Rule 2.0 - CALENDARING OF CASES FOR TRIAL [Scheduling Notice and Final Trial Calendar (FTC)]2.1 After 120 days from the date of filing, or after 365 days from the date of filing in a condemnation action, the JSS shall send an Order for Mediated Settlement Conference in Superior Court and Trial Calendar Notice (AOC-CV-811) to all counsel of record and/or any unrepresented party having been served in the case to seek input regarding selection of a mediator. If the parties do not believe the trial date selected by the Court is reasonable, then they should immediately propose a new trial date and an explanation for the proposed date. a. All counsel and/or any unrepresented party should also select a mediator, pursuant to N.C.G.S. § 7A-38.1(h), using the Designation of Mediator form (AOC-CV-812) (APPENDIX A).b. Failure to submit a Designation of Mediator form within 21 days after receipt of the same will be considered a waiver of the opportunity to select a mediator. This form may be submitted by a single party if, after repeatedly requesting to confer regarding these matters, the opposing counsel/party has failed to respond. Attorneys and parties who fail to submit will be bound by the mediator selected by the Court.c. Any party served after the AOC-CV-811 form has been filed are bound by the same and have notice of what is included in the file. As a courtesy, the parties should inform any late served party of any filed AOC-CV-811 and AOC-CV-812 forms.d. Deadlines in all cases shall be as follows:1. Written discovery - 60 days prior to trial2. Expert witness disclosure Plaintiffs Expert - 90 days prior to trial Defendant's Expert 60 days prior to trial Plaintiffs Rebuttal Expert - 30 days prior to trial 3. Discovery depositions - 60 days prior to trial4. Completion of discovery (except bene esse depositions) - 60 days prior to trial5. Completion of mediation - 45 days prior to trial6. Dispositive motions - The civil admin sessional least 30 days prior to trial date. If the trial date moves, then these discovery deadlines are automatically adjusted accordingly.
2.2 Not less than three weeks prior to each civil session, a Final Trial Calendar (FTC) shall be published by the CC. The FTC shall contain all trials and motions scheduled for the session. The FTC shall be distributed to counsel by posting on the web at www.nccourts.org. (Click on "Court Calendars" at top right; click on "Court Calendar'' at left; click on "Civil Calendars" select "Cabarrus County;" click "Submit Query;" click on the appropriate session; click on the appropriate trial calendar listed under Superior Court.) Distribution to any served, but unrepresented party, shall be by US mail. The Court may in its discretion enter an updated calendar to be posted on www.nccourts.gov.2.3 Attorneys may search cases on published calendars using tire Civil Calendar Attorney Query by Bar Number tool at www.nccourts.gov. To ensure accuracy of this tool, attorneys must provide the Clerk of Superior Court with information regarding withdrawals, notice of appearance, and substitution of counsel in specific cases. Filings must include the North Carolina State Bar number for each attorney of record. Only attorneys active with the North Carolina State Bar and who have a valid North Carolina State Bar identification number may use this search tool.2.4 The North Carolina Court Calendar subscription service is available to anyone for civil Superior Court cases set for hearing on published calendars in Cabarrus County at the following web address: http://wwwl.aoc.state.nc.us/www/calendars/CiviLisp?countv=CABARRUS.2.5 Cases shall appear on the FTC, oldest-numbered first, and listed after cases designated peremptory, or given statutory priority. Attorneys should proceed on the assumption that all cases on the Trial Calendar will be tried at the scheduled session unless resolved by consent order or dismissal. When there is more than one ongoing civil session of court, a case may be called for trial by any presiding judge.2.6 In the event a case is not reached at the session requested, counsel and/or any unrepresented party shall select another trial date by forwarding the same to the JSS within 5 business days of the end of the session. If counsel and/or any unrepresented party fail to so select, the JSS will calendar the case on the next published FTC.2.7 If a case is settled after placement on any FTC, counsel and/or any unrepresented party shall notify the CC (within 24 hours of settlement) using APPENDIX F and advise who will prepare and present judgment and/or dismissal, and shall also notify the parties appearing in the next case on the FTC as soon as possible, Rule 2(g) of the Superior and District Court Rules.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 2.0
Adopted December 29, 2023, effective 1/1/2024.