1.1 The purpose of these rules is to institute a case management system plan for the Superior Court Division, Judicial District 22B, in compliance with Rule 40(a), North Carolina Rules of Civil Procedure and Rule 2(a), General Rules of Practice for the Superior and District Courts and to provide for the orderly, prompt, and just disposition of civil matters.1.2 These rules are also an effort to modernize communication and to make clear that counsel should work together to seek resolutions before involving the Court. Electronic communication is preferred by the Court over mail, fax, and other paper communication. When seeking extensions of discovery deadlines, scheduling motions, setting trial dates, and seeking continuances, counsel should always attempt to reach agreement with opposing counsel before unilaterally seeking a decision from the Court.1.3 The Clerk of Superior Court ("the Clerk") will maintain a supply of the printed rules and the required associated forms and furnish them to attorneys and unrepresented parties upon request. These rules and appendices are available online at www.nccourts.gov.1.4 The administration of the case management plan shall be delegated to, and under the control of, the Superior Court Trial Court Coordinator (TCC) in accordance with the rules and under the supervision of the Senior Resident Superior Court Judge (SRSCJ), 22B Superior Court Judicial District.1.5 Counsel and unrepresented parties are under a continuing obligation to provide their current email address to the TCC. Email is the preferred method of communication. Email to and from the TCC shall constitute good service.1.6 These rules are not complete in every detail and will not cover all situations. If the rules do not cover a specific situation, the TCC is authorized to act after consultation with the Senior Resident Superior Court Judge or judge presiding during a session in which the particular case is before the Court.1.7Civil Court Sessions. All civil sessions will be scheduled annually as set forth in the Master Calendar published in the Fall of each preceding year. The Tentative Civil Calendar for each session will be published one month prior to the start of the session. If counsel or parties, including pro se parties, are appearing remotely, please refer to Section 12.0 and please sign in for calendar call at 10:00 a.m. on Monday. Those that do not respond will be presumed to be appearing in person on the hearing date. The Final Civil Calendar will be posted one week prior to the start of the session. The Court will conduct hybrid hearings, where allowed, so long as the parties agree and comply with the rules under Section 12.0.1.8 Pretrial/Administrative Calendars. Pretrial/Administrative sessions will be held during the first full week of the months of January and July each year. Tentative Pretrial/Administrative Calendars will be published six (6) weeks prior to the start of the session. Final Pretrial/Administrative Calendars will be published two (2) weeks prior to the start of the session and will schedule specific times for the parties to appear. ALL PRETRIAL/ADMINISTRATIVE HEARINGS WILL BE HELD VIA WEBEX. Parties shall sign in at least 15 minutes prior to the scheduled hearing time.1.9Civil Jury and Non-Jury Trials. All civil jury trial matters will be scheduled to commence on the Monday afternoon of each civil session and all cases will be called according to the order they appear on the Final Civil Calendar unless otherwise ordered by the Court. Any case listed on the Final Civil Calendar is subject to being called for trial during that session. As required by our Local Rules, the parties must submit a pre-trial order NOT LATER THAN THIRTY (30) DAYS prior to their trial date. The proposed order should include the anticipated duration of the trial. Jury trials will begin on Monday at 2:00 p.m. If the parties require a pre-trial conference, notice must be given to the Court in sufficient time for the Court to schedule and conduct the pre-trial conference not later than TWO WEEKS PRIOR TO YOUR TRIAL. Pre-trial conferences will be held via WEBEX. 1.10 The primary principle of our Local Rules is that every case shall have a scheduled court date or a mediation date shortly after commencement of the action. Typically, our TCC will begin the scheduling process 90 days following service. If any party has been served, the case moves forward. If no party has been served, then the case will be scheduled to review service and determine if publication is appropriate, if the matter should be dismissed for failure to prosecute, or some other action should be taken. A Calendar Request shall be simultaneously filed with the Clerk with any motion and a copy of the same should be provided to the TCC.
Nearly all cases should be resolved in twelve (12) months with condemnation, medical malpractice, and especially complex cases mostly being resolved within eighteen (18) months. If the parties wish to expedite the scheduling of their case, then they should request the same from the TCC. If a case fails to have a scheduled date at any time after being initially scheduled, then counsel or pro se parties shall so inform the TCC.
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1.0
Adopted August 15, 2022, effective 7/1/2023.