Rule 6 - Appearances by Attorneys6.1 Attorneys should always identify themselves to the Court and any nonlocal attorney MUST provide the courtroom clerk with a business card and their North Carolina State Bar number.6.2 An attorney making an appearance in ANY criminal/infraction proceeding in District Court, is considered to have made a general appearance unless the appearance is limited in writing pursuant to N.C.G.S. 15A-14. Attorneys who seek to withdraw MUST do so as soon as practicable to ensure new counsel can efficiently and effectively resolve the matter. Any conflict that arises between an attorney and his/her client should be addressed by the filing of a Motion to Withdraw pursuant to N.C.G.S. J 5A-144 and may be granted upon a showing of good cause.An allowed withdrawal of an attorney in a case will not guarantee a continuance of the case(s).
6.3 An attorney may make a general appearance, on any criminal matter, in district court without the defendant being present. The general appearance of an attorney will not guarantee a continuance of the case(s).
6.4 Attorneys that have matters pending in more than one trial court, to include but not limited to, administrative hearings/courts, juvenile court, probate matters, small claims matters, hearings in front of the Clerk, superior court, federal court, or any appellate court on the state or federal level, are responsible for notifying the district attorney and/or the deputy/assistant clerk in district court of their conflict, before court starts, AND their anticipated arrival time to resolve their pending matters. Attorneys are encouraged to indicate whether their matter is for plea, trial, or motion to continue in order to promote efficiency and to properly utilize court time. Notice should be sent in writing, (fax or email), however, should the need arise, and written notice is not practicable, due to time constraints or unforeseen circumstances, electronic communication (text) is acceptable, if it is a common form of communication with the district attorney and/or courtroom clerk. All attorneys should be familiar with Rule 3. 1 of the General Rules of Practice for District and Superior Courts, which outlines guidelines for resolving scheduling conflicts.6.5 Attorneys appointed to represent indigent defendants will be provided notification of the appointment from the Clerk within 48 hours after the order is signed by the Presiding District Court Judge. Once appointed, attorneys are encouraged to make contact with their newly appointed client as soon as practicable. If the defendant is in custody, the attorney SHALL make all reasonable efforts to meet and confer with their client, in person ( or by video teleconference), at the facility in which they are incarcerated, within 72 hours of the appointment, pursuant to the North Carolina Commission of Indigent Defense Services "Performance Guidelines for Indigent Defense Representation in Non-Capital Criminal Cases at the Trial Level".6.6 Any attorney appointed as interim counsel OR appointed by the capital defender's office to represent a defendant charged with First Degree Murder or an Undesignated Degree of Murder, SHALL immediately make contact with the defendant in the facility at which the defendant is incarcerated, AND advise the defendant of his/her rights.6.7 The clerk is to ensure that the shuck accurately reflects the name of any attorney who makes a general appearance, a limited appearance, OR who has been court appointed to represent a criminal defendant. If an attorney is subsequently allowed to withdraw, the clerk shall strike the name of the withdrawing attorney and replace it with the new attorney's name if applicable.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6
Amended effective 1/5/2023.