N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9

As amended through June 18, 2024

Rule 9 - Continuances

9.1 Trial Slot Importance: Trial slots are a scarce resource. Parties/counsel must have an ethical and a professional responsibility to ensure that this resource is wisely managed. Continuances will NOT be granted except upon a showing of good cause. The advance notice provided to parties/counsel by the Court is deemed as a reasonable and sufficient opportunity to accommodate the majority of conflicts.

9.2 Timing for Requests and Objections: Motions for continuance of trials and objections to continuances must be submitted in a timely fashion:

(a) Requests Should Not Be Delayed: Parties/counsel should move for a continuance at the earliest time it is known that a continuance will be needed. Timeliness will be a major determinant in any ruling.

(b) Request Deadline: Motions for continuance shall be submitted in writing on Form CCF-5A and CCF-5B to the Caseflow Management District Civil Case Coordinator no later than noon on the Wednesday proceeding the first day of the session on which the case is set for trial or hearing. The original and one copy, together with a self-addressed, postage-paid envelope, shall be submitted to the Caseflow Management District Civil Case Coordinator. If the request for continuance is for a court ordered arbitration hearing, the motion and order for continuance must be submitted to the ADR Coordinator in the Caseflow Management Division no later than 72 hours before the date and time of the scheduled arbitration.

(c) Requests After the Deadline: Continuance requests related to circumstances arising after the Wednesday deadline shall also be presented to the Caseflow Management Division in writing on Form CCF-5. The Caseflow Management District Civil Case Coordinator will attempt to contact opposing counsel if his or her position is not known and a decision is required prior to the end of the specified two-day period. Once all relevant information has been received and reviewed, the Caseflow Management District Civil Case Coordinator will rule on the motion and notify moving counsel/party, who is then responsible for notifying opposing counsel/parties. Continuance requests received after the Wednesday deadline for reasons known before that time will be summarily denied.

(d) Objections: Any objections shall be delivered to the Caseflow Management Division on Form CCF-6 within two days of the submission of the Motion to Continue. If an objection is not submitted to the Caseflow Management Division within the two days specified, it will be assumed that the opposing party does not object to the request.

(e) Timing of Rulings By Caseflow Management: The Caseflow Management Division's staff will rule upon Motions to Continue upon the expiration of the two-day objection period or sooner if the position of the opposing party is already known. The moving party on the continuance will be responsible for noticing all parties of the continuance ruling.

9.3 Form, Service and Content of Continuance Requests and Objections: All Motions for Continuance and Objections shall be submitted in writing and served as follows:

(a) Form and Service of Requests for Continuance: Requests for continuance shall be submitted on Local Form CCF-5A. A copy of the completed motion must be served on all parties/counsel prior to submission to the Court. All Motions for Continuance of a District Court Trial must be filed with the Clerk of Superior Court, with a certificate of service, and a filed copy of the same must be sent to the District Caseflow Coordinator in the Caseflow Management Division of the Trial Court Administrator's Office. Unserved, unfiled and/or undelivered Motions for Continuance will not be considered. Faxed copies are not accepted and will not be signed.

(b) Content of the Request for Continuance: Continuance requests shall be detailed and include all of the reasons for which the continuance is sought along with the relevant dates of conflicts, if applicable. All continuance motions shall also include: The correct file number The correct party names All known reasons for which the continuance is being sought. Failure of the requesting party to include known pertinent information in the original motion is not grounds for reconsideration of the ruling made by the Caseflow Management Division's staff. If outstanding discovery is the reason for requesting a continuance, the moving party/attorney should indicate the dates that pending discovery was served and the dates that responses were due; certification that the party/attorney requesting the continuance has consulted with opposing parties/counsel regarding promptness in responding to the discovery request and of his/her intention to seek a continuance on this basis. The number of times the case has previously been scheduled for trial Indication that all other parties/counsel have been served with the motion, to include the manner and date of service If known, the position of the other parties/counsel When possible, proposed and mutually agreed upon trial sessions

(c) Proposed Order: The Motion for Continuance shall be accompanied with two copies of the proposed Order on Local Form CCF-5B, together with a self-addressed, stamped envelope.

(d) Notice of Decision to Parties/Counsel: If the submitting party does not include a self-addressed, postage-paid envelope, the documents will be placed in the basket in the Caseflow Management Division's Office, Suite 3420, for pick-up. The requesting party shall provide copies to the opposing parties once the approved or denied order has been returned. It is the responsibility of the parties/counsel to obtain the decision from the Caseflow Management Division and act accordingly.

9.4 Factors for Consideration: Motions for Continuance will only be granted for good cause. Consideration may be given to the following factors:

(a) Age of the case

(b) The timeliness of counsel in identifying and addressing the issues raised as grounds for continuance.

(c) Witness unavailability, incomplete medical treatment, personal emergencies, and outstanding discovery issues will be handled on a case-by-case basis.

(d) The Guidelines for Resolving Scheduling Conflicts as adopted by the State-Federal Judicial Council of North Carolina and Rule 3.1 of the General Rules of Practice for the Superior and District Courts will govern rulings regarding professional conflicts.

(e) Number of previous continuances

9.5 Presumptions with Certain Circumstances: The lack of an objection by opposing counsel or the fact that the case has not been continued before shall not, standing alone, constitute good cause. Personal conflicts such as vacations, especially where counsel has not complied with Rule 26, non-emergency family commitments, and continuing legal education opportunities do not rise to the level of good cause. Unavailability of a peremptory setting date is not grounds for a continuance of the trial date.

9.6 Appeals of Rulings by Caseflow Coordinator: Appeals of the decision rendered by the Caseflow Management District Civil Case Coordinator shall be submitted to the Caseflow Management District Civil Case Coordinator for subsequent delivery to the judge presiding over the session in which the case is currently scheduled. In the event the presiding judge is unavailable, appeals shall be directed to the lead Civil District Court judge or the Chief District Judge. Opposing counsel or unrepresented parties shall be notified of the appeal by moving party/counsel prior to its delivery to the Caseflow Management District Civil Case Coordinator.

(a) Basis Must be the Same as Original Request: The party requesting the appeal shall present to Caseflow Management District Civil Case Coordinator the appeal along with a copy of the original continuance motion submitted. Objections to the appeal shall also be delivered to the Caseflow Management District Civil Case Coordinator for subsequent delivery to the appropriate judge within two days of being notified. Failure of counsel to follow the established process may result in automatic denial of the motion.

(b) Decision is Final: The decision of the presiding civil judge, lead Civil District Court judge or Chief District Court Judge is final.

(c) If No Decision Rendered: If parties/counsel have not received a decision by the date the case appears on the trial calendar, parties/counsel should appear for calendar call and be prepared for trial.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 9

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