1.1 The purpose of these rules is to institute a case management plan for the Superior Court Division, Judicial District 25, 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 without unnecessary appearances and expense.1.2 These rules are also to modernize communication and 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 available upon request. These rules and appendices are also 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 Judicial Support Staff (JSS) in accordance with these rules and under the supervision of the Senior Resident Superior Court Judge (SRSCJ), Superior Court Judicial District 25.1.5 Counsel and unrepresented parties are under a continuing obligation to provide their current email address to the JSS. Email is the preferred method of communication. Email to and from JSS (Megan.Trivette@nccourts.org & Julie.k.Via2@,nccourts.org) 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 JSS 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.1.7 ADMINISTRATIVE/NON-JURY WEEKS. All administrative motion and non-jury matters will be scheduled the first full week of each month beginning on the first Monday at 10:00 a.m. There will be no calendar call and all participants are asked to sign on at your scheduled time only. You should communicate by email to the Court Coordinator (CC) (Julie.k.Via2@nccourts.org ) your scheduling preferences for these matters. Our Court will do its best to accommodate your choice. Those that do not respond will be given an assigned time slot without further input from counsel. The Administrative Final Calendar with Scheduling will be posted one week prior to the start of the session. The Court will not conduct hybrid hearings (some in-person some remote). With good cause, any party may petition in writing for an in-person hearing. Absent extraordinary circumstances, any request for an in-person hearing must be made five business days prior to the scheduled session.1.8 JURY TRIAL WEEKS. All jury trial matters will be scheduled on the second full week of each month and all cases will be called according to the order they appear on the jury trial calendar unless otherwise ordered by the Court. The parties must submit a pre-trial order by WEDNESDAY prior to their trial date. The proposed order should include the anticipated duration of the trial. Jury trials will begin on Monday at 10:00 a.m. There will be no calendar call. All pre-trial conferences will be held via WEBEX TWO WEEKS PRIOR TO TRIAL.
1.9 The primary principle of our Local Rules is that every case shall have a scheduled court date shortly after 120 days of commencement of the action. After 120 days, our Judicial Support Staff will begin the scheduling process. 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 shall be provided to the Court Coordinator.
Nearly all cases should be resolved in twelve months with condemnation, medical malpractice, and especially complex cases mostly being resolved within eighteen months. If the parties wish to expedite the scheduling of their case, then they should request the same from the Court Coordinator. If a case fails to have a scheduled date at any time after 120 days of filling, then counsel or pro se parties shall so inform the Judicial Support Staff.
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1.0
Adopted December 29, 2023, effective 1/1/2024.