Rule 6.2 - Cases Set by the Court for Status ReviewIn cases in which service has not been perfected on all defendants and one hundred sixty (160) days after the filing of the Complaint has expired without the automated civil case processing system ("VCAP") automatically closing the case, the Civil Court Coordinator shall calendar the case on the next available status review date. The Civil Court Coordinator shall file and serve a Notice of Hearing on all parties in cases that have been scheduled for status review.
A) First Status Review Hearing. At the first status review hearing, the Court will inquire of the plaintiff as to why service has not been completed. If the plaintiff has not made diligent efforts to locate and serve all defendants, the Court may, on its own motion, dismiss the Complaint without prejudice as to the unserved defendants for failure to prosecute the action. If the plaintiff has made diligent efforts to locate and serve all defendants, the Court will continue the status review hearing to the next available status review date to give Plaintiff sufficient time to complete service by some other means (such as publication).B) Subsequent Status Review Hearing. At any subsequent status review hearing, if the plaintiff has not made diligent efforts to serve all defendants, the Court may, on its own motion, dismiss the Complaint as to the unserved defendants without prejudice for failure to prosecute the action. In lieu of dismissing the Complaint, if there is no active alias and pluries summons for any unserved defendant, the Court may enter an Order of Discontinuance as to the unserved defendant(s).N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6.2
Adopted December 21, 2022, effective 1/1/2023.