9.1 Cases are subject to being placed on the Trial Ready Calendar by the TCC as follows: A. The Trial Date named in the Discovery Scheduling Order has arrived.B. It has been transferred by, or appealed from, the Clerk of Superior Court.C. It has been remanded for trial by the Court of Appeals or Supreme Court.D. It is entitled to a priority hearing by statute. 9.2 Upon the filing of a caveat to a will, the Clerk of Superior Court shall contact the TCC to determine the next available date for the parties to appear in Court and align themselves. Upon the conclusion of the proceeding to align parties, the TCC shall issue a Scheduling Order.9.3 A trial calendar will be considered to have been published on the date it is posted to the website of the Administrative Office of the Courts ( www.nccourts.org ).9.4. It is the responsibility of the counsel or pro se party to determine whether, as the result of settlement, sudden illness, or otherwise, cases ahead of their case have moved off of the trial calendar. Typically, counsel accomplishes this by communicating regularly with counsel in cases which precede their own case on the trial calendar, and by communicating with the TCC. It has been observed by the undersigned that counsel will know the status of cases on the trial calendar in advance of the TCC. Trial calendars on the website will not be updated unless the TCC is aware of changes in status at least five business days prior to the first day of the trial term. 9.5 Requests for Peremptory Setting A. Medical malpractice cases will be presumed to require a peremptory setting unless the TCC is notified otherwise by counsel.B. Requests for a peremptory setting in all other cases shall be made in writing to the TCC, shall include the specific reasons for the request, and shall include confirmation that advance notice of the request has been given to opposing parties and shall state what response the opposing party has made. Written requests may also take the form of Consent Motions (which shall also recite the specific reasons for the request), with proposed order to be entered by a judge assigned from time to time to sessions of court in this district, in the discretion of such judge. 9.6 Dismissal for Failure to Prosecute Any case listed on a published trial calendar is subject to dismissal for failure to prosecute if at calendar call or at the time it is called for trial the attorneys (or the parties themselves, if pro se) are not present or ready to proceed. All cases on a calendar shall be ready for trial at any time during the session.
9.7 When cases are not reached or are continued by the Presiding Judge at calendar call, they shall appear on the next published calendar in the discretion of the TCC, unless earlier resolved.9.8 "Short Notice" Cases. If all parties consent, a case may be placed on a list of "short notice" cases maintained by the TCC. When the cases appearing on the regular calendar are disposed before the end of the session, including a mixed session of the kind commonly referred to as a "criminal term," the TCC will notify counsel in any "short notice" case.9.9 Trial Continuance Motions are not favored by this Plan, and the procedure for considering such motions is set out in Rule 12 herein.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9