N.C. R. Prac. Super. & Dist. Ct. 1

As amended through June 18, 2024

Rule 1 - General Provisions

1.1 The purpose of these rules is to institute a Criminal Case Docket Management Plan that will provide orderly, prompt and just disposition of criminal matters in the Twenty-Seven A Judicial District. This plan is intended to resolve criminal cases in a manner that protects the interest of this District, the State, and the victims of crime, as well as to ensure that the rights of criminal defendants are preserved.

1.2 The calendar for the disposition of criminal cases in the Twenty-Seven A District, Superior Court division, shall be set and maintained by the District Attorney in accordance with these rules. The District Attorney shall establish and maintain a case tracking system to monitor the number, age, type, and procedural status of all pending cases. (As used in these rules, the term "District Attorney" shall include the elected District Attorney for the Thirty-eighth Prosecutorial District and his designees.)

1.3 These rules shall, at all times, be construed in such a manner as to avoid technical delay.

1.4 These rules shall be filed in the Office of the Clerk of Court of Gaston County and may be cited accordingly.

1.5 The District Attorney shall distribute a copy of these rules to each member of the Bar of the Twenty-Seven A Judicial District. The District Attorney shall maintain a supply of printed rules to be provided upon request.

1.6 The Clerk of Superior Court shall provide a file number for each case at the time of indictment. The file number shall be designated on all subsequent pleadings and papers filed with the Clerk and all subsequent communications to opposing counsel, parties or court personnel. All pleadings, all motions, and other documents needed to comply with these rules shall be filed with the Clerk.

1.7 The provisions of these rules shall apply to all Superior Court cases with indictment or appeal dates beginning on or after January 1, 2000. Such cases shall be termed "Docket Management Plan cases". Superior Court filings pending prior to January 1, 2000. May be integrated into the Docket Management Plan in the discretion of the District Attorney upon consultation with the Senior Resident Superior Court Judge or the Presiding Judge.

1.8 These rules shall not apply to cases designated as "Exceptional" by the District Attorney, a Resident Superior Court Judge, or by agreement of the parties. Cases which may be designated as "Exceptional" include, but are not limited to, capital cases, complicated drug conspiracies, cases including multiple defendants or victims, complicated white-collar crimes, and those cases requiring scientific investigation or testing. After notification by the District Attorney of the State's intention to designate a case as "exceptional", any defendant objecting to such a designation may file an objection to be heard at the Administrative setting, at which the Court will determine if the case is designated "Exceptional".

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1

Amended effective 8/15/2022.