Rule II - CASE MANAGEMENT2.1TRACKING: In an effort to make the process of case management as effective as possible, early intervention into cases that are filed in Judicial District 8A will be practiced. The Trial Court Coordinator shall be notified immediately by the Clerk's Office when a case is filed in Civil Superior Court, by entering the information into the Civil Case Processing System (VCAP). The Trial Court Coordinator shall track all cases, and at the end of one hundred twenty (120) days after the case is filed, or when the last required pleading is filed, or when a motion to dismiss is filed in lieu of an answer, whichever is earlier, the Trial Court Coordinator shall determine the case's readiness for mediation and/or trial. If at the end of one hundred twenty (120) days: a. There is no service on the parties, pursuant to N.C.G.S. § Rule 4(e), the case will be discontinued.b. There is service on the parties, but an answer has not been filed and time has expired, the Trial Court Coordinator may place the case on a motion calendar for default, whether the attorney has moved for an entry of default or not. If the attorney does not obtain the default the case may be dismissed for failure to prosecute.2.2READINESS FOR TRIAL: A case shall be deemed ready for trial when the Trial Court Coordinator has determined that at least one of the following has occurred: a. One hundred twenty (120) days has elapsed since the filing of the last required pleading by the start of a scheduled session of court.b. A case has been remanded for trial by the Appellate Division.c. A case has been transferred to the Superior Court Division on appeal from a ruling by the Clerk of Superior Court. d. A case has been transferred to the Superior Court Division from the District Court Division (and 120 days has elapsed since the date of the last required pleading).e. A case is entitled to priority hearing by statute, i.e., caveats, foreclosures.f. Counsel has filed with the Trial Court Coordinator a calendar request requesting that the case be placed on a trial calendar prior to the expiration of the one hundred twenty (120) day period. 2.3ADMINISTRATIVE REMOVAL FROM CIVIL ISSUE DOCKET: Cases deemed to be not pending for trial shall be eligible for removal by order prepared by the Trial Court Coordinator and signed by the Senior Resident Superior Court Judge. Removal in these cases shall be without prejudice and if necessary, the case may be returned to active status by motion. Following are the types of cases eligible for administrative disposition: a. Cases in bankruptcy (accompanied by a certified copy of either a stay order or the Notice of Bankruptcy from the United States Bankruptcy Court)b. Defendant(s) making paymentsc. Service not perfected and time expired (See 2.1a)d. Answers not filed and time expired (See 2.1b)e. Removal to the United States District Courtf. Agreement for binding arbitrationg. Removal for any other reasonN.C. R. Prac. Sup. & Dist. Ct. Civ. P. II
Adopted October 4, 2021, effective 1/1/2022.