At any time after the issuance of summons, the clerk or judge, upon motion of the defendant, may, upon a showing of good cause, require the plaintiff to do one of the following things and the failure to comply with such order within 30 days from the date thereof shall constitute grounds for dismissal of such civil action or special proceeding:
(1) Give an undertaking with sufficient surety in the sum of two hundred dollars, with the condition that it will be void if the plaintiff pays the defendant all costs which the latter recovers of him in the action.
(2) Deposit two hundred dollars ($200.00) with him as security to the defendant for these costs, in which event the clerk must give to the plaintiff and defendant all costs which the latter recovers of him in the action.
(3) File a copy of an order from a superior or district court judge or clerk of a superior court authorizing the plaintiff to sue as an indigent.
The requirements of this section shall not apply to the State of North Carolina or any of its agencies, commissions or institutions, or to counties, drainage districts, cities and towns; provided, further, that the State of North Carolina or any of its agencies, commissions or institutions, and counties, drainage districts, cities and towns may institute civil actions and special proceedings without being required to give a prosecution bond or make deposit in lieu of bond. (R.C., c. 31, s. 40; C.C.P., s. 71; Code, s. 209; Rev., s. 450; C.S., s. 493; 1935, c. 398; 1949, c. 53; 1955, c. 10, s. 1; 1957, c. 563; 1961, c. 989; 1971, c. 268, s. 3; 1993, c. 435, s. 4; 1999-106, s. 1.)
Notes of Decisions
Cited in
17
cases, 1950–2011 · leading case:
Goss v. Battle, 432 S.E.2d 156 (N.C. Ct. App. 1993).
Goss v. Battle, 432 S.E.2d 156 (N.C. Ct. App. 1993).
· cites it 20× “41(b) and G.S. § 1-109. *159 The language of these provisions does not expressly require a trial court to consider lesser sanctions before dismissing.”
Dalenko v. Wake Cnty. Dep't of Human Servs., 578 S.E.2d 599 (N.C. Ct. App. 2003).
· cites it 4× “Plaintiff next argues the trial court lacked subject matter jurisdiction to enter an order requiring that, as Dalenko’s personal representative, she post $20,000 in prosecution bonds pursuant to G.S. § 1-109. After hearing arguments, the trial court informed the parties that it…”
Dalenko v. Wake Cnty. Dept. of Human Serv., 578 S.E.2d 599 (N.C. Ct. App. 2003).
· cites it 4× “Plaintiff next argues the trial court lacked subject matter jurisdiction to enter an order requiring that, as Dalenko's personal representative, she post $20,000 in prosecution bonds pursuant to G.S. § 1-109. After hearing arguments, the trial court informed the parties that it…”
Narron v. Union Camp Corp., 344 S.E.2d 64 (N.C. Ct. App. 1986).
· cites it 5× “00 bond specified in G.S. 1-109 and “that such bond should be increased by the amount of $2,500.”
Page v. Mandel, 571 S.E.2d 635 (N.C. Ct. App. 2002).
· cites it 2× “§ 1A-1, Rule 41(b) and N.C. Gen. Stat. § 1-109 ). In Goss, we extended the requirement to consider lesser sanctions to dismissals pursuant to N.”
Thompson v. Hank's of Carolina, Inc., 426 S.E.2d 278 (N.C. Ct. App. 1993).
· cites it 31× “Although the trial court could properly enter such an order, in its discretion, it could not do so pursuant to N.C. Gen. Stat. § 1-109 . We disagree with plaintiffs’ interpretation of Narron .”
Morgan v. Steiner, 619 S.E.2d 516 (N.C. Ct. App. 2005).
“The fee of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.”
McKoy v. McKoy, 714 S.E.2d 832 (N.C. Ct. App. 2011).
· cites it 2× “We similarly conclude that the trial court, before dismissing a claim pursuant to a local court rule, must consider sanctions less severe than dismissal and must make sufficient findings and conclusions indicating that the court performed this analysis.”
Oakes v. Wooten, 620 S.E.2d 39 (N.C. Ct. App. 2005).
“(9) Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. N.C. Gen. Stat. § 7A-305(d) (2003).”
Cosentino v. Weeks, 586 S.E.2d 787 (N.C. Ct. App. 2003).
“(9) Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. (e) Nothing in this section shall affect the liability of the respective parties for costs as provided by law.”
Vaden v. Dombrowski, 653 S.E.2d 543 (N.C. Ct. App. 2007).
“The fee of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary.”
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