Rule 14.0 - MISCELLANEOUS14.1Pro Hac Vice. Motions to be admitted Pro Hac Vice must be accompanied by the fee required by the North Carolina General Statutes, together with an appropriate affidavit that the attorney seeking Pro Hac Vice status is a member in good standing in every jurisdiction in which the attorney is licensed to practice, has not been disciplined in any of the jurisdictions where the attorney is licensed to practice, has never had a Pro Hac Vice status revoked by law tribunal, and is not the subject of any pending disciplinary proceedings. Local counsel shall sign an affirmation that he/she will comply with Rule 5.5(c)(4) and 5.5(e)(5) of the Revised Rules of Professional Conduct of the North Carolina State Bar. Motions not accompanied by the fee will be denied without notice. Should a motion not accompanied by the fee be inadvertently allowed, the Order allowing admission will be revoked without notice.14.2Notice of Appearance. Any attorney filing a Notice of Appearance, Substitution of Counsel, or similar document shall provide a copy to the TCC (via email) when the motion is filed.14.3Service. A party filing a lawsuit is expected to promptly undertake reasonable efforts to obtain personal service on all defendants. If service is not obtained within five months after undertaking reasonable efforts, the party shall seek service by publication. Failure to undertake reasonable efforts to obtain service or to prevent summonses from expiring will result in dismissal for failure to prosecute. If any party to the lawsuit has been served, then the TCC shall send an Order for Mediated Settlement Conference pursuant to Rule 2.0 of the Local Rules of Practice for Superior Civil Cases. Cases shall not be delayed for lack of reasonable efforts to serve all parties.
14.4Voluntary Dismissals. If a party files a voluntary dismissal of a case, claim, or party and the case is on a calendar within 10 days of the dismissal, the party filing the dismissal shall immediately deliver a filed copy to each opposing party and to the TCC on the date the dismissal is filed, by facsimile, hand-delivery, or electronic transmission.14.5Orders Submitted. The draft order shall be first submitted to all counsel and/or unrepresented parties in the action with notice to respond within 10 days to any objections to the form of the Order. Within 30 days of hearing, the draft should be submitted to the TCC with any proposed revisions or confirmation that the draft was approved. If there is no response, then that should be noted via email to the TCC when it is submitted. The TCC shall be responsible for forwarding the draft order to the Presiding Judge unless the Presiding Judge directs otherwise. 14.6 Secured Leave. Pursuant to Rule 26, General Rules of Practice for Superior and District Courts, attorneys may designate periods of secure leave. Attorneys appearing in cases pending before the civil Superior Court of Davidson or Davie County must submit their Notice of Secured Leave (APPENDIX J) to the Clerk of Superior Court's office for filing and provide a filed copy to the SRSG or TCC via email or regular mail. Notices of Secured Leave should be sent to the following address: Davidson County
Clerk of Superior Court
Attn: Estates Division
P.O. Box 1064
Lexington, NC 27293-1064
Davie County
Clerk of Superior Court
Attn: Civil Division
140 S. Main St.
Mocksville, NC 27028
Secured leave designations are not filed in the court files and should not contain a case number. The TCC will enter the information into a database used to track periods of secure leave. While this provision relates to secured leave periods for lawyers involved in civil superior cases, it is also not necessary to provide forms to the SRSQ or TCC related to criminal matters. The Clerk shall forward Notices of Secured Leave filed with her/him to the TCC. Of course, notice to the District Attorney should be provided as set forth in Rule 26, General Rules of Practice for Superior and District Courts.
Policy and procedures described herein are not exclusive. In extraordinary circumstances, the time limitations for notification of designated weeks may be waived by the Court when attorneys have been faced with particular or unusual situations. Furthermore, attorneys shall be able to make other requests to be excused from appearing before the Court for personal professional reasons.
14.7Motions to Withdraw. Motions to withdraw must include a certificate of service showing service on the client from whom representation is being withdrawn. The motion also must indicate whether all parties consent or if any party opposes the motion. The motion and proposed order must set forth the name and address of substitute counsel, or if not known, the current address of the party from whom representation is being withdrawn. No action will be taken on a motion and proposed order that does not include this information. If the motion to withdraw is granted, the withdrawing attorney must serve a copy of the signed order on the TCC. 14.8Guidelines for Resolving Scheduling Conflicts. Rule 3.1, General Rules of Practice for the Superior and District Courts, should be followed. Unless necessity requires, it is unacceptable for counsel to point out conflicts to the Court without providing the Court ample time to resolve the same. Rule 3.1(b) requires counsel to "promptly give written notice" when the attorney learns of a scheduling conflict.14.9Conferences. The Court welcomes the opportunity to conduct scheduling or pre-trial conferences when the parties think doing so would be helpful. To request a conference, either in court, in chambers, or by telephone, please contact the TCC by email. The Court also reserves the right to request conferences. 14.10Rule 12 and Professional Courtesy. Rule 12, General Rules of Practice for the Superior and District Courts, shall be strictly enforced. Counsel and unrepresented parties should treat others as they want to be treated.14.11Cases Under Advisement. Attorneys or unrepresented parties should notify the TCC of cases that have been heard and taken under advisement when a period of more than 90 days has passed since the hearing without a ruling. The TCC shall then contact the presiding Judge to seek an update from the parties as to when an anticipated decision will be forthcoming.14.12Transcripts/Electronic Recordings of Court Proceedings. Requests for transcripts of court proceedings shall be made to the Resident Court Reporter of Judicial District 22B. If a court proceeding was electronically recorded, a request for the recording shall be made to the Clerk of Superior Court. An electronic recording of the hearing and a list of persons authorized and approved to prepare a transcript will be provided. For recordings of Remote or Hybrid Hearings, see Sect. 12 above.14.13Requests for Accommodations Under the Americans with Disabilities Act.The court shall ensure the rights of any individual that require a reasonable accommodation under the Americans with Disabilities Act. Reasonable accommodations are determined on a case-by-case basis and may include, but are not limited to, the use of licensed interpreters (e.g., sign language interpreters, deaf blind interpreters), periodic breaks, or captioning. Reasonable accommodation requests should be submitted to the Disability Access Coordinator, either in-person at the Office of the Clerk of Superior Court, via telephone at 336-242-6704, by email at Davidson.DAC@nccourts.org, or via online request form at https://www.nccourts.gov/form/disability-access-request. Such requests should be submitted as soon as the attorney/party is aware of the need for an accommodation to allow sufficient time to review the request and arrange for a reasonable accommodation.
14.14Effective Date. These rules shall be effective July 1, 2023.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 14.0
Adopted August 15, 2022, effective 7/1/2023.