N.C. R. Prac. Super. & Dist. Ct. 11

As amended through June 18, 2024
Rule 11 - REMOVING INACTIVE CASES FROM TRIAL DOCKETS
11.1 By Request of the Parties

If all parties and attorneys in a case agree that the dispute between the parties is no longer active, that a trial of the case will not be necessary, and that the ends of justice will best be served by declaring the case inactive and removing it from the trial docket, they may prepare a joint motion to that effect and submit it with a proposed order for the approval and signature of the Senior Resident Superior Court Judge.

11.2 Contents of Proposed Order

The proposed order removing a case from the trial docket shall state the reasons why the parties contend justice will be promoted by the order and it shall contain an order that the case be declared inactive and the case file be closed without prejudice to any party's right to have the matter reopened upon a motion in the case. If the Judge allows the motion, he will sign the order and file it with the Clerk. If he does not allow it, he will return it with a notation that the motion is denied.

11.3 Removing Inactive Cases Without Request

The Senior Resident Superior Court Judge or any Presiding Judge may, of his own motion, declare a case inactive and remove it from the trial docket if it appears to him that the controversy between the parties no longer exists or that a trial of the matter will not be required. When a case is declared inactive by the Court's own motion, such ruling shall be without prejudice to any party's right to have the case reopened for further necessary proceedings.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 11

Adopted May 30, 2023, effective 5/30/2023.