N.C. R. Prac. Super. & Dist. Ct. 2.1

As amended through June 18, 2024

Rule 2.1 - Appropriate Court Official

Rulings on any request for continuance made on the day of court for the session in which the case is calendared shall be the responsibility of the presiding trial judge of that court, subject to the delegations of authority specifically authorized in these rules.

A) Before any motion to continue is granted, the appropriate court official shall determine whether the matter is one in which a written record concerning counsel needs to be made. If required, the appropriate court officials shall take such action as is necessary to resolve the issue of counsel and ensure that the record affirmatively reflects that either counsel has entered an unlimited appearance for the District Courts, court-appointed counsel has been waived, or application for court-appointed counsel has been made.

B) The District Attorney may develop a listing of minor traffic offenses and infractions which he agrees may be initially continued by the Clerk of Superior Court, or his designees. This specifically does NOT include Impaired Driving offenses or other matters in which a written record concerning counsel is required.

C) For motions made within 180 days of the first setting and which are made on or before the day the case is calendared for trial, the Assistant District Attorney regularly assigned to the courtroom where the case is to be tried is the appropriate court official to whom the motion should be addressed, and the Assistant District Attorney is authorized to allow the motion for good cause satisfactory to the Assistant District Attorney without further intervention by the trial judge.

D) For all motions made after 180 days from the first calendaring, the judge presiding in the courtroom to which the case has been assigned is the appropriate court official to whom the motion should be addressed.

E) Requests for continuances in misdemeanor cases more than 180 days from the first calendaring of the case and made prior to the day of court on which the case is calendared, shall be made to the judge assigned to preside at that term of court, if available. If said trial judge is not available or is not known at the time the request is made, the motion for continuance shall be made to the Chief District Court Judge or her designees.

F) For any contested motion or for any motion to which the clerk or district attorney cannot consent as authorized herein above, the motion must be directed to and heard by the presiding judge or the Chief District Court Judge if no judge is presiding at the time the motion needs to be heard. There shall be no ex-parte approaches to any judge for a continuance without written authorization by the opposing party.

G)Felony cases that are pending in District Court must be disposed of by plea to a lesser charge, indictment, probable cause hearing and transfer, dismissal, deferred prosecution, or by any other appropriate means within 180 days of the defendant's first appearance. Felony cases pending in District Court exceeding this time frame shall not be continued further without a finding of extraordinary cause by the presiding judge.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 2.1

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