N.C. R. Prac. Super. & Dist. Ct. 8.6

As amended through June 18, 2024

Rule 8.6 - Evaluation of Motions for Continuance

Factors to be considered by the appropriate court official when deciding whether to grant or deny a motion for continuance should include:

A) the effect on children and spouses if the issue is continued and not resolved;

B) whether there is in effect a temporary order dealing with the issue that is the subject of the continuance request;

C) the impact of a continuance on the safety of the parties or any other persons;

D) whether the issue has been identified statutorily as an issue which should be addressed expeditiously, e.g., child support, post-separation support, etc.;

E) the age of the case or motion;

F) the status of the trial calendar for the session;

G) the number of and grounds for previous continuances;

H) for whom previous continuances were granted;

I) the extent to which counsel had input into the scheduling of the trial date;

J) the due diligence of counsel in promptly making a motion for continuance as soon as practical;

K) whether the reason for continuance is a short-lived event which would resolve prior to the scheduled trial date;

L) whether the basis of the motion is the existence of a legitimate conflict with another court setting;

M) the period of delay caused by the continuance requested;

N) the position of opposing counsel or unrepresented parties;

O) whether the parties themselves consent to the continuance;

P) present or future inconvenience or unavailability of witnesses/parties;

Q) consideration of the financial consequences to the public, the parties, the attorneys, and the witnesses if the case is continued; and

R) any other factor that promotes the fair administration of justice.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8.6

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