5.1 At the final Administrative setting, both parties may agree upon a trial date.5.2 If the parties have not otherwise agreed upon a trial date, then upon the conclusion of the final Administrative setting, the District Attorney shall announce a proposed trial date. The Court shall set that date as the tentative trial date unless, after providing the parties an opportunity to be heard, the Court determines that the interests of justice require the setting of a different date. In the event, the District Attorney shall set another tentative trial date during the final Agreement setting.5.3 The trial shall occur no sooner than 30 days after the final Administrative setting, except by agreement of the State and the Defendant.5.4 Counsel for the State and defendant are responsible for having their personal calendars available at the final Administrative setting in order to inform the Court of any personal or professional conflicts.5.5 Any request for a priority or peremptory setting based upon out-of-town witnesses, expert witnesses, or other scheduling concerns should be addressed to the Court at the time the trial is scheduled.5.6 At the final Administrative setting, the Court shall enter a Scheduling Order in each non-exceptional case setting forth the deadline for the filing of pretrial motions, the date for the hearing of pre-trial motions and the trial date. Scheduling orders for exceptional cases may contain deadlines for additional case events as necessary and appropriate.5.7 When a case has not otherwise been scheduled for trial within 120 days of indictment or of service of notice of indictment if required by law, then upon motion by the defendant at any time thereafter, the Senior Resident Superior Court Judge, or a Superior Court Judge designated by the Senior Resident Superior Court Judge, may hold a hearing for the purpose of establishing a trial date for the defendant.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5
Amended effective 8/15/2022.