N.C. R. Prac. Super. & Dist. Ct. 4.0

As amended through June 18, 2024

Rule 4.0 - PRIORITY, PEREMPTORY, REMANDED, EXCEPTIONAL or COMPLEX BUSINESS (RULE 2.1) CASES and SPECIAL SESSIONS

4.1 Counsel shall, in writing, notify the JSS (as soon as practicable) using APPENDIX D that priority status and peremptory setting is requested for a case. The authority for such request shall be cited in such notification. Counsel shall copy all opposing counsel and/or any unrepresented party. Such request shall be in accordance with Rule 2(f) of the General Rules of Practice for the Superior and District Courts.

4.2 The Court, on its own motion, may grant priority status and peremptorily calendar a case, for good cause shown.

4.3 If a priority case is continued, a written request for a new peremptory setting shall be made to the JSS using APPENDIX E.

4.4 If a case is remanded from the Appellate Division to Superior Court, counsel shall immediately notify the CC, in writing, to calendar the case for hearing or trial. After such notice, the CC shall calendar the case as soon as practicable, giving deference to scheduling requests from all counsel and/or any unrepresented party,

4.5 The designation of any case as "Exceptional" or "Complex Business" shall be in accordance with Rule 2.1 of the General Rules of Practice for the Superior and District Courts. A copy of any such request shall be served upon the Court Manager.

4.6 Special Sessions. Parties wishing to set a case for trial at a special session shall notify the JSS and opposing counsel or unrepresented party in writing. The JSS shall determine which cases are appropriate for trial at special sessions. Factors which shall be considered include, but are not limited to, anticipated length of trial, emergencies such as witness health, complexity of issues and severe scheduling difficulties of attorneys and/or essential witnesses. The JSS shall make all appropriate arrangements for conduct of special sessions.

4.7 Upon refiling a case previously dismissed pursuant to Rule 41, the plaintiff shall provide a copy of the new complaint to the JSS, along with a reference to the first case number.

4.8 Removal to Federal Court. When a party removes a case to Federal Court, counsel for that party shall contemporaneously provide a copy of the pleading to that effect to the Clerk of Superior Court and the Court Manager. Upon receipt of the notice of removal to Federal Court, the Clerk of Superior Court is to close the file.

4.9 Cases Initiated Other Than By Complaint. Upon initiating any matter in civil Superior Court by the filing of any pleading which is not a Complaint, (i.e.. Will Caveat, Administrative Appeal, Certiorari, any Post Judgment Motions or Other Filings), the party so initiating shall immediately provide a copy of this pleading along with a filed calendar request to the CC via email.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 4.0

Adopted December 29, 2023, effective 1/1/2024.