NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 1070

HOUSE BILL 1380

AN ACT TO AMEND G.S. 1-305 AND G.S. 1-310 TO HARMONIZE THE TIME FOR ISSUANCE OF EXECUTIONS WITH THE PROVISIONS OF RULE 62 OF THE RULES OF CIVIL PROCEDURE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 1-305 is amended by revising so much of the first sentence thereof as appears before the semicolon to read as follows: "Subject to the provisions of G.S. 1A-1 (Rule 62), the clerk of superior court shall issue executions on all unsatisfied judgments rendered in his court, which are in full force and effect, upon the request of any party or person entitled thereto and upon payment of the necessary fees".

Sec. 2.  G.S. 1-310 is amended by deleting "and no executions against property shall issue until the end of the term during which judgment was rendered.", and inserting in lieu thereof "and no executions against property shall issue until 10 days after rendition of judgment."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 1st day of April, 1974.