state other than North Carolina.
(2) Foreign subpoena. – A subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) Person. – An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(4) State. – A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) Subpoena. – A document, however denominated, issued under authority of a court of record requiring a person to:
a. Attend and give testimony at a deposition, either oral or upon written questions;
b. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
c. Permit inspection of premises under the control of the person. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-3 - Issuance of subpoena.

§ 1F-3. Issuance of subpoena.
(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this State.
(b) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court's procedure, shall promptly open an appropriate court file, assign a file number, collect the applicable filing fee pursuant to G.S. 7A-305(a)(2), and issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) of this section must:
(1) Incorporate the terms used in the foreign subpoena; and
(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-4 - Service of subpoena.

§ 1F-4. Service of subpoena.
A subpoena issued by a clerk of court in North Carolina under G.S. 1F-3 must be served in compliance with G.S. 1A-1, Rule 45(b) of the North Carolina Rules of Civil Procedure. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-5 - Deposition; production; inspection.

§ 1F-5. Deposition; production; inspection.
Rules 26, 28, 30, 31, 34, and 45 of G.S. 1A-1, the North Carolina Rules of Civil Procedure, apply to subpoenas issued under G.S. 1F-3. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-6 - Application to court.

§ 1F-6. Application to court.
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under G.S. 1F-3 must comply with the rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted. Where a dispute exists between the parties to the action, the party opposing the discovery shall apply for appropriate relief to the court in which the action is pending and not to the court in the state in which the discovery is sought. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1F - North Carolina Uniform Interstate Depositions and Discovery Act › § 1F-7 - Uniformity of application and construction.

§ 1F-7. Uniformity of application and construction.
In applying and construing this Chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Interstate Depositions and Discovery Act. (2011-247, s. 1.)
2023 North Carolina General Statutes › Chapter 1G - North Carolina Choice of Law and Forum in Business Contracts Act › § 1G-2 - Definitions.

§ 1G-2. Definitions.
The following definitions apply in this Chapter:
(1) Business contract. – A contract or undertaking, contingent or otherwise, entered into primarily for business or commercial purposes. The term does not include a consumer contract or an employment contract.
(2) Consumer contract. – A contract or undertaking, contingent or otherwise, entered into by an individual primarily for the individual's personal, family, or household purposes.
(3) Employment contract. – A contract or undertaking, contingent or otherwise, between an individual and another party to provide labor or personal services by that individual to the other party, whether the relationship is in the nature of employer-employee or principal-independent contractor. (2017-123, s. 1.)
2023 North Carolina General Statutes › Chapter 1G - North Carolina Choice of Law and Forum in Business Contracts Act › § 1G-3 - Choice of North Carolina law in business contracts.

§ 1G-3. Choice of North Carolina law in business contracts.
(a) Choice of Law. – The parties to a business contract may agree in the business contract that North Carolina law shall govern their rights and duties in whole or in part, whether or not any of the following statements are true:
(1) The parties, the business contract, or the transaction that is the subject of the business contract bear a reasonable relation to this State.
(2) A provision of the business contract is contrary to the fundamental policy of the jurisdiction whose law would apply in the absence of the parties' choice of North Carolina law.
(b) Controlling Law. – To the extent this section conflicts with G.S. 25-1-301(c), G.S. 25-1-301(c) controls. (2017-123, s. 1.)
2023 North Carolina General Statutes › Chapter 1G - North Carolina Choice of Law and Forum in Business Contracts Act › § 1G-4 - Choice of North Carolina forum in business contracts.

