NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 207

HOUSE BILL 414

AN ACT TO AMEND THE PROCEDURE IN THE ADJUDICATION OF SMALL CLAIMS IN THE SUPERIOR COURT OF FORSYTH COUNTY.

The General Assembly of North Carolina do enact:

Section 1. The procedure for adjudicating small claims in the Superior Court for Forsyth County shall be as herein set forth. A small claim is defined as an action for money judgment founded in contract or tort including the remedies both ancillary and otherwise of claim and delivery, attachment and garnishment in which the sum demanded or sought or the value of the property involved (exclusive of interest and costs of court) by the plaintiff, or other party does not exceed five thousand dollars ($5,000.00), and in which no jury trial is demanded, and failure to demand a jury trial by plaintiff in the complaint or first pleading, will be deemed a waiver of jury in all actions provided for in this Section.

Sec. 2. The Clerk of the Superior Court of Forsyth County shall maintain a small claims docket. The clerk shall docket in the small claims docket any action in which the plaintiff in his complaint (or application for extension of time in which to file complaint) demands only a money judgment or other relief as defined in Section 1, and does not demand a jury trial. No prosecution bond shall be demanded of plaintiff when instituting such action, and he shall be required to advance costs of the clerk's office only as prescribed in the next Section.

Sec. 3. In all small claims actions, the clerk shall require the advance payment of costs by plaintiff, as in other actions, but at one-half the usual amount charged by the clerk for commencing other civil actions. All fees for officers serving process shall be the same as provided for regular actions.

Sec. 4. If any party to such action files an answer or other pleading in which he demands a jury trial or in which affirmative relief is demanded for other than a money judgment or involving property valued in excess of five thousand dollars ($5,000.00), the action shall be transferred to the regular civil issue docket, provided such party at the time of filing his pleading advances to the clerk the remaining one-half of court costs not advanced by plaintiff. If such party fails to pay such additional advance costs, the portion of his pleading setting out his claim for affirmative relief shall be stricken on motion or ex mero motu, and the action will be retained as a small claim under the provisions of the Act. Failure of such party to demand, in his first pleading, a jury trial or affirmative relief for other than a money judgment or involving property valued in excess of five thousand dollars ($5,000.00), or failure to comply with the provisions of this Section as to advance costs, will be deemed a waiver of jury.

Sec. 5. If the plaintiff shall demand a jury trial in his first pleading, then the action shall be started as other causes with advance payment of costs as in other actions.

Sec. 6. As to any action within the concurrent jurisdiction of a justice of the peace, summons shall not be issued to run outside the County of Forsyth.

Sec. 7. All appeals from a justice of the peace to the Superior Court shall be tried in the Superior Court by the judge without a jury, unless at the time the appeal is docketed in the Superior Court or within ten (10) days thereafter a party to the action shall file with the clerk a written demand for a jury trial.

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9. This Act shall be in full force and effect from and after its ratification and shall not affect pending litigation except that parties litigant may, by consent, bring pending litigation under the provisions of this Act.

In the General Assembly read three times and ratified, this the 11^th day of April, 1963.