Rule 36 - Trial Judges Authorized to Enter Orders Under These Rules(a)When Particular Judge Not Specified by Rule. When by these rules a trial court or a judge thereof is permitted or required to enter an order or to take some other judicial action with respect to a pending appeal and the rule does not specify the particular judge with authority to do so, the following judges of the respective courts have such authority with respect to causes docketed in their respective divisions:(1)Superior Court. The judge who entered the judgment, order, or other determination from which appeal was taken, and any regular or special superior court judge resident in the district or assigned to hold court in the district wherein the cause is docketed;(2)District Court. The judge who entered the judgment, order, or other determination from which appeal was taken; the chief district court judge of the district wherein the cause is docketed; and any judge designated by such chief district court judge to enter interlocutory orders under N.C.G.S. § 7A-192.(b)Upon Death, Incapacity, or Absence of Particular Judge Authorized. When by these rules the authority to enter an order or to take other judicial action is limited to a particular judge and that judge is unavailable by reason of death, mental or physical incapacity, or absence from the state, the Chief Justice will, upon motion of any party, designate another judge to act in the matter. Such designation will be by order entered ex parte, copies of which will be mailed forthwith by the clerk of the Supreme Court to the judge designated and to all parties.287 N.C. 671; 324 N.C. 613; 354 N.C. 609; 363 N.C. 901; 369 N.C. 763.
Amended June 18, 2024, effective 6/18/2024.