5.1GENERAL PROVISIONS: It is the intent of these Local Rules that calendaring be a ontinuous process of establishing a trial date for a case whenever the prerequisites of Local Rule 2.2 have been met.5.2NOTICE OF TRIAL CALENDAR CONFERENCE: Attorneys and/or parties appearing pro se in cases will be notified of the Trial Calendar Conference date at the time the case is ordered into mediation. Notice shall be on the Order for Mediated Settlement Conference and Trial Calendar Conference Notice (AOC-CV-811 with local amendments).5.3CALENDAR CONFERENCES: A Trial Calendar Conference will be held quarterly at which time the Trial Court Coordinator will place cases listed on the calendar for the Trial Calendar Conference on any of the trial calendars for the succeeding calendar quarter. Attorneys and/or parties appearing pro se are strongly encouraged to attend in person when schedules allow but may have input by submitting to the Trial Court Coordinator a Civil Case Status Report. Failure to provide input at the Trial Calendar Conference shall not be a proper basis for a continuance request.5.4TENTATIVE CALENDARS: Tentative calendars may be prepared and published electronically via the Internet on a quarterly basis, as soon as practicable following a quarterly Trial Calendar Conference. Tentative calendars may be updated continuously until the publication of the Final Calendar.5.5FINAL CALENDARS: A final calendar will be prepared and published by the Trial Court Coordinator approximately four (4) weeks prior to a scheduled term of court. Calendar Requests may also be submitted for a particular term to accommodate the schedules of counsel, clients or witnesses, but such requests must be filed with the Trial Court Coordinator, and served on all parties, no later than the 5th Wednesday prior to a term of Civil Superior Court. Any objections to such request must be made in writing to the Trial Court Coordinator within five (5) days following service of the request.5.6PUBLISHING OF CALENDARS: All calendars shall be published by the Trial Court Coordinator electronically via the Internet and shall be available for viewing and/or printing at the North Carolina Courts website (www.nccourts.gov ). Paper copies of the calendars will only be mailed to parties appearing pro se. Paper copies of Final Calendars may be obtained from the office of the Clerk of Superior Court, with proper payment of any copying costs and/or fees.5.7RESPONSIBILITY: It shall be the responsibility of counsel and pro se parties to be aware of cases appearing on any calendars. It is the responsibility of any attorney or pro se party to immediately notify the Trial Court Coordinator of any mistakes or discrepancies on any calendar.5.8ORDER OF CASES: When a Statute, Rule or Order of the Senior Resident Superior Court Judge specifies a special setting, the final calendar will so indicate. Other cases will be placed on the calendar in a generally chronological order as determined by the Trial Court Coordinator, giving due consideration to the efficient use of time. The management of cases by the Trial Court Coordinator, under the supervision of the Senior Resident Superior Court Judge, will attempt to preclude the necessity for peremptory settings, which, as a rule, will not be granted. However, requests to that effect should be directed to the Trial Court Coordinator. (See Rule 5.10 below.)5.9RESCHEDULING CASES: Cases not reached during any session of court will be assigned a new trial date in the discretion of the Trial Court Coordinator. Attorneys and/or parties appearing pro se are encouraged to contact the Trial Court Coordinator regarding the new court date for their case as soon as possible, but in any event, within one week following the original session of court. The Trial Court Coordinator may assign a new trial date as soon as it is apparent the case will not be reached during a particular session of court, if requested by either party. When a case, being deemed ready for trial, has been assigned its first trial date and final disposition has not occurred, the case must have either a Trial Calendar Conference date or trial date pending. 5.10PEREMPTORY SETTINGS: Although presumptively disfavored, consistent with Rule 2(f) of the General Rules of Practice, peremptory setting requests may be made for good cause and shall be made in writing to the Trial Court Coordinator prior to or during the Trial Calendar Conference, pursuant to Rule 5.1(b). Except in extreme circumstances, requests made after the Trial Calendar Conference shall be denied. In determining whether to grant or deny a request for a peremptory setting, the Trial Court Coordinator and the Senior Resident Superior Court Judge will review the grounds for the request, which shall include, but not be limited to, the number of times the case has previously appeared on any calendar, the inconvenience to the parties or witnesses, and any other extraordinary or emergency reason. A peremptory setting shall only be granted for good and compelling reasons. The Senior Resident Superior Court Judge may set a case peremptorily on his or her own motion.5.11PRIORITY SETTINGS: Cases entitled to a priority setting under the General Statutes must be brought to the attention of the Trial Court Coordinator in writing as soon as possible, with copies to all counsel of record, and shall cite the authority for such setting.5.12SPECIAL SESSIONS: At the request of and in consultation with counsel for all parties or all unrepresented parties, the Trial Court Coordinator shall determine which cases should be set for trial at a special session. Factors that will be considered include, but are not limited to, anticipated length of trial, scheduling difficulties of attorneys or essential witnesses, emergencies such as the physical condition of witnesses or parties, or complexity of issues. The Trial Court Coordinator shall make all appropriate arrangements for special sessions.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. V
Adopted October 4, 2021, effective 1/1/2022.