H354: Civil Procedure/Gatekeeper Orders/Database. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading


AN ACT amending rule 17 of the north carolina rules of civil PROCEDURE to provide for the issuance of gatekeeper orders.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 1A‑1, Rule 17 of the Rules of Civil Procedure, is amended by adding a new subsection to read:



(f)       Gatekeeper Order. – A person who has been adjudicated incompetent may file a pleading with the court only through the person's guardian or counsel. If a person has been identified by the Administrative Office of the Courts as having been adjudicated incompetent, then the court shall strike any pleading not filed by the person's guardian or counsel and issue a gatekeeper order to prevent the person from executing filings in violation of this subsection.



SECTION 2.  The Administrative Office of the Courts shall develop a functional database of all persons currently adjudicated as incompetent by a North Carolina court that is readily accessible to judges and the Clerks of Superior Court.



SECTION 3.  This act becomes effective December 1, 2025, and applies to actions and proceedings brought or pending on or after that date.