4.1TIME LIMITS: Discovery must be completed within one hundred twenty (120) days of the filing of the last required pleading unless otherwise ordered by the Court. Trial of a case shall not be delayed for failure to complete discovery unless, for good cause shown by motion, a Superior Court Judge extends the discovery period prior to expiration of the one hundred twenty (120) days allowed, under Local Rule 4.2 or 4.3 below.4.2DISCOVERY CONFERENCE: In all cases, but especially for cases involving complex issues and/or extensive damages, counsel are encouraged to confer and agree upon a specific discovery schedule tailored to the needs of the subject case, and to submit a proposed discovery order to the Trial Court Coordinator for approval by the Senior Resident Superior Court Judge. If counsel cannot agree upon a discovery plan, the Trial Court Coordinator will, upon request, schedule a discovery conference pursuant to the provisions of N.C.G.S. § 1A-1, Rule 16 and Rule 26(f), to establish appropriate discovery deadlines by court order.a.Court's Initiative: The Court may, on its own initiative, schedule a discovery scheduling conference in any case it deems appropriate or necessary.4.3ADDITIONAL DISCOVERY: A request for an extension of time for additional discovery, following the expiration of a discovery time period established by Local Rule 4.1 above, or set by prior order of the Court, must be by motion containing a specific schedule showing when the additional discovery will be completed. Extensions of time for discovery, which will delay a scheduled trial, will only be granted for good cause shown and to avoid manifest injustice to a party.4.4SUPPLEMENTATION OF DISCOVERY RESPONSES: Counsel may request supplementation of prior discovery under N.C.G.S. § lA-1, Rule 26(e), but no scheduled trial will be continued to permit such a request. Counsel should always be mindful of their duty to voluntarily supplement prior discovery that is no longer complete or accurate.4.5FORMAT: Each time a particular discovery procedure is used, it shall be sequentially numbered (i.e., "First Set", "Second Set", "First Request", "Second Request", etc.) so that it will be distinguishable from a prior procedure. Attorneys serving interrogatories or requests for admissions shall leave sufficient space after each interrogatory or request for the answer to be given. The answering attorney shall either respond in the space provided or retype the interrogatory or request immediately above the answer. The purpose of this Rule is to have the interrogatories or requests and the answers thereto appear in one document.4.6MEDICAL MALPRACTICE ACTIONS: Immediately following the filing of the answer(s), or at the expiration of such time, each action designated as a medical malpractice action shall be placed on the next available motion calendar for a discovery scheduling conference. The parties may request a different hearing date, but the conference must take place within 90 days of the filing of the answer(s). Should the parties agree to a discovery scheduling order and consent to same, a formal hearing will not be necessary. a. Pursuant to the provisions of N.C.G.S. § 7A-47.4(e), the Senior Resident Superior Court Judge will designate a specific judge to hold court in Judicial District 8A to preside over all proceedings in a case subject to N.C.G.S. § 90-21.11(2), according to the following procedure:1. For all medical malpractice cases filed on or after October 1, 2021, the parties must file a Medical Malpractice Case Notification and Consultation Form ("MedMal Form") with the appropriate Clerk of Superior Court upon the filing of a responsive pleading or motion requiring a determination by a superior court judge, whichever occurs first.2. A copy of the MedMal Form shall be submitted either by email or regular mail to the Trial Court Coordinator on the date the form is filed, for review by the Senior Resident Superior Court Judge. If the parties are unable to agree on the content of the MedMal Form, each party may submit a separate MedMal Form.3. In the interest of efficient case management, any attorney or unrepresented party who fails to file and submit the MedMal Form in accordance with these procedures, absent good cause, will be considered by the Court to have waived any objections to the proposed and requested dates and judges.4. In requesting a superior court judge to preside over all proceedings in the case, the parties must contact the judge and obtain his or her agreement to be assigned to hear all proceedings in the case.5. In assigning a specific superior court judge to hear all proceedings in the case, the Senior Resident Superior Court Judge will consider, but is not bound by, thejudge(s) requested by the parties.6. The Trial Court Coordinator shall notify the parties of the judicial assignment.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. IV
Adopted October 4, 2021, effective 1/1/2022.