GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-19
SENATE BILL 784
AN ACT concerning bonding of certain JUDGMENTS.
The General Assembly of North Carolina enacts:
SECTION 1. Article 17A of Chapter 1C of the General Statutes is repealed.
SECTION 2. G.S. 1C-1705 reads as rewritten:
"§ 1C-1705.
Defenses; procedure. 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.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."
SECTION 3. G.S. 1-289 reads as rewritten:
"§ 1-289. Undertaking to stay execution on money judgment.
(a) If the appeal is from
a judgment directing the payment of money, it does not stay the execution of
the judgment unless a written undertaking is executed on the part of the
appellant, by one or more sureties, to the effect that if the judgment appealed
from, or any part thereof, is affirmed, or the appeal is dismissed, the
appellant will pay the amount directed to be paid by the judgment, or the part
of such amount as to which the judgment shall be affirmed, if affirmed only in
part, and all damages which shall be awarded against the appellant upon the appeal.appeal,
except as provided in subsection (b) of this section. Whenever it is
satisfactorily made to appear to the court that since the execution of the
undertaking the sureties have become insolvent, the court may, by rule or
order, require the appellant to execute, file and serve a new undertaking, as
above. In case of neglect to execute such undertaking within twenty days after
the service of a copy of the rule or order requiring it, the appeal may, on
motion to the court, be dismissed with costs. Whenever it is necessary for a
party to an action or proceeding to give a bond or an undertaking with surety
or sureties, he may, in lieu thereof, deposit with the officer into court money
to the amount of the bond or undertaking to be given. The court in which the
action or proceeding is pending may direct what disposition shall be made of
such money pending the action or proceeding. In a case where, by this section, the
money is to be deposited with an officer, a judge of the court, upon the
application of either party, may, at any time before the deposit is made, order
the money deposited in court instead of with the officer; and a deposit made
pursuant to such order is of the same effect as if made with the officer. The
perfecting of an appeal by giving the undertaking mentioned in this section
stays proceedings in the court below upon the judgment appealed from; except
when the sale of perishable property is directed, the court below may order the
property to be sold and the proceeds thereof to be deposited or invested, to
abide the judgment of the appellate court.
(b) If the appellee in a
civil action brought under any legal theory obtains a judgment that
includes an award of noncompensatory damages directing the payment or
expenditure of money in the amount of twenty five million dollars
($25,000,000) or more, and the appellant seeks a stay of execution of the
judgment within the period of time during which the appellant has the right to
pursue appellate review, including discretionary review and certiorari, the
amount of the undertaking for noncompensatory damages that the appellant
is required to execute to stay execution of the judgment during the entire period
of the appeal shall be twenty five million dollars ($25,000,000). For the
purposes of this subsection, the term "noncompensatory damages" means
that portion of money damages other than compensatory damages or in excess of
compensatory damages. Except as expressly provided in this subsection, this
subsection shall not affect or limit the amount of the undertaking otherwise
required by subsection (a) of this section.
(c) If the appellee proves by a preponderance of the evidence that the appellant for whom the undertaking has been limited under subsection (b) of this section is, for the purpose of evading the judgment, (i) dissipating its assets, (ii) secreting its assets, or (iii) diverting its assets outside the jurisdiction of the courts of North Carolina or the federal courts of the United States other than in the ordinary course of business, then the limitation in subsection (b) of this section shall not apply and the appellant shall be required to make an undertaking in the full amount otherwise required by this section."
SECTION 4. This act is effective when it becomes law and applies to judgments filed or entered in this State on or after the effective date, without regard to the date on which the foreign judgment was rendered in the foreign state.
In the General Assembly read three times and ratified this the 22nd day of April, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 2:28 p.m. this 23rd day of April, 2003