N.C. R. Prac. Super. & Dist. Ct. 10

As amended through June 18, 2024
Rule 10 - MOTIONS
10.1 The scheduling of Motions is accomplished through the efforts and discretion of the TCC and is governed by a separate document, revised from time to time, which appears on the North Carolina courts website (nccourts.org) for each of the three counties of this judicial district (Henderson, Polk, Transylvania). Motions in civil action may be heard in any of the three counties of this district; still, however, there are a limited number of days which may be scheduled in advance for this purpose and the waiting time for hearing a motion is often two or more months. This Plan requires that counsel and pro se parties review and comply with the Motions practice document for this district.

Discovery-related motions in particular slow down the movement of the case towards resolution if not timely considered. All counsel are advocates for the parties they represent, but they are also professionals whose conduct is subject to standards when engaging with other professionals. The number of such motions which are withdrawn on the day of hearing leads one to believe