N.C. R. Prac. Super. & Dist. Ct. 4

As amended through June 18, 2024

Rule 4 - MOTIONS FOR CONTINUANCE - JUVENILE CASES

For an abused or neglected child, the courts are the source of protection and the source of services. For a delinquent child, the courts provide the opportunity for rehabilitation and for the protection of the community. The goal of a case management plan for juvenile court is to put the courts in the best position to ensure the safety of children, to give them the best possible chance of living in stable, permanent families and to protect the community. Continuances should be allowed only when it serves the child's best interest or is necessary to protect the community. Participants must come to court prepared to meet each statutory obligation and other requirements necessary for resolution of these matters. Juvenile cases, including motions for review in neglect and abuse matters, should be disposed at the earliest opportunity, including the first setting hearing. Requests for continuances that are made after the first setting for hearing on the merits of the case shall only be granted for extraordinary cause.

4.1 Appropriate Court Official: All applications for continuance shall be made to the District Court Judge presiding over the session of court for which the case is calendared. If the trial judge is not known at the time the request is made, or is unavailable, the application should be addressed to the Chief District Court Judge, or her designee.

4.2 Court Conflicts The various levels of court should work together to dispose of cases as expeditiously as possible consistent with the other goals of this order. Age of case, subject matter, priority of setting, fundamental fairness and common sense should be considered when resolving conflicts. Attorneys shall notify the court and opposing counsel of any other court conflict(s) as those become known and shall keep the court advised of the resolution of all conflicts. All judges should communicate with other judges to resolve such conflicts and shall make a reasonable effort to do so when requested by the attorney for wither the plaintiff or defendant. In resolving conflicts, juvenile cases shall take precedence over all other matters in district court with the exception of jury trials.

4.3 Documentation of Continuance: All orders for continuance shall be documented in writing, and shall include the name of the moving party, any objections to the continuance, and the basis for the continuance.

4.4 Notification of Opposing Counsel/Unrepresented Parties/Witnesses: All applications for continuance shall be made as soon as a conflict is identified, and all impacted - opposing counsel, unrepresented parties, subpoenaed witnesses, or court staff charged with subpoenaing witnesses - shall be notified as soon as possible by the moving party.

4.5 Objections to Motion for Continuance: All parties should have an opportunity to be heard on a motion to continue.

4.6 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 partied 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.

4.7 Case Rescheduling: Upon granting a motion for continuance, the judge shall reschedule the case for a specified date, taking into consideration the availability of counsel, parties and witnesses and volunteer guardian ad litem.

4.8 Time Standards: All undisciplined cases should be disposed within 30 days of service of the petition. All delinquency cases involving misdemeanor offenses should be disposed within 90 days of service of the petition and those involving felony offenses should be disposed within 120 days of service of the petition. All adjudication of neglect and abuse cases should be within 60 days of service of the petition. All termination of parental rights (TPRs) should be disposed within 120 days after service of petition. These time standards are subject to all other statutory time requirements for the scheduling of hearings for review of secure and non-secure custody orders.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4

Amended effective 8/15/2022.