NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 540
HOUSE BILL 229

AN ACT TO PROVIDE FOR WAIVERS OF JURY TRIAL IN DIVORCE ACTIONS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 50-10 is hereby amended by adding a new sentence thereto to read as follows: "Notwithstanding the above provisions, the right to have the facts determined by a jury shall be deemed to be waived in divorce actions based on two (2) years separation as set forth in G.S. 50-5(4) or 50-6, where defendant has been personally served with summons, or where the defendant has accepted service of summons, whether within or without the State, unless such defendant, or the plaintiff, files a request for a jury trial with the clerk of the court in which the action is pending, prior to the call of the action for trial."
Sec. 2.  In all divorce actions tried without a jury as in this Act provided the presiding judge shall answer the issues and render judgment thereon.
Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 4.  This Act shall become effective as to all actions commenced on or after July 1, 1963.
In the General Assembly read three times and ratified, this the 23rd day of May, 1963.