GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

CHAPTER 140

HOUSE BILL 28

AN ACT TO PROVIDE THAT RULE 56 OF THE RULES OF CIVIL PROCEDURE SHALL APPLY TO ACTIONS FOR ABSOLUTE DIVORCE.

The General Assembly of North Carolina enacts:

Section 1.  A new sentence is added at the end of G.S.

50-10, to read as follows:

"The provisions of G.S. 1A-1, Rule 56, shall be applicable to actions for absolute divorce pursuant to G.S. 50-6, for the purpose of determining whether any genuine issue of material fact remains for trial by jury, but in the event the court determines that no genuine issue of material fact remains for trial by jury, the court must find the facts as provided herein."

Sec. 2.  This act shall become effective July 1, 1985.

In the General Assembly read three times and ratified, this the 30th day of April, 1985.