N.C. R. Prac. Super. & Dist. Ct. 6.0

As amended through June 18, 2024

Rule 6.0 - CONTINUANCE POLICY

6.1 Any motion to continue must be submitted to the SRSCJ for signature before filing using AOC-CV-221 "Motion and Order for Continuance of Civil Superior Cases" (APPENDIX H). Opposing counsel and/or pro se parties must be notified of the motion to continue prior to the delivery of the motion to the JSS. No continuance shall be granted solely because all parties agree. Motions to continue a case set for trial are generally disfavored and will not be granted, absent good cause shown.

6.2 Any motion to continue must be in writing and contain the following information;

a. Caption and file number of the case;

b. Session at which the case is set;

c. The basis for the motion;

d. The number of times the case has previously been continued;

e. A certification that the moving party conferred, or attempted in good faith to confer, with all opposing counsel and unrepresented parties before filing the motion, and a statement of whether the motion is opposed; and

f. A proposed session within 90 days for the rescheduling of the case.

6.3 Timing. A motion to continue must be filed no later than 5 days before the first day of the session of court in which the case is set. Motions to continue filed thereafter will notbe considered until the calling of the calendar, except where the motion reflects extreme hardship or extraordinary circumstances. Parties who are moving to continue a case set for trial should be prepared to move forward with trial in the event the motion to continue is denied. Before the date of trial, only the Senior Resident Superior Court Judge or his/her designee may rule on a motion to continue a case set for trial. The Court Manager shall have authority to act on behalf of the SRSCJ. Any decision of the JSS can be appealed in writing to the SRSCJ within 24 hours.

6.4 Objections to motions to continue must be in writing and submitted to the JSS within 3 days of receipt of the motion to continue. Objections not made within 3 days are considered waived.

6.5 If a case is not reached for motions, trial or mistried, counsel and unrepresented parties may submit an agreed-upon date for rescheduling to the JSS no later than close of business on the first Friday following the session of court in which the case was originally set. If counsel and unrepresented parties fail to submit such an agreed-upon date, the case shall be reset by the CC.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6.0

Adopted December 29, 2023, effective 1/1/2024.