As amended through June 18, 2024
Rule 5 - Case Calendaring5.1 The Clerk of Superior Court shall prepare calendars for each district court criminal session as directed by the District Attorney and the Chief District Court Judge.5.2 The Clerk of Superior Court shall ensure that cases are marked and designated properly and accurately so the Court can rely on the official minutes and shuck when making determinations regarding a criminal matter.5.3 The Clerk of Superior Court shall ensure that all matters that occur in court are updated in the appropriate electronic criminal system repository so that the calendars reflect the proper and most recent information. For example, the calendar should reflect if an attorney has been appointed or retained, or if the defendant has signed a waiver and an accurate number of prior continuances.5.4 The Clerk of Superior Court, in conjunction with the District Attorney, Police Chiefs, and Sheriffs, SHALL work together to ensure equal balance of law enforcement officers on any given court date. It is the intent of this provision, that the District Attorney, the Clerk, and Law Enforcement Agencies will work together to ensure efficiency and balance on any criminal docket for the fair and efficient administration of justice.5.5It SHALL be the responsibility of the District Attorney's office to ensure that ALL prosecuting witnesses have notice of court dates and that subpoenas are issued in a timely manner to ensure cases can be disposed of without undue delay.5.6 It SHALL be the responsibility of the District Attorney's office to issue an Application and Writ of Habeas Corpus Ad Prosequendum (Writ) for any defendant that is incarcerated in a county detention facility or a North Carolina Prison facility in a timely manner to ensure cases can be disposed of efficiently and without undue delay. A copy of said Writ shall be clocked in and placed in the court file as verification of the request.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5
Amended effective 1/5/2023.