N.C. R. Prac. Super. & Dist. Ct. 4

As amended through June 18, 2024

Rule 4 - REQUESTS TO CONTINUE OR REQUESTS FOR ADDITIONAL HEARING TIME

4.1.General Rule. Domestic cases should be addressed at the earliest opportunity and within the time frames established by these Rules. Continuances or extensions of time may be allowed by the Court for good cause, particularly those which would affect the fundamental fairness of the trial process, including a consideration of the factors listed below in this Rule, or when additional hearing time is requested and warranted.

4.2Conflicts. The Family Court and FCO shall consult and work with other trial courts to manage expeditiously and fairly any conflicts involving cases in other courts. Conflicts in schedules and with appearances of counsel or parties in other courts shall be resolved as set forth in Rule 3.1 of the General Rules of Practice. Age of case, subject matter, and priority of setting shall be given as much consideration as the level of a Court when resolving conflicts. Attorneys and/or parties shall notify the Court, the FCO, and opposing party/counsel of any other Court conflict(s) as they become known and shall communicate with attorney and Judges of this District and other Judges to resolve such conflicts. In resolving District Court division conflicts, juvenile cases shall have priority over other matters.

4.3Procedures for Continuance. All applications for continuance shall be by written motion (Form #9, See attached Appendix of Forms). However, oral motions shall be permitted when the reasons for the continuance were not known in time for the preparation and filing of a written motion. All parties must be notified of a motion to continue. A copy of the Motion to Continue must be served upon all counsel of record and/or unrepresented parties at the same time the motion is delivered to the FCO. In addition to the service requirements required by statute, distribution of the motion must be made by the quickest means feasible, including facsimile transmission, electronic mail, and/or hand-delivery. All parties and counsel of record shall have an opportunity to submit a written response or objection to a written motion to continue (Form #12, See attached Appendix of Forms). If the motion is received within five (5) business days of the hearing date, and there is no input regarding the opposing party's or opposing counsel's position, the Court may be unable to address the request prior to the hearing and will address the request at the time of the hearing.

4.4Factors to be Considered for Continuance. Factors to be considered by the Court when deciding a motion for continuance shall include, but shall not be limited to, the following factors:

1. The effect on children and/or parties if the issue is continued and not resolved;

2. Whether there is an existing temporary order dealing with the issue that is the subject of a continuance request;

3. The impact of a continuance on the safety of the parties or any other persons;

4. Whether the issue has been identified statutorily or by these Rules as an issue to be addressed expeditiously, i.e., child support, interim child custody, postseparation support;

5. The age of the case or the claim or matter at issue;

6. The availability of and the impact on witnesses;

7. The time constraints on and the availability of identified expert witnesses;

8. The status of the trial calendar for the session and any relevant future sessions;

9. The moving party, number of, and grounds for any previous continuances;

10. The extent to which the moving counsel or party participated in the scheduling of the trial date or time allowed for hearing;

11. The due diligence of counsel or the party in promptly making a motion for continuance as soon as practicable;

12. Whether the basis of the motion is the existence of a legitimate conflict with another court setting;

13. The period of delay caused by the continuance request;

14. Illness of counsel, a party, an essential witness, or a close family member;

15. The position of opposing counsel or unrepresented parties;

16. Whether the parties themselves consent to the continuance;

17. Present or future inconvenience or unavailability of the parties, attorneys, or witnesses if the case is continued; and,

18. Any other factor that promotes the fair administration of justice.

4.5Responsibility of the Parties/CounseL The burden is on the party requesting the continuance to contact the opposing counsel or party prior to submitting the motion to the FCO, and to include the opposing party's/counsel's position on the request as 1) joining in the request; 2) consenting to or not objecting to the request, or 3) opposing the request (Form #9, See attached Appendix of Forms). If the opposing party cannot be reached or fails to respond, that should be noted on the request as well as a statement about the efforts made and why contact was not possible. A party or counsel opposing the request shall submit a written response to the Family Court Staff immediately upon receipt of the written Motion for Continuance (Form #12, See attached Appendix of Forms).

4.6Requests for Additional Hearing Time. Any motion requesting additional time for a hearing or trial shall allege specific reasons and an estimate of the total time needed. Except for good cause shown, a party or counsel requesting additional hearing time shall file a written motion at least ten (10) days prior to the scheduled hearing setting forth the reasons for the request. The opposing party shall file a response, in writing, within five (5) days of service of the request. The Court may decide the matter without a formal hearing based on the written submissions. The Court's determination shall be made in writing, served on counsel or the parties, and filed in the record with twenty-four (24) business hours following the non-moving party's responsive filing. Absent good cause shown, if there is less than fourteen (14) days' notice given to a party for a scheduled hearing, the party or counsel seeking additional time must make his/her request within three (3) business days of being served with the Notice of the Hearing and the opposing party shall file a response, in writing, within two (2) days of being served with the moving party's request. The Judge shall make a ruling on the request within twenty-four (24) hours of the opposing party's filing and shall advise the parties, in writing, of the decision.

4.7New Date. If a Request to Continue or for additional hearing or trial time is allowed, the FCO and/or the assigned Judge will assist the parties and counsel in obtaining a rescheduled date for the impacted court event. The new date shall be set forth in the Court's Continuance Order.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4

Adopted January 4, 2023, effective 2/1/2023.