AN ACT providing that the trial of a small claims action may commence not sooner than five days after service of the magistrate summons on the defendant.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7A‑214 reads as rewritten:
"§ 7A‑214.  Time within which trial is set.
The time for trial of a small claim action is set not later than 30 days after the action is commenced. Except in an action demanding summary ejectment, if the time set for trial is earlier than five days after service of the magistrate summons, the magistrate shall order a continuance. By consent of all parties the time for trial may be changed from the time set. For good cause shown, the magistrate to whom the action is assigned may grant continuances from time to time."
SECTION 2.  This act becomes effective October 1, 2009, and applies to actions filed on or after that date.
In the General Assembly read three times and ratified this the 16th day of July, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Beverly E. Perdue
	 Governor

Approved 9:31 a.m. this 27th day of July, 2009