N.C. R. Prac. Super. & Dist. Ct. 7
Any motion for a continuance from the Superior Court calendar for reasons arising before the close of business on the Friday preceding the first day of the session shall be made, with notice to all opposing counsel or unrepresented parties, in writing if possible, to the Office of the Senior Resident Superior Court Judge. The Senior Resident Superior Court Judge shall rule on these motions. Motions for continuances may be directed to the Presiding Judge only for reasons arising after the close of the business day on the Friday preceding the first day of the session.
All applications for continuance shall be by written motion made on state form AOC-CV-221. See Appendix 2. A copy of such motion shall be delivered to the Court Manager or emailed to stephanie.h.hinson@nccourts.org.
A copy of the completed form AOC-CV-221 must be distributed to all counsel of record and/or unrepresented parties prior to presentation of the motion to the appropriate judicial official. Distribution of the motion may be by U. S. Mail, facsimile transmission, e-mail, hand delivery, or distribution by means of attorney distribution boxes maintained in the courthouse facility.
Opposing counsel and/or unrepresented parties shall have a period of three (3) working days following completion of distribution to communicate, by any means, objections to the motion for continuance to the moving party and the office of the Senior Resident Superior Court Judge. Objections not raised within this time period are deemed waived.
Continuance requests are presumptively disfavored. However, when compelling reasons for continuance are presented which would affect the fundamental fairness of the trial process or when a continuance clearly is in the interest of justice, a continuance may be granted in the exercise of judicial discretion to further the best interest of the fair administration of justice.
In addition to other factors, the appropriate judicial official shall consider the following when deciding whether to grant or deny a motion for continuance.
the age of the case; the status of the trial calendar for the week; the order in which the case appears on the trial calendar, including whether the case is peremptorily scheduled; the number of previous continuances; the extent to which counsel had input into the scheduling of the trial date; the due diligence of counsel in promptly filing a motion for continuance as soon as practicable; whether the reason for continuance is a short-lived event which could be resolved prior to the scheduled trial date; the length of the continuance requested, if applicable; the position of opposing counsel; whether the parties themselves consent to the continuance; present or future inconvenience or unavailability of witnesses/parties; and . any other matter that promotes the ends of justice.Prior to granting a motion for continuance, the appropriate judicial official, in consultation with the office of the Senior Resident Superior Court Judge or his designee, should reschedule the trial of the case after receiving input from all counsel.
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7