Rule 12.0 - MISCELLANEOUS12.1Medical Malpractice Cases. The rules regarding medical malpractice cases are contained in Administrative Order 22-05, which is available on the Court's website.12.2Pro Hac Vice. Motions to be admitted Pro Hac Vice must be accompanied by the fee required by the North Carolina General Statutes, together with an appropriate affidavit that the attorney seeking Pro Hac Vice status is a member in good standing in every jurisdiction in which the attorney is licensed to practice, has not been disciplined in any of the jurisdictions where the attorney is licensed to practice, has never had a Pro Hac Vice status revoked by law tribunal, and is not the subject of any pending disciplinary proceedings. Local counsel shall sign an affirmation that he/she will comply with Rules 5.5 (c)(4) and 5.5 (e)(5) of the Revised Rules of Professional Conduct of the North Carolina State Bar. Motions not accompanied by the fee will be denied without notice. Should a motion not accompanied by the fee be inadvertently allowed, the Order allowing the admission will be revoked without notice.12.3Notice of Appearance. Any attorney filing a Notice of Appearance, Substitution of Counsel, or similar document, shall provide a copy to the JSS when the motion is filed.12.4Service. A party filing a lawsuit is expected to promptly undertake reasonable efforts to obtain personal service on all defendants. If service is not obtained within five (5) months after undertaking reasonable efforts, the party shall seek service by publication. Failure to undertake reasonable efforts to obtain service or to prevent summonses from expiring will result in dismissal for failure to prosecute. If any party to the lawsuit has been served, then the Court Manager shall send AOC-CV-811. Cases shall not be delayed for lack of reasonable efforts to serve all parties.
If service has not been obtained on any defendant within 120 days of filing, then the JSS shall schedule the matter to review service.
12.5Voluntary Dismissals. If a party files a voluntary dismissal of a case, claim, or party and the case is on a calendar within ten (10) days of the dismissal, the party filing the dismissal shall immediately deliver a filed copy to each opposing party and to the CC on the date the dismissal is filed, by facsimile, hand-delivery or email.12.6Order Submission Form. All draft orders prepared by counsel on behalf of the Court shall be submitted with a completed Order Submission Form to the CC unless otherwise directed by the presiding Judge (APPENDIX J). The draft order shall be first submitted to all counsel and/or unrepresented parties in the action with notice to respond within 10 days to any objections to the form of the order. Thereafter, the draft should be submitted to the CC with any proposed revisions or confirmation that the draft was approved as to form. If there is no response, then that should be noted on the Order Submission Form when it is submitted. The CC shall be responsible for forwarding the draft order to the presiding Judge unless the presiding Judge directs otherwise.12.7Secured Leave. Pursuant to Rule 26 of the General Rules of Practice for the Superior and District Courts, attorneys may designate periods of secure leave. Attorneys appearing in cases pending before the civil Superior Court of Cabarrus County must submit their Notice of Secure Leave (Appendix L) to the Clerk of Superior Court's office. It is not necessary to provide an additional copy to the SRSCJ or JSS, and doing so is disfavored. Notices of Secure Leave should be sent to the following Address; Clerk of Superior Court
Attn: Civil Division
PO Box 70
Concord, NC 28026
Secured leave designations are not filed in the court files and should not contain a case number. The CC will enter the information into a database used to track periods of secure leave. While this provision relates to secured leave periods for lawyers involved in civil superior cases, it is also not necessary to provide forms to the SRSCJ or JSS related to criminal matters. The Clerk forwards all Notices of Secured Leave filed with him to the CC. Of course, notice to the District Attorney should be provided as set forth in Rule 26 of the General Rules of Practice for the Superior and District Courts.
Policy and procedures described herein are not exclusive. In extraordinary circumstances, the time limitations for notification of designated weeks may be waived by the Court when attorneys have been faced with particular or unusual situations. Furthermore, attorneys shall be able to make other requests to be excused from appearing before the Court for personal and professional reasons.
12.8Motions to Withdraw. Motions to withdraw must include a certificate of service showing service on the client from whom representation is being withdrawn. The motion also must indicate whether all parties consent or if any party opposes the motion. The motion and proposed order must set forth the name and address of substitute counsel, or if not known, the current address of the party from whom representation is being withdrawn. No action will be taken on a motion and proposed order that does not include this information. If the motion to withdraw is granted, the withdrawing attorney must serve a copy of the signed order on the CC.12.9Guidelines for Resolving Scheduling Conflicts. Rule 3.1 of the General Rules of Practice for the Superior and District Courts should be followed. Unless necessity requires, it is unacceptable for counsel to point out conflicts to the Court without providing the Court ample time to resolve the same. Rule 3.1(b) requires counsel to "promptly give written notice" when the attorney learns of a scheduling conflict.12.10Conferences. The Court welcomes the opportunity to conduct scheduling or pre-trial conferences when the parties think doing so would be helpful. To request a conference, either in court, in chambers, or by telephone, please contact the JSS by email. The Court also resolves the right to request conferences.12.11Rule 12 and Professional Courtesy. Rule 12 of the General Rules of Practice for the Superior and District Courts shall be strictly enforced. Counsel and unrepresented parties should treat others as they want to be treated.12.12Cases Under Advisement. Attorneys or unrepresented parties should notify the CC of cases that have been heard and taken under advisement when a period of more than 90 days has passed since the hearing without a ruling. The CC shall then contact the presiding Judge to seek an update the parties of when an anticipated decision will be forthcoming.12.13Transcripts/Electronic Recordings of Court Proceedings. Requests for transcripts of court proceedings shall be made to the Resident Court Reporter of Judicial District 25. If a court proceeding was electronically recorded, a request for the recording shall be made to the Clerk. An electronic recording of the hearing and a list of persons authorized and approved to prepare a transcript will be provided.12.14 Effective Date. These rules shall be effective January 1, 2024.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 12.0
Adopted December 29, 2023, effective 1/1/2024.