NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 1063

HOUSE BILL 952

 

 

AN ACT TO REQUIRE ALL AGENCIES AND DEPARTMENTS UPON WHOM A COPY OF AFFIDAVIT IS SERVED UNDER THE TORT CLAIM ACT TO FILE ANSWER, DEMURRER OR OTHER PLEADING TO SAID AFFIDAVIT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Amend G.S. 143-297 by adding at the end of said Section the following:

"The department, institution or agency of the State against whom the claim is asserted shall file answer, demurrer or other pleading to the affidavit within thirty (30) days after receipt of copy of same setting forth any defense it proposes to make in the hearing or trial, and no defense may be asserted in the hearing or trial unless it is alleged in such answer, except such defenses as are not required by the code of civil procedure or other laws to be alleged."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1963.