Rule 3.0 - CALENDARING OF MOTIONS3.1 The TCC shall calendar motions for hearing.3.2 Unless the Court calendars the matter on its own, all motions filed with the Court must be accompanied by a Calendar Request that shall be filed with the Clerk. (APPENDIX C). No case shall be placed on a calendar unless that Calendar Request has been served on all parties. Counsel and/or any unrepresented party shall file a written "Notice of Hearing" (NOH) with the Clerk in compliance with the minimum statutory requirements provided in the North Carolina Rules of Civil Procedure. In order to appear on the published calendar, a Calendar Request for a motions hearing must be received by the TCC's office at least ten (10) days prior to the requested session. Motion requests received within ten (10) days of the requested session will be added to the motions calendar at the TCC's discretion, if all counsel and/or any unrepresented party waive the minimum statutory notice requirement provided in the North Carolina Rules of Civil Procedure. Failure to provide the TCC a copy of the Calendar Request may result in the case not being calendared. If a Calendar Request is not filed and submitted to the TCC, then the TCC shall schedule the matter for the next available administrative session. 3.3 The Notice of Hearing (NOH) and Calendar Request shall specify the name and address of all counsel and/or any unrepresented party. A copy of the NOH shall be served upon all opposing counsel and/or any unrepresented party and shall serve as due notice.3.4 Approximately one week prior to the session, duly noticed motions shall appear on a printed calendar, distributed to counsel by posting on the web at www.nccourts.org . (See directions, RULE 2.2). Distribution to any served, but unrepresented party, shall be by email, or where email addresses are not made available to the TCC, by U.S. Mail.3.5 In order to remove a motion before the session begins, the moving party must notify the TCC, in writing via fax or email, but only after obtaining the consent of all counsel and/or any unrepresented party. Notice to the TCC shall designate whether the party is withdrawing the motion altogether or requesting a continuance of the hearing. If the party is requesting a continuance of the hearing, and all parties consent, the party making the request may file an amended Notice of Hearing. If all parties do NOT consent, the party making the request must file form AOC-CV-221, "Motion and Order for Continuance (Civil Superior Cases)" (APPENDIX D), to be considered by the Court.3.6 Failure to duly calendar a motion under these rules shall not be used as a basis for a continuance from a future trial calendar.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 3.0
Adopted August 15, 2022, effective 7/1/2023.