N.C. R. Prac. Super. & Dist. Ct. 8

As amended through June 18, 2024

Rule 8 - Miscellaneous Provisions

8.1 Motions for appropriate relief shall be governed by those rules previously established by Senior Resident Superior Court Judge for the Twenty-Seven A Judicial District.

8.2 In order to meet the statutory requirement (NCGS Section 15A-1345) of providing a preliminary hearing within seven (7) days of an arrest order accompanying an allegation of a probation violation, such hearings will be scheduled each Monday morning in Courtroom 4C. It will not be necessary for the probation officer assigned to the specific case to be present at that hearing since the formal rules of evidence do not apply. Therefore, it will be sufficient for there to be a probation officer present with the probation file who can attest to the identity of probation offenders and to identify probation documents.

8.3 Probation revocation hearings will be scheduled in Courtroom 4C pursuant to a schedule prepared by the District Attorney and the Probation Department. It will be the responsibility of the Probation Department to set cases for hearing and to coordinate the setting new cases with the Clerk's Office so that the total numbers of cases set does not exceed the number agreed upon in the schedule for this courtroom. It is understood that it is difficult to estimate in advance how many cases will adequately use the court time available, especially since neither cases nor Judges are exactly alike, but it is essential that all agencies involved in this process work together to determine the optimum number of cases to be set in this courtroom.

8.4 Bond forfeiture matters will be scheduled in Courtroom 4C on a schedule determined by the Senior Resident court Judge and the Clerk of Superior Court.

8.5 No provision of these rules shall be interpreted by any party or by the court in such a way as to deprive any defendant of any right provided by the General Statutes of North Carolina or by the state and federal constitutions.

8.6 No provision of these rules shall be interpreted by any party or by the court in such a way as to deprive any victim of a crime of any right provided by the General Statutes, of North Carolina (Article 46 of Chapter 15A) or by the Constitution of North Carolina (Article I, Section 37) .

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8

Amended effective 8/15/2022.