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

As amended through June 18, 2024

Rule VI - MOTIONS

6.1NOTICES: Any motion filed in a Civil Superior Court case will be calendared for hearing by the filing of a Notice of Hearing ("NOH") or Calendar Request ("CR") (local form 8 -A-1). The Trial Court Coordinator will have a list of court dates that are available for the hearing of motions. Motions will be heard on the first Monday morning of a term of court, beginning at 10:00 a.m., and at other times during the week as designated by the presiding judge.

a.Filing and Delivery: A copy of the NOH and/or CR must be delivered by hand, mail, fax or email to the Trial Court Coordinator (and a copy sent to opposing counsel and/or parties appearing pro se) or placed in the Senior Resident Superior Court Judge's mailbox in the Lenoir County Clerk's office. Failure to properly file and deliver the NOH and/or CR shall be grounds for the denial of the motion in the discretion of the presiding judge.

b.Failure to File and Calendar: Failure to timely file motions and/or calendar motions shall not of itself be a proper basis for continuance of a scheduled trial date.

c.Calendars: Motions will be placed on the Motions Calendar, and published accordingly, if the Trial Court Coordinator receives the NOH and/or CR prior to 3:00 p.m. on the Wednesday before the session date. Any other motions received after that date shall be placed on an Add On Motions Calendar that shall be published no earlier than 12:00 p.m. on Thursday (or 2 business days) prior to the beginning of the session. The deadline to have a motion placed on the Add On Motions Calendar is 5:00 p.m. the Wednesday (or 3 business days) prior to the session of court.

d.Administrative Discretion: Any motion filed without an accompanying NOH and/or CR may, at any time, be placed on a calendar for hearing, in the discretion of the Court. Any motion so placed will have the designation "administratively set". Notice will be provided by the electronic publishing of calendars (Rule 5.5 ) and by the mailing of a Memorandum from the Trial Court Coordinator notifying the parties of the hearing date.

6.2MOTIONS FOR CONTINUANCE:Requests for continuance are presumptively disfavored. However, prior to the opening of court for the session in which the case is calendared, all Motions for Continuance must be in writing and addressed to the Trial Court Coordinator (with a copy to opposing counsel and/or parties appearing pro se) and received by 5:00 p.m. the first Wednesday (or 3 business days) prior to the session of court. These requests must state explicitly and in detail the reason for continuance and state when the case may be rescheduled. (See Rule 5.6 below.) Objections to such requests must be received prior to 12:00 p.m. the first Thursday (or 2 business days) prior to the session of court. Objections not raised within this time period are deemed waived. Rulings on the motions will be made and parties notified by 3:00 p.m. Thursday (or by 3:00 p.m. 2 business days) prior to the beginning of the session of court. Only requests for continuances in emergency situations will be considered between the Thursday (or 2 business days) and Friday (or 1 business day) prior to the beginning of the session of court. Following the opening of court for the session in which the case is calendared, any motion for continuance shall be made to the presiding judge of the court in which the case is calendared.

a.Format: Motions for Continuance may be on the Motion and Order for Continuance form (AOC-CV-221). However, those motions not on this form must contain all information requested on the Motion and Order for Continuance form.

b.Objections: Objections by opposing counsel and/or parties appearing pro se to Motions for Continuance filed before the first Monday (or 5 business days) prior to the session of court, must be received by the Trial Court Coordinator and the moving party within 3 business days following distribution of the motion. Objections not raised within this time period are deemed waived.

6.3NEW TRIAL DATE: In the event that a request for continuance is granted, the case will be placed on the next available trial calendar or Trial Calendar Conference calendar, in the discretion of the Trial Court Coordinator.

6.4EVALUATIONS OF MOTIONS FOR CONTINUANCE: In addition to other factors which may be considered, the appropriate judicial official shall consider the following when deciding whether to grant or deny a Motion for Continuance:

> The age of the case

> The status of the trial calendar for the week

> The order in which the case appears on the trial calendar, including whether the case is peremptorily scheduled

> The previous number of continuances

> The extent to which counsel had input into the scheduling of the trial date

> The due diligence of counsel in promptly filing a Motion for Continuance as soon as practicable

> The length of the continuance requested, if applicable

> The position of opposing counsel

> Whether the parties themselves consent to the continuance

> Present or future inconvenience or unavailability of witnesses and/or parties

> Any other matter that promotes the ends of justice.

Reasons that shall not be considered valid bases for allowing a continuance motion include first time scheduling of the case for trial, potential conflicting scheduling of other trials in other courts, whether counsel of record has received payment, completion of mediation, previous extension of mediation deadline, failure to timely file motions and calendar motions, and failure to complete discovery, including obtaining depositions for trial, in accordance with Rule 4.1.

6.5MINOR SETTLEMENTS: Motions for court approval of minor settlements will only be calendared for hearing after the action has been filed in the office of the Clerk of Superior Court. All matters appearing on calendars must have valid docket numbers.

6.6SUPPORTING AUTHORITY FOR MOTIONS: Neither memoranda of law nor briefs are required to be submitted in support of any motion filed in District 8A unless otherwise required by General Rule or Statue but may be submitted by the moving party if deemed necessary to aid the Court's understanding of the issues involved or if requested by the Court.

a.Memoranda of La\A/ and Briefs of Moving Parties: Ten (10) business days prior to the hearing, case and statutory authority upon which the motion is founded may be either presented to the Court in the form of a memorandum of law or brief, or copies of the authorities presented to the Court, or both, if such will facilitate the Court's understanding of the issues involved or if requested by the Court. Additional case and statutory authority not initially cited in the brief or memorandum of law may be relied upon by the moving party at the hearing; however, a list of such additional authorities shall be provided to the opposing party prior to the date of the hearing to facilitate an expeditious hearing on the merits of the motion and avoid delay.

b.Responses to Motions: No formal response is required to any motion, but may be filed if necessary, to aid the Court's understanding of the issues involved or if requested by the Court. The rules applicable to the moving party for submission of memoranda of law or briefs, and disclosure of additional authority, are also applicable to any opposing party. Briefs or memoranda of law filed in opposition to a motion shall be filed not less than five (5) business days prior to the hearing.

c.Motions in Pleadings: The requirements for supporting memoranda set out in Rule 6.1(a) shall also apply to motions that are contained in an answer, reply, or other pleading filed with the Court.

d.Length of Supporting and Opposing Memoranda: No brief or memorandum of law submitted in support of, or in opposition to, a motion shall exceed 20 pages in length without leave of the Court. Neither exhibits attached thereto, nor certificates of service, shall be counted in the computation of the 20-page limit.

e.Sanctions for Failure to Comply with Rules: The Court, in its discretion, may impose any appropriate sanction against counsel of record or any unrepresented party for failure to comply with these rules. Any objections for non-compliance with these rules must be made in advance to the Trial Court Coordinator at least three (3) business days in advance of the hearing date or else be deemed as having been waived.

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

Adopted October 4, 2021, effective 1/1/2022.