GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-187
The General Assembly of North Carolina enacts:
Section 1. G.S. 1A-1, Rule 55(b) reads as rewritten:
"(b) Judgment. - Judgment by default may be entered as follows:
(1) By the Clerk. - When
the plaintiff's claim against a defendant is for a sum certain or for a sum
which can by computation be made certain, the clerk upon request of the
plaintiff and upon affidavit of the amount due shall enter judgment for that
amount and costs against the defendant, if he the defendant has
been defaulted for failure to appear and if he the defendant is
not an infant or incompetent person. A verified pleading may be used in lieu of
an affidavit when the pleading contains information sufficient to determine or
compute the sum certain.
In all cases wherein, pursuant to this rule, the clerk enters judgment by default upon a claim for debt which is secured by any pledge, mortgage, deed of trust or other contractual security in respect of which foreclosure may be had, or upon a claim to enforce a lien for unpaid taxes or assessments under G.S. 105-414, the clerk may likewise make all further orders required to consummate foreclosure in accordance with the procedure provided in Article 29A of Chapter 1 of the General Statutes, entitled "Judicial Sales."
(2) By the Judge. -
a. In
all other cases the party entitled to a judgment by default shall apply to the
judge therefor; but no judgment by default shall be entered against an infant
or incompetent person unless represented in the action by a guardian ad litem
or other such representative who has appeared therein. If the party against
whom judgment by default is sought has appeared in the action, he that
party (or, if appearing by representative, his the representative)
shall be served with written notice of the application for judgment at least
three days prior to the hearing on such application. If, in order to enable the
judge to enter judgment or to carry it into effect, it is necessary to take an
account or to determine the amount of damages or to establish the truth of any
averment by evidence or to take an investigation of any other matter, the judge
may conduct such hearings or order such references as he the judge deems
necessary and proper and shall accord a right of trial by jury to the parties
when and as required by the Constitution or by any statute of North Carolina.
If the plaintiff seeks to establish paternity under Article 3 of Chapter 49 of
the General Statutes and the defendant fails to appear, the judge shall enter
judgment by default.
b. A motion for judgment by default may be decided by the court without a hearing if:
1. The motion specifically provides that the court will decide the motion for judgment by default without a hearing if the party against whom judgment is sought fails to serve a written response, stating the grounds for opposing the motion, within 30 days of service of the motion; and
2. The party against whom judgment is sought fails to serve the response in accordance with this sub-subdivision."
Section 2. This act becomes effective October 1, 1999, and applies to causes of action commenced on or after that date.
In the General Assembly read three times and ratified this the 8th day of June, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 10:00 p.m. this 18th day of June, 1999