N.C. R. Prac. Super. & Dist. Ct. 14.0

As amended through June 18, 2024

Rule 14.0 - MISCELLANEOUS

14.1 Pro Hac Vice. Motions to be admitted Pro Hac Vice must be accompanied by the fee required by the North Carolina General Statutes, together with an appropriate affidavit that the attorney seeking Pro Hac Vice status is a member in good standing in every jurisdiction in which the attorney is licensed to practice, has not been disciplined in any of the jurisdictions where the attorney is licensed to practice, has never had a Pro Hac Vice status revoked by law tribunal, and is not the subject of any pending disciplinary proceedings. Local counsel shall sign an affirmation that he/she will comply with Rules 5.5(c)(4) and 5.5(e)(5) of the Revised Rules of Professional Conduct of the North Carolina State Bar. Motions not accompanied by the fee will be denied without notice. Should a motion not accompanied by the fee be inadvertently allowed, the Order allowing the admission will be revoked without notice.

14.2 Refiling. Upon refiling a case previously dismissed pursuant to Rule 41, the plaintiff shall provide a copy of the new complaint to the Court Coordinator, along with a reference to the first case number.

14.3 Removal to Federal Court. When a party removes a case to Federal Court, counsel for that party shall contemporaneously provide a copy of the pleading to that effect to the Clerk of Superior Court and the Court Coordinator. Upon receipt of the notice of removal to Federal Court, the Clerk of Superior Court is to close the file.

14.4 Cases Initiated Other Than By Complaint. Upon initiating any matter in civil Superior Court by the filing of any pleading which is not a Complaint, (i.e., Will Caveat, Administrative Appeal, Certiorari), the party so initiating shall provide a copy of this pleading to the Court Coordinator.

14.5 Notice of Appearance. Any attorney filing a Notice of Appearance, Substitution of Counsel, or similar document, shall provide a copy to the Court Coordinator when the motion is filed.

14.6 Service. A party filing a lawsuit is expected to promptly undertake reasonable efforts to obtain personal service of all defendants. If service is not obtained within five (5) months after undertaking reasonable efforts, the party shall seek service by publication. Failure to undertake reasonable efforts to obtain service or to prevent summonses from expiring will result in dismissal for failure to prosecute.

14.7 Rule 2.1 Requests.

a. Any request by counsel and/or any unrepresented party to designate a case "Exceptional" or "Complex Business" under Rule 2.1, General Rules of Practice for the Superior and District Courts, shall be made within 30 days from the issuance of the Administrative Notice. If possible, requests should be made to the Senior Resident in the form of a consent motion. The motion must include a certification that the movant has in good faith conferred or attempted to confer with all opposing counsel and/or any unrepresented party to obtain consent to the motion; and, if the motion is for designation of a case as "exceptional," a certification that the movant has in good faith conferred or attempted to confer with all opposing counsel and/or any unrepresented party to obtain consent for the selection of a specific judge to be assigned; and in the event, such consent is obtained, whether the judge consents to the assignment.

b. Cases subject to statutory removal to the Business Court will not be transferred without payment of the fee required by the North Carolina General Statutes. Efforts to remove such cases without paying the required fee will be denied without notice, and should such an effort be inadvertently allowed, the Order allowing the removal will be revoked without notice.

14.8 Remands from Appellate Courts. Upon remand of a case from an appellate court, the prevailing party before the appellate court shall notify the Court Coordinator of the remand within thirty (30) days.

14.9 Voluntary Dismissals. If a party files a voluntary dismissal of a case, claim, or party and the case are on a calendar within ten (10) days of the dismissal, the party filing the dismissal shall deliver a filed copy to each opposing party and the Court Coordinator on the date the dismissal is filed by hand-delivery, or electronic transmission.

14.10 Briefs. Are to be double spaced and no more than 30 pages in length. Reply briefs are not permitted. Because Rule 5(d) of the NC Rules of Civil Procedure provides that "briefs or memoranda provided to the court may not be filed with the Clerk of Court unless ordered by the court," these legal briefs will usually be emailed, or hand-delivered to the Court Coordinator the Wednesday, prior to the following week.

14.11 Temporary Restraining Order (TRO). If presented on Monday, Tuesday, Wednesday, or Thursday is up to the Judge on when it is heard. If they come in on Friday, the matter will be heard Monday morning.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 14.0

Adopted effective 4/1/2023.