§ 1G-4. Choice of North Carolina forum in business contracts.
(a) Choice of Forum. – Notwithstanding any other provision of law, a party to a business contract may bring an action in the courts of this State for a dispute arising from the business contract if the business contract contains both of the following provisions:
(1) A provision where the parties agree that North Carolina law shall govern their rights and duties in whole or in part, pursuant to G.S. 1G-3.
(2) A provision where the parties agree to litigate a dispute arising from the business contract in the courts of this State.
(b) Personal Jurisdiction and Forum Non Conveniens. – A party that enters into a business contract that satisfies the requirements of subsection (a) of this section consents to the personal jurisdiction of the courts of this State in an action for a dispute arising from the business contract. A court shall not stay or dismiss the action pursuant to G.S. 1-75.12 or the doctrine of forum non conveniens.
(c) Choice of Venue. – Notwithstanding any other provision of law, the parties to a business contract that satisfies the requirements of subsection (a) of this section may designate in the business contract one or more counties in this State as the proper venue for a dispute arising from the business contract. If the parties do not designate a county in the business contract, a party may bring an action for a dispute arising from the business contract in any county in this State.
(d) Change of Venue. – In an action that is brought in a county in this State permitted by subsection (c) of this section, a court may change the place of trial to another county in this State pursuant to G.S. 1-83(2), 1-83(3), or 1-84 only. Nothing in this subsection allows a court to change the place of trial to another state. (2017-123, s. 1.)
2023 North Carolina General Statutes › Chapter 1G - North Carolina Choice of Law and Forum in Business Contracts Act › § 1G-5 - Effect of provisions.

§ 1G-5. Effect of provisions.
Nothing in this Chapter does any of the following:
(1) Validates, invalidates, or otherwise affects the enforcement of a choice of law provision or a choice of forum provision in a contract that is not a business contract.
(2) Confers subject matter jurisdiction upon a court that would otherwise lack subject matter jurisdiction.
(3) Affects the designation of an action as a mandatory complex business case pursuant to G.S. 7A-45.4. (2017-123, s. 1.)
2023 North Carolina General Statutes › Chapter 4 - Common Law › § 4-1 - Common law declared to be in force.

§ 4-1. Common law declared to be in force.
All such parts of the common law as were heretofore in force and use within this State, or so much of the common law as is not destructive of, or repugnant to, or inconsistent with, the freedom and independence of this State and the form of government therein established, and which has not been otherwise provided for in whole or in part, not abrogated, repealed, or become obsolete, are hereby declared to be in full force within this State. (1715, c. 5, ss. 2, 3, P.R.; 1778, c. 133, P.R.; R.C., c. 22; Code, s. 641; Rev., s. 932; C.S., s. 970.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-12 - Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures.

§ 5A-12. Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures.
(a) A person who commits criminal contempt, whether direct or indirect, is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three, except that:
(1) A person who commits a contempt described in G.S. 5A-11(8) is subject to censure, imprisonment not to exceed 6 months, fine not to exceed five hundred dollars ($500.00), or any combination of the three;
(2) A person who has not been arrested who fails to comply with a nontestimonial identification order, issued pursuant to Article 14 of Chapter 15A of the General Statutes is subject to censure, imprisonment not to exceed 90 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three; and
(3) A person who commits criminal contempt by failing to comply with an order to pay child support is subject to censure, imprisonment up to 30 days, fine not to exceed five hundred dollars ($500.00), or any combination of the three. However, a sentence of imprisonment up to 120 days may be imposed for a single act of criminal contempt resulting from the failure to pay child support, provided the sentence is suspended upon conditions reasonably related to the contemnor's payment of child support.
(b) Except for contempt under G.S. 5A-11(5) or 5A-11(9), fine or imprisonment may not be imposed for criminal contempt, whether direct or indirect, unless:
(1) The act or omission was willfully contemptuous; or
(2) The act or omission was preceded by a clear warning by the court that the conduct is improper.
(c) The judicial official who finds a person in contempt may at any time withdraw a censure, terminate or reduce a sentence of imprisonment, or remit or reduce a fine imposed as punishment for contempt if warranted by the conduct of the contemnor and the ends of justice.
(d) A person held in criminal contempt under this Article shall not, for the same conduct, be found in civil contempt under Article 2 of this Chapter, Civil Contempt.
(e) A person held in criminal contempt under G.S. 5A-11(9) may nevertheless, for the same conduct, be found guilty of a violation of G.S. 14-225.1, but he must be given credit for any imprisonment resulting from the contempt. (1977, c. 711, s. 3; 1985 (Reg. Sess., 1986), c. 843, s. 1; 1987 (Reg. Sess., 1988), c. 1040, ss. 2, 4; 1989 (Reg. Sess., 1990), c. 1039, s. 4; 1991, c. 686, s. 3; 1999-361, s. 3; 2009-335, s. 1.)