N.C. R. Prac. Super. & Dist. Ct. 7.1

As amended through June 18, 2024

Rule 7.1 - General Continuance Rules

To be considered timely made, a motion to continue a case which has been calendared must be filed in writing on the form AOC-CV-222, directed to the judge assigned to preside with a copy delivered to the Civil Court Coordinator; and must, absent good cause, be filed by 9:00 a.m. within two days of the beginning of the session at which the case is set. The Civil Court Coordinator will maintain an updated calendar and record thereon the status of cases, including special circumstances which will enable other parties to determine which cases have been continued or settled. The procedure for obtaining a continuance depends upon the age of the case as follows:

A) Cases Pending under 120 days: Any matter which has been calendared with the consent of all parties may be continued by the consent of all parties if the case has been pending for 120 days or less, provided the consent to the continuance is in writing and delivered to the Civil Trial Court Coordinator by 9:00 a.m. within two days of the beginning of the session at which the case is set.

B) Cases Pending between 120 and 180 days: Cases which have been pending more than 120 days, but less than 180 days may ordinarily be continued by consent; however, notice and an opportunity for the Civil Court Coordinator to object to the continuance shall be given by 9:00 a.m. within two days of the beginning of the session at which the case is set. If the Civil Court Coordinator objects, then a conference shall be scheduled with the trial judge and the court will enter such order as is appropriate.

C) Cases Pending more than six months: Cases which have been pending for more than 180 days and which have been set by the Civil Court Coordinator may not be continued without the consent of the Civil Court Coordinator unless ordered by a judge. Requests for continuances shall be submitted in writing, and the Civil Court Coordinator shall inform counsel promptly whether the request has been granted or denied. If any party objects to the action of the Civil Court Coordinator, a written request that the court review the action of the Civil Court Coordinator must be promptly delivered to the judge who is scheduled to preside over the term. The request for a review of the Civil Court Coordinator's action must state in detail the reason why the action should be modified.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7.1

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