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North Carolina Court Rules
North Carolina Rules of Practice for the Superior and District Courts Supplemental to the Rules of Civil Procedure
First Judicial District - District Court Local Rules of Criminal Procedure
Rule 4 - Sessions of Criminal Court

N.C. R. Prac. Super. & Dist. Ct. 4

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As amended through June 18, 2024
Rule 4 - Sessions of Criminal Court
4.1 All criminal district courts in the 1st Judicial District are created and scheduled by the Chief District Court Judge or his designee after consultation with the District Attorney. Should the need arise to add a session of district criminal court, the Chief District Court Judge, after consultation with the District Attorney and Clerk of Court of the relevant County, will issue an administrative order creating and scheduling the court.
4.2 Criminal sessions of district court shall operate as designated by the Chief District Court Judge or his designee.
4.3 Criminal sessions of court SHALL begin at 9:30am and continue until the Court's business is concluded or until 5:00pm, whichever occurs first. In extenuating circumstances, should a need arise for a session of court to extend beyond 5:00pm, the presiding judge SHALL consult with the court staff/personnel affected to ensure that there will not be any undue hardship placed on court staff. If, due to time constraints, the presiding judge is involved in a trial at the time the courthouse closes, and the judge doesn't feel that the matter will be concluded in a reasonable amount of time, the presiding judge may, at his or her discretion, continue the matter to another criminal session of court to conclude the matter.
4.4 ALL persons charged with a felony, SHALL have a first appearance within 72 hours or at the next regular session of criminal court, whichever occurs first. If there is not a session of criminal court scheduled within 72 hours after the arrest, the Clerk of Superior Court, in conjunction with the Sheriff, SHALL ensure that the defendant(s) be taken before a district court judge presiding at any other session of District Court. In the event there is no District Court scheduled within 72 hours after the defendant's arrest, the Clerk of Superior Court shall conduct a first appearance for the defendant as allowed by NC. G.S. 15A-601(e). In the event the courthouse is closed for a period of time greater than 72 hours, whether resulting from a natural disaster, pandemic, or holiday closure, first appearances SHALL be held within 96 hours after the defendant's arrest. Under no circumstances shall a first appearance be delayed for more than 96 hours. Any defendant charged with a felony, SHALL have a first appearance pursuant to N.C.G.S. 15A-601 and N.C.G.S. 7A-453.
4.5 All persons charged with a misdemeanor, who are unable to comply with the pretrial release conditions set by a judicial-official, AND who have been in custody for a period of 72 hours, SHALL have a first appearance in front of a District Court Judge during the next available regular session of criminal court, as outlined above under 4.4. In the event the courthouse is closed for a period of time greater than 72 hours, whether resulting from a natural disaster, pandemic, or holiday closure, first appearances SHALL be held within 96 hours after the defendant's arrest. Under no circumstances shall a first appearance be delayed for more than 96 hours. It shall be the responsibility of the Clerk of Superior Court and the Sheriff to ensure that ALL persons charged and in custody have a first appearance in compliance with N.C.G.S. 15A-601 and N.C.G.S. 7A-453. The presiding district court judge shall advise the defendant of the charges against him/her, address the appointment or waiver of counsel, set or review conditions of pretrial release, and notify the defendant of his/her next court date. With the consent of the defendant, District Attorney and the Court, a defendant may waive counsel and tender a plea of guilty or nolo contendere on certain misdemeanor offenses. Any defendant charged with a domestic violence offense, or any crime included in the Crime Victims' Rights Act (CVRA), shall not be allowed to plead guilty at this first appearance unless the District Attorney has had an opportunity to comply with the CVRA, and has in fact notified the victim, and the district attorney consents to the entry of the plea.
4.6 ALL persons arrested or cited for a probation violation, whether pending in district court or superior court, shall have their court date set as soon as possible. ALL persons arrested for a probation violation that have not been released from detention, MUST be brought before a district court judge for a preliminary probation violation hearing to determine if there is probable cause to believe that the defendant has violated a condition of probation, pursuant to N.C.G.S. 15A-1345(c). If probable cause is found, then the presiding district court judge shall ensure that the matter is properly scheduled in the appropriate court, and the presiding district court judge may revisit pre-trial release unless the pre-trial release conditions were set by a superior court judge. If the presiding district court judge does not find probable cause, then the probationer MUST be released pursuant to N.C.G.S. 15A-1345(c).
4.7 The clerk's office and the detention facility SHALL ensure that there is a policy and procedure in place for the arrested probationer to have access to the court if the probationer has failed to meet the terms and conditions of pre-trial release.
4.8 Magistrates are to ensure that ALL felonies and misdemeanors arising out of the SAME transaction and circumstances be set for first appearance on the same date. This will allow the district court judge presiding over the first appearance to advise the defendant on ALL related pending matters.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4

Amended effective 1/5/2023.