Bill > H354

This bill amends North Carolina's Rules of Civil Procedure by establishing a new process for handling legal filings by individuals who have been adjudicated (legally declared) as incompetent. Under the new rule, such individuals can only file court pleadings through their guardian or legal counsel, and courts are required to strike any pleadings filed directly by an incompetent person. The Administrative Office of the Courts must create and maintain a database tracking individuals who have been adjudicated incompetent, which will be accessible to judges and court clerks. The bill includes important exceptions allowing incompetent individuals to file pleadings without assistance in specific circumstances, such as actions against their guardian, appealing their incompetency determination, or petitioning to restore their competency. If a person's competency is later restored, the court must withdraw the "gatekeeper order" that restricts their independent filing. The provisions of this bill will become effective on December 1, 2025, and will apply to both new and pending legal actions from that date forward.

Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/H354