North Carolina § 36C-2-206 - Representation of parties.

§ 36C-2-206. Representation of parties.

Notwithstanding any other applicable rule of the Rules of Civil Procedure or provision of Chapter 1 of the General Statutes, in any trust proceeding, whether brought before the clerk of superior court or in the superior court division of the General Court of Justice, the parties shall be represented as provided in Article 3 of this Chapter. In the case of any party represented by another as provided in subsection (a) of this section, service of process shall be made by serving such representative. History (2005-192, s. 2; 2006-259, s. 13(a).) NORTH CAROLINA COMMENT This section makes a significant change in North Carolina law by authorizing parties to be represented by others as provided in Article 3 of this Chapter in actions involving trusts in the superior court trial division. Under former G.S. 36A-26.3, which was generally consistent with Article 3, a party could be represented by others in trust proceedings before the clerk but these rules were not applicable to actions involving trusts in superior court. This section applies the rules of representation of Article 3 to both trust proceedings before the clerk and actions involving trusts before the superior court. Effect of Amendments. - Session Laws 2006-259, s. 13(a), effective October 1, 2006, rewrote the section. See Editor's note for applicability.