N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5
If the clerk or judicial official rejects the document for one of the reasons specified above, then (i) the document will be treated as if it had never been filed with the court and (ii) the clerk or judicial official will notify the filer that it has been rejected and specify the reason it was rejected.
In civil actions, special proceedings, and estates, documents filed in paper with the court must include a cover sheet that summarizes the critical elements of the document in a format that the Administrative Office of the Courts prescribes. The clerk of superior court may not reject the filing of a document that does not include a cover sheet. Instead, the clerk must file the document, notify the party of the omission, and grant the party no more than five days to file the cover sheet. Other than dismissing the case, the court should not act on the document before the cover sheet is filed.
A document filed in paper is filed when it is file-stamped by the clerk of superior court or by another judicial official who is authorized by law to accept the document.
Comment
The North Carolina Judicial Branch is implementing Odyssey, a statewide electronic-filing and case-management system. The system will be made available across the state in phases.
Rule 5 of the General Rules of Practice defines filing in those counties with Odyssey. Rule 5.1 defines filing in those counties without Odyssey.
Subsection (b)(2) of Rule 5 requires an attorney to file pleadings and other documents electronically in Odyssey. An attorney who seeks relief from this filing requirement for a particular document should be prepared to show the existence of an exceptional circumstance. In an exceptional circumstance, the attorney should exercise due diligence to file the document electronically before the attorney asks the court for relief.
Subsection (b)(4) of Rule 5 indicates that a document is filed when it is received by the court's electronic-filing system, not when it is processed by the clerk's office. The file stamp on the face of the document will therefore reflect the date and time of receipt. Subsection (b)(4) also implements a 5:00 p.m. filing deadline on the due date for a document. If a document is filed on its due date, then it is timely if it is filed by 5:00 p.m. and late if it is filed after 5:00 p.m.
Subsection (b)(5) of Rule 5 describes the process of asking the court for relief if an emergency prevents an attorney from filing a document electronically in a timely manner. Subsection (b)(5) should not be construed to expand the court's authority to extend time or periods of limitation. The court will provide relief only as permitted by law.
Subsection (b)(6) of Rule 5 indicates that a person may withdraw a document that has been filed electronically. The functionality for withdrawing a document is built into the filer's Odyssey interface and is available until the clerk of superior court or the judicial official who is authorized by law to accept the document begins processing it.
Subsection (b)(7) of Rule 5 specifies the reasons the clerk of superior court or another judicial official who is authorized by law to accept a document may nevertheless reject it. The first category permits the clerk or judicial official to reject a document if there is an order, a statute, or a rule that prohibits the document from being filed. For example, a clerk may reject a document if a gatekeeper order directs the clerk not to accept it, if a document is ordered null and void pursuant to N.C.G.S. § 14-118.6 because it is a false lien or encumbrance, or if a document is not permitted to be filed under Rule 5(d) of the Rules of Civil Procedure (e.g., a discovery request or response, an offer of settlement, or a document submitted to the court for in camera review). The second category permits the clerk or judicial official to reject a document if the filer submits a rejection request in writing to the clerk who is processing the document. This category gives the clerk's office an opportunity to inform the filer of potential issues with a document so that the filer can correct mistakes and make changes to the document before it is accepted and added to the case file. The final category permits the clerk or judicial official to reject a document that is either unviewable due to corruption or potentially harmful because of a virus or other malicious software. If a document is rejected, the rule requires the clerk or judicial official to notify the filer that the document has been rejected and specify the reason it was rejected.
The North Carolina Business Court currently accepts filings through eFlex, a legacy electronic-filing and case-management system. Until Odyssey is implemented both in the Business Court and in the county of venue, duplicate filings in Business Court cases will still be required (see Rule 3.11 of the North Carolina Business Court Rules). Subsection (f) of Rule 5 of the General Rules of Practice clarifies that in Business Court cases, Rule 5 governs filings "with the Clerk of Superior Court in the county of venue."
As Odyssey is implemented, litigants should expect the General Rules of Practice, the North Carolina Business Court Rules, and the Supplemental Rules of Practice and Procedure for the North Carolina eFiling Pilot Project to undergo change.
N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 5
Amended September 23, 2020 10/1/2020; amended effective 5/10/2021; amended February 1, 2023, effective 2/13/2023; amended June 18, 2024, effective 6/18/2024.