N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 12

As amended through June 18, 2024
Rule 12 - Administrative/Clean-Up Calendars
12.1 Location, Time and Matters For Administrative/Clean-Up Calendar: The Administrative/Clean-Up Calendar will be held in Courtroom 6350 on Friday's at 1:00 PM. The District Court Caseflow Coordinator will call the docket. Cases on the Administrative/Clean-up Calendar are scheduled for default, perfection of service, dismissal, filing of Orders, or other appropriate disposition as the Court determines.
12.2 Appearance Required for Administrative/Clean-Up Calendars: Parties are required to appear unless the matter has been removed by the Caseflow Management Division following receipt of an appropriate disposition, or a party schedules a hearing to move the case forward to trial.
12.3 Consequence for Failure to Act: Sanctions, including dismissal of claims, may be imposed by the Court if a party fails to appear for a case scheduled on a clean-up calendar and/or if a party fails to take the action recommended in the notice for the clean-up calendar hearing.
(a) Failure of Counsel to appear or to file defaults, delinquent orders, or judgments prior to the time the case is called will result in a recommendation for dismissal.
(b) Cases called on the calendar in which parties and/or attorneys fail to appear and/or fail to resolve the issues identified in their hearing notice will result in a recommendation for dismissal.
(c) The case file will be pulled and the Summary Sheet will be attached to the file and given to the judge assigned to preside in courtroom 6330 for the session when Administrative/Clean-Up Calendar is held. The Summary Sheet may contain a recommendation for the judge to dismiss the case or take other action.
12.4 Process In Cases Where Defendants Fail to File Timely Answers: If the answer is not filed within the allowed time, the party/counsel who filed the complaint SHALL do one of the following - (a) move for entry of default AND move for default judgment or request a trial date; (b) file and notice hearing on another dispositive motion such as judgment on the pleadings or summary judgment; or (c) obtain a trial date from the Caseflow Management Division. Where party/counsel fails to pursue options (a), (b), or (c), then case shall be scheduled on the hour (for example: 1:00 PM) and shall be placed on the Administrative/Clean-Up Calendar for a date at least 120 days from the service date. Absent good cause, this date shall not be extended. Once the answer has been filed, or once party/counsel has pursued options (a), (b), or (c), the case will be removed from the Administrative/Clean-Up Calendar.
12.5 Process Regarding Disposition of Cases: Cases for disposition are scheduled one minute past the hour (for example: 1:01 PM). If the appropriate disposition was already entered but not properly recorded by the Court, the party or counsel shall mail or fax a filed copy of the disposition to the Caseflow Management Division. If the appropriate disposition has not yet been entered, the party or counsel shall take necessary steps to ensure the disposition is entered prior to the calendar call.
12.6 Process Regarding Service Cases: Cases for judicial review are scheduled two minutes past the hour (for example: 1:02 PM). This setting includes cases for review of service and for status. If the case appears on the calendar for status, the parties/counsel shall advise the Caseflow Management Administrator of the requested status. If service has not been perfected as stated in Local Rules 14.1, 14.2 and 14.3, the case shall be considered delinquent and may be subject to dismissal.
12.7 Scheduling of Administrative/Clean-Up Calendar: Cases will not be scheduled for clean-up unless they are at least 120 days old. Cases will not be removed from the calendar unless file-stamped copies of the appropriate documents are provided to the Caseflow Management District Civil Case Coordinator. These documents must be delivered to Caseflow Management the Wednesday before the start of the session in order to be removed from the calendar. Phone calls the day of the Clean-up Calendar are NOT appropriate for removal of a case from this calendar.
12.8 Reviewing Files: Case files may be reviewed in the Clerk of Superior Court's Office (Room 3342) via either the file or the public terminals if the parties/counsel have questions about which issues remain pending and require further disposition.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 12

Revised 11/13/2015; effective 1/1/2016.