§ 15A-544.8. Relief from final judgment of forfeiture. - North Carolina Statutes

§ 15A‑544.8.  Relieffrom final judgment of forfeiture.

(a)        Relief Exclusive. –There is no relief from a final judgment of forfeiture except as provided inthis section.

(b)        Reasons. – Thecourt may grant the defendant or any surety named in the judgment relief fromthe judgment, for the following reasons, and none other:

(1)        The person seekingrelief was not given notice as provided in G.S. 15A‑544.4.

(2)        Other extraordinarycircumstances exist that the court, in its discretion, determines shouldentitle that person to relief.

(c)        Procedure. – Theprocedure for obtaining relief from a final judgment under this section is asfollows:

(1)        At any time beforethe expiration of three years after the date on which a judgment of forfeiturebecame final, the defendant or any surety named in the judgment may make awritten motion for relief under this section, stating the reasons and settingforth the evidence in support of each reason.

(2)        The motion is filedin the office of the clerk of superior court of the county in which the finaljudgment was entered, and a copy shall be served, under G.S. 1A‑1, Rule5, on the district attorney for that county and the county board of education.

(3)        A hearing on themotion shall be scheduled within a reasonable time in the trial division inwhich the defendant was bonded to appear.

(4)        At the hearing thecourt may grant the party any relief from the judgment that the court considersappropriate, including the refund of all or a part of any money paid to satisfythe judgment.

(d)        Only One Motion. –No more than one motion by any party for relief under this section may beconsidered by the court.

(e)        Finality ofJudgment as to Other Parties Not Affected. – The finality of a final judgmentof forfeiture shall not be affected, as to any party to the judgment, by thefiling of a motion by, or the granting of relief to, any other party.

(f)         Appeal. – An orderon a motion for relief from a final judgment of forfeiture is a final order orjudgment of the trial court for purposes of appeal. Appeal is the same asprovided for appeals in civil actions. When notice of appeal is properly filed,the court may stay the effectiveness of the order on any conditions itconsiders appropriate. (2000‑133, s. 6.)