N.C. R. Prac. Super. & Dist. Ct. 9

As amended through June 18, 2024

Rule 9 - Motions for Continuances

9.1 All motions for continuances should be in writing, filed and delivered to the office of the Senior Resident Superior Court Judge and to opposing counsel not later than noon on Wednesday proceeding the session in which the trial is calendared. Oral motions or motions filed out of time must show good cause for the failure to file a timely written motion.

9.2 In ruling on a motion for continuance, the Senior Resident Superior Court Judge will consider the following factors:

a) The age of the case;

b) Whether the defendant is in custody, and, if so, the length of the defendant's pretrial incarceration;

c) Whether the defendant has co-defendants;

d) The number of times the case has previously appeared on a trial calendar;

e) Whether or not opposing counsel consents or opposes the continuance;

f) Whether the case is a victim's rights case under N.C.G.S. 15 A-830.5 and Article I Section 37 of the North Carolina State Constitution, and

g) The opposing counsel's position as to when the trial should be rescheduled if continued.

9.3 The Senior Resident Superior Court Judge shall issue a ruling on the motion to continue as soon as reasonably possible after consideration of the reasons for the continuance request, the age of the case, the pre-trial detention status of the defendant, and the number and type of other trial matters present on the trial calendar for the session. In the event the Senior Resident Superior Court Judge is unavailable due to rotation, sickness, or vacation, any other judge designated by the Senior Resident Superior Court Judge may rule on continuance motions.

9.4 No case shall be continued without rescheduling the trial to a date certain, except in a case of extreme and unusual circumstances.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9

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