If you are getting ready to designate a case to the North Carolina Business Court, you might want to go ahead and do that in the next few days. That’s because starting September 1, 2009, it’s going to cost your client a bunch more money to have a case heard in the Business Court.
Effective September 1st, the fee due to the Clerk of Court in the county where the case was filed will increase to $1,000. It was previously only $200. The change will be codified at N.C. Gen. Stat. §7A-305(a)(2)("Costs in Civil Actions").
Business Court Rule 3.4 deals with the payment of the fee. It says that the payment is due to the Clerk of Court immediately upon counsel’s receipt of the Order assigning the case to the Business Court. The Rule also says that the fee is non-refundable in the event that the case is later remanded to Superior Court.