N.C. R. Prac. Super. & Dist. Ct. 6.0

As amended through June 18, 2024

Rule 6.0 - CONTINUANCE POLICY

6.1 The continuance of a calendared case shall be granted only pursuant to Rule 40, North Carolina Rules of Civil Procedure, upon good cause shown, and upon such changes and conditions as justice may require.

6.2 The Court Coordinator, under the supervision of the Senior Resident, shall have exclusive authority to continue a calendared case prior to the first day of the civil session. Counsel and/or any unrepresented party shall not request a continuance from the Presiding Judge prior to the first day of the civil session.

6.3 A request for continuance must be completed on form AOC-CV-221 Appendix E and received by the Court Coordinator in writing, at least five (5) days prior to the first day of the civil session. Also, the party requesting the continuance must serve on all counsel of record and/or unrepresented parties before the presentation of the motion to the Court Coordinator and must be served by hand or electronically.

6.4 A request for continuance shall state the specific reason(s) for the request and the proposed new trial date. Counsel and/or any unrepresented party shall put forth their best efforts to agree upon a new trial date. The Court Coordinator shall honor the requested date if practicable.

6.5 Any opposing counsel and/or unrepresented party may, in writing, consent or object to a request for continuance. Any objection not received within three (3) business days from the date of the motion being filed with the Court Coordinator shall be deemed waived.

6.6 The Court Coordinator shall, in writing (via email), promptly rule on any request for continuance. Counsel and/or any unrepresented party may, by written motion, appeal the ruling of the Court Coordinator to the Senior Resident Superior Court Judge. Such motion shall state specifically that the request for continuance was originally denied by the Court Coordinator in addition to any other reason.

6.7 Unless permitted from all adverse parties and/or any unrepresented party, any ex parte request for continuance is improper and shall not be allowed, except for good cause shown, such as a family emergency or other exigent circumstance.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6.0

Adopted effective 4/1/2023.