N.C. R. Prac. Super. & Dist. Ct. 1.1

As amended through June 18, 2024

Rule 1.1 - In-Custody First Appearances

The first appearance for in-custody defendants charged with criminal offenses shall be scheduled in accordance with Subchapter VI of Chapter 15A of the North Carolina General Statutes.

The presiding judge shall:

A) Advise the defendant of the charges against them;

B) Advise the defendant of their right to counsel and determine the defendant's eligibility for court-appointed counsel;

C) Determine that the defendant or counsel has been furnished a copy of the process or order;

D) Determine or review the defendant's eligibility for release under state law and the local bail policy;

E) Comply with the law which now provides that a district court judge presiding over a first appearance must determine the sufficiency of charges not only for criminal offenses within the original jurisdiction of the superior court but also for charged misdemeanor offenses within the original jurisdiction of the district court G.S. 15A-604(2022).

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1.1

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