N.C. R. Prac. Super. & Dist. Ct. 9.0

As amended through June 18, 2024

Rule 9.0 - INACTIVE OR DELINQUENT CASES

9.1 Inactive cases do not require monitoring, calendaring, or review. If approved by the Court, a case may be declared inactive by the filing of a consent motion with the CC, executed by, and served upon, all counsel of record and/or any unrepresented party. Upon filing, the SRSCJ may order the Clerk of Superior Court to close and remove the case from tire Court's active docket (APPENDIX I).

9.2 The Court may declare as inactive certain cases that are on appeal, in binding arbitration, removed to federal court, or in bankruptcy. Nothing shall prohibit a case from being reactivated, at any time, for good cause shown.

9.3 Cases or motions scheduled for trial or hearing which are removed due to consent or settlement shall be considered delinquent if the order, judgment or dismissal is not submitted or filed within thirty (30) days after the case is settled ("delinquent cases").

9.4 Cases or motions scheduled and heard by the Judge or by Jury shall be considered delinquent if the order or judgment is not submitted within thirty (30) days after the hearing, unless otherwise directed by the presiding Judge.

9.5 The Court Manager shall identify those orders, judgments or dismissals which are delinquent, pursuant to Rule 9.3 and 9.4 above and bring them to the attention of counsel/unrepresented parties. After such notice, cases remaining delinquent may be dismissed at the discretion of the SRSCJ or presiding Judge. The Court may alternatively order such sanctions or impose such penalties as deemed appropriate and allowed by law.

9.6 At any appropriate time, the JSS may prepare a Clean-Up Calendar for cases in which no progress has been noted. The Clean-Up Calendar may contain any cases which, in the opinion of the JSS, may be a proper subject of inquiry as to their status, and may include, without limitation, cases in which no service has been obtained or any case that does not appear to be moving towards disposition. If not dismissed as provided in Rule 9.5 above, delinquent cases may also be placed on a Clean-Up Calendar.

9.7 In lieu of placing a case on a cleanup calendar, the Court may seek a written Joint Response Status Update Form (APPENDIX K). Failure to timely respond will result in the case being calendared. On the Calendared date, all parties as well as their lawyers shall be present at the hearing to inquire into the status of the case.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9.0

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