N.C. R. Prac. Super. & Dist. Ct. 1

As amended through June 18, 2024

Rule 1 - General Provisions

1.1 The purpose of these rules is to institute a Criminal Docket Management System (CDM) that will provide for the orderly, prompt and just disposition of criminal matters in the Judicial District 13 A as well as the 15^th Prosecutorial District. It is intended that matters addressed pursuant to this system be resolved in a fashion so as to protect the interests of Judicial District 13A and the rights of victims of crime, under N.C.G.S. 15A-830.5 and Article I Section 37 of the North Carolina State Constitution, as well as to ensure that the rights of criminal defendants are preserved.

1.2 The calendar for the disposition of criminal cases in Judicial District 13A, Superior Court Division, shall be set and maintained by the District Attorney in accordance with these rules. The District Attorney shall establish and maintain a case tracking system to monitor the number, age, type and procedural status of all pending cases. (As used in these rules, the term District Attorney" shall include the elected District Attorney for the Fifteenth Prosecutorial District and his or her designees.)

1.3 These rules shall be construed in accordance with the Constitution of the United States, the Constitution of North Carolina and the North Carolina General Statutes so as to facilitate the proper administration of justice and to avoid technical delay.

1.4 It is recognized that these rules are not complete in every detail and will not cover every situation which may arise. In the event these rules do not address a specific matter or issue, the District Attorney is authorized to act in his or her discretion, subject to the laws and Constitutions of North Carolina and the United States, and after consultation with the Senior Resident Superior Court Judge. If the Senior Resident Superior Court Judge is unavailable, then the District Attorney may consult with the Superior Court Judge presiding in this judicial district.

1.5 These rules shall be filed in the office of the Clerk of Superior Court of Bladen and Columbus Counties and may be cited accordingly.

1.6 Upon their filing pursuant to Rule 1.5, the Clerk of Superior Court shall distribute a copy of these rules to each member of the Bar of Judicial District 13 A. The Clerk of Superior Court shall maintain a supply of printed rules to be provided to attorneys upon request.

1.7 The Clerk of Superior Court shall provide a file number for each case at the time of indictment. That file number shall be designated on all subsequent pleadings and papers filed with the Clerk, as well as all subsequent communications to opposing counsel, parties, or court personnel. All pleadings in a case, all motions and all documents needed to comply with these rules shall be filed with the Clerk.

1.8 The provision of these rules shall apply to all Superior Court cases pending on June 1, 2022, and all cases initiated after that date.

1.9 These rules shall not apply to cases designated as "Exceptional" by a presiding Superior Court Judge, or by agreement of the parties. Cases which may be designated as Exceptional" include, but are not limited to. First Degree Murder cases, complicated drug trafficking or drug conspiracy cases, cases involving multiple defendants or victims, complicated white-collar crimes, those cases requiring extraordinary scientific investigation, and those cases involving complicated evidentiary or legal issues.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1

Adopted April 8, 2022, effective 4/8/2022.