N.C. R. Prac. Super. & Dist. Ct. 7

As amended through June 18, 2024
Rule 7 - Continuances
7.1 A case may be continued from the trial calendar only by consent of the State and the defendant or upon order of the presiding Judge or Resident Superior Court Judge for good cause shown.
7.2 All motions for continuance must be in writing, filed and delivered to the office of the Senior Resident Court Judge and to opposing counsel not later than noon on Wednesday preceding the session in which trial is calendared. Oral motions or motions filed out of time must show good cause for the failure to file a timely written motion.
7.3 If the State and the defendant both consent to the continuance and such consent is indicated by the signature of the District Attorney and defense counsel on a continuance form, the continuance is allowed, and the continuance form shall be filed in the court file.
7.4 When either the State or the defendant opposes a continuance, the Senior Resident Superior Court Judge will issue a ruling on the motion for continuance after consideration of the reason for the continuance request, the number of previous continuances, the age of the case, the pre-trial detention status of the defendant, and the number and type of other trial matters present on the trial calendar for the session. In the event the Senior Resident Superior Court Judge presiding over court in the County may rule on continuance motions. Opposing parties must be given an opportunity to be heard before the court rules on a motion to continue if circumstances permit.
7.5 No case shall be continued without rescheduling the trial to a date certain, except in a case of extreme and unusual circumstances.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7

Amended effective 8/15/2022.