N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5.1

As amended through June 18, 2024

Rule 5.1 - Filing of Pleadings and Other Documents in Counties without Odyssey

(a)Scope. This rule applies only in those counties that have not yet implemented Odyssey, the Judicial Branch's new electronic-filing and case-management system. In a county with Odyssey, a person must proceed under Rule 5 of these rules.

(b)Electronic Filing. Electronic filing is available only in (i) cases that are either designated "complex business" or assigned to a Business Court judge under Rule 2.1 of these rules and (ii) cases subject to the legacy North Carolina eFiling Pilot Project. The procedure for filing documents electronically in those cases is governed by the North Carolina Business Court Rules and by the Supplemental Rules of Practice and Procedure for the North Carolina eFiling Pilot Project, respectively. In all other cases, only paper filing is available.

(c)Paper Filing. Documents filed in paper with the court should be unfolded and firmly bound with no manuscript cover. They must be letter size (8 1/2" x 11"), except for wills and exhibits. The clerk of superior court may require a party to refile a document that does not conform to these requirements.

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.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 5.1

377 N.C. 736; 384 N.C. 692.
Adopted effective 5/10/2021; amended February 1, 2023, effective 2/13/2023; amended June 18, 2024, effective 6/18/2024.

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) of Rule 5.1 lists those contexts in which electronic filing exists in the counties without Odyssey.

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.