2014 North Carolina General Statutes
Chapter 127A - Militia.
Article 3 - National Guard.
§ 127A-41.1 - 1. Stay of legal and court proceedings because of State military service.
127A-41.1. Stay of legal and court proceedings because of State military service.
At any stage of any legal proceeding in any court in which a person called into service of the State by the Governor is involved, either as plaintiff or defendant, during the period of service or within 60 days after the conclusion of the period of active service, all actions and proceedings:
(1) May be stayed by the court on its own motion; or
(2) Shall be stayed on application by the member or by a person acting on behalf of the member, unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct a defense is not materially affected by reason of the military service. (1997-153, s. 5; 2011-195, s. 1(a).)
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