N.C. R. Prac. Super. & Dist. Ct. 5.2

As amended through June 18, 2024

Rule 5.2 - Status or Pretrial Conferences Required

Attorneys and unrepresented parties shall schedule a pretrial conference by contacting the Civil Court Coordinator for civil cases not otherwise exempted herein for appropriate status or pretrial conferences. Pretrial conferences may be waived by the consent of all parties or at the discretion of the Chief District Court Judge. Additionally, a pretrial conference shall not be required when a Pretrial Order has been submitted and consented to by both parties. The pretrial conference may be formal or informal, recorded or off the record, and in such detail as the court determines to be appropriate considering the amount in controversy, nature of the case, complexity of the issues, and need for pretrial resolution of contested questions.

A) Participation in and Purpose of Pretrial Conferences. Attendance at a scheduled Pretrial Conference is mandatory for the attorneys of record and all unrepresented parties. The purpose of a pretrial conference is, as follows:

a. to assist the attorneys, or parties, for trial preparation by narrowing the issues for trial or disposition of the case

b. to set deadlines for the completion of discovery

c. to determine the need for reference

d. to seriously explore the prospects of settlement of the case

e. to finalize proposed witness lists

f. to determine what facts can be stipulated and agreed upon for a final pretrial order

g. to address any requests for additional discovery

h. to set a date for trial for the matter or such additional pretrial conferences as are necessary.

B) The presiding Judge will order a final pretrial order to be completed and submitted by a certain date. Failure of the moving party to complete the order or failure of the opposing party to cooperate with providing the appropriate information/documents to complete the order may result in the imposition of sanctions.

C) Sanctions for Failure to Participate in Status or Pretrial Conferences. Failure to schedule a pretrial conference in accordance with these rules or to attend status or pretrial conferences is a serious breach of the local rules. Such failure may result in a dismissal of the responsible party's claim, limitation or exclusion of the responsible party's proffered testimony (either written or oral), or the imposition of other sanctions as provided by Rule 37 of the North Carolina Rules of Civil Procedure.

The following matters do not require status or pretrial conferences unless ordered by the Court in an individual case: uncontested divorces, hearings to show cause, hearings for temporary or emergency relief, attorney fees, domestic violence, U.I.F.S.A., IV-D, child support enforcement, or any matters that the Defendant(s) have failed to make an appearance either in person or by pleadings.

Parties shall use the local form titled Pretrial Conference Requests (Form PRE-T) to schedule a pre-trial conference.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5.2

Adopted December 21, 2022, effective 1/1/2023.