N.C. R. Prac. Super. & Dist. Ct. 2.6

As amended through June 18, 2024

Rule 2.6 - Evaluations of Motions for Continuance

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

A) the opportunity to exercise the right to effective assistance of counsel;

B) the age of the case and seriousness of the charge;

C) the incarceration status of the defendant;

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

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

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

G) the number and grounds for previous continuances;

H) the due diligence of counsel in promptly making a motion for continuance as soon as practicable and notifying opposing counsel and witnesses;

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

J) the presence of witnesses and availability of witnesses for future sessions;

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

L) for whom previous continuance(s) were granted;

M) the availability of counsel;

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

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

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 2.6

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