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High Impact

North Carolina Enacts Government Agency Forum Selection Act and Restricts Attorney General Litigation

Original title: Civil Actions/State Agency and AG Litigation.

Last action · May 6, 2025: Re-ref Com On Rules, Calendar, and Operations of the House (House action)Sponsors: Hugh Blackwell and 5 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

North Carolina requires state and local government agencies to file civil lawsuits in state court whenever concurrent federal jurisdiction exists, bans the removal of state-defendant cases to federal court, and prohibits the Attorney General from arguing for the invalidation of state statutes in out-of-state litigation.

Why it matters

State and local government entities must alter where they initiate civil litigation, and the Attorney General is restricted from advancing legal arguments in other jurisdictions that would invalidate North Carolina statutes.

Background
  • The North Carolina General Assembly periodically enacts statutory updates governing civil litigation involving state agencies and the scope of the Attorney General's legal representation. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

State of North Carolina

State agencies must file civil lawsuits in state court rather than federal court when concurrent jurisdiction exists and are barred from removing cases.

Directly affected

local political subdivisions

Local government entities must abide by state court forum selection rules for civil actions and cannot remove cases to federal court.

Directly affected

Attorney General

The Attorney General is restricted from advancing arguments in out-of-state litigation that would invalidate any North Carolina statute.

Key Facts

  • State and local political subdivisions must bring civil actions in State court when concurrent jurisdiction exists with a federal court.
  • State and local agencies may file in federal court only when the federal court has exclusive jurisdiction over the subject matter.
  • State and local entities named as defendants in civil actions are prohibited from seeking or consenting to removal from State court to federal court.
  • The Government Agency Forum Selection Act exempts agents of the State acting under G.S. 1-72.2 or G.S. 120-32.6.
Show all 6 facts
  • The Attorney General is prohibited from advancing any argument in out-of-state state or federal court litigation that would invalidate any statute enacted by the General Assembly.
  • The provisions of the newly enacted Article are declared to be severable.

Frequently Asked Questions

Can the State remove a civil lawsuit from State court to federal court if it is a defendant?
No, the State or its local political subdivisions are prohibited from seeking or consenting to the removal of an action from State court to federal court.
What restrictions are placed on the Attorney General regarding out-of-state litigation?
The Attorney General cannot advance any argument as a party, , or participant in any out-of-state state or federal court that would result in the invalidation of a North Carolina statute.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

5 actions
  1. May 6, 2025House
    Re-ref Com On Rules, Calendar, and Operations of the House
  2. May 6, 2025House
    Reptd Fav Com Substitute
  3. Apr 14, 2025House
    Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
  4. Apr 14, 2025House
    Passed 1st Reading
  5. Apr 9, 2025HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Mandatory State Court Forum Selection

The legislation establishes a strict public policy requiring state and local entities to prioritize state courts for civil litigation when concurrent jurisdiction exists.

Connected Entities

State of North Carolina, Attorney General, General Assembly of North Carolina
locationState of North Carolina“Jurisdiction establishing the forum selection act”Map →
PersonAttorney General“State official whose litigation participation is restricted”Map →
OrganizationGeneral Assembly of North Carolina“Legislative body enacting the statute”Map →

Sources

Analysis Score

0–100
  • Significance75
    How much this matters to a regular citizen
  • Controversy65
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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