§ 143-297. Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer or other pleading to affidavit. - North Carolina Statutes

§ 143‑297. Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer orother pleading to affidavit.

In all claims listed in Section 13 of Chapter 1059 of the Session Lawsof 1951, and all claims which may hereafter be filed against the variousdepartments, institutions, and agencies of the State, the claimant or theperson in whose behalf the claim is made shall file with the IndustrialCommission an affidavit in duplicate, setting forth the following information:

(1)        The name of the claimant;

(2)        The name of the department, institution or agency of theState against which the claim is asserted, and the name of the State employeeupon whose alleged negligence the claim is based;

(3)        The amount of damages sought to be recovered;

(4)        The time and place where the injury occurred;

(5)        A brief statement of the facts and circumstances surroundingthe injury and giving rise to the claim.

Upon receipt of such affidavit in duplicate, the Industrial Commissionshall enter the case upon its hearing docket and shall hear and determine thematter in the county where the injury occurred unless the parties agree or theIndustrial Commission directs that the case may be heard in some other county.All parties shall be given reasonable notice of the date when and the placewhere the claim will be heard.

Immediately upon docketing the case, the Industrial Commission shallforward one copy of plaintiff's affidavit to the office of the Attorney Generalof North Carolina if the claim is asserted against any department, institution,or agency of the State.

The department, institution or agency of the State against whom theclaim is asserted shall file answer, demurrer or other pleading to theaffidavit within 30 days after receipt of copy of same setting forth anydefense it proposes to make in the hearing or trial, and no defense may beasserted in the hearing or trial unless it is alleged in such answer, exceptsuch defenses as are not required by the Code of Civil Procedure or other lawsto be alleged. (1951, c. 1059, s.9; 1963, c. 1063; 1971, c. 893, s. 2; c. 1103, s. 2.)