5.1 A Defendant shall not be required to file any pre-trial motions until after the State has provided discovery under these rules.5.2 All pre-arraignment motions, as defined by statute or case law, see N.C.G.S. § 15A-952, shall be filed no later than seven (7) days prior to the second setting and will be heard at the second setting.5.3 During the second/final setting, parties shall establish the schedule of dates for which pre-trial motions, excluding motions in limine, shall be filed and heard. These hearing dates are firm dates and should be strictly adhered to unless good cause is shown for a deviation from the scheduled date. Pre-trial motions which, in the opinion of the court, will require lengthy evidentiary hearings or will be dispositive of the case shall be scheduled during a Criminal Docket Management Week or other time certain, so as not to impede the commencement of the trial on the scheduled trial date.5.4 Except under circumstances which could not have been reasonably foreseen by the movant, all motions filed beyond the established deadlines are subject to summary dismissal by the court. This provision does not apply to motions, such as motions in limine, which are appropriately directed to the judge presiding at trial,N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 5
Adopted April 8, 2022, effective 4/8/2022.