N.C. R. Prac. Super. & Dist. Ct. 20.6

As amended through June 18, 2024

Rule 20.6 - Evaluation of Motions for Continuance

Factors to be considered by the appropriate court official when deciding whether to grant or deny a motion for continuance should include:

A) the best interest of the child;

B) the opportunity to exercise the right to effective assistance of counsel;

C) the age of the case and seriousness of the charge;

D) the incarceration status of the juvenile;

E) the effect on children and/or other caretakers if the issue is continued and not resolved;

F) the impact of a continuance on the safety of the parties or any other persons;

G) the status of the trial calendar for the session;

H) the number, moving party, and grounds for previous continuances;

I) the due diligence of counsel or unrepresented parties in promptly making a motion for continuance as soon as practicable and notifying opposing counsel and witnesses;

J) the due diligence of parties in promptly bringing to their attention the basis for the continuance motion;

H) the period of delay caused by the continuance requested;

I) the presence of witnesses, including the juvenile;

J) the availability of witnesses for the present session, or for a future session;

K) whether the basis of the motion is the existence of a legitimate conflict with another court setting;

L) the availability of counsel; consideration of the financial consequences to the public, the parties, the attorneys, and the witnesses if the case is continued; and

M) any other factors that promotes the fair administration of justice.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 20.6

Adopted December 21, 2022, effective 1/1/2023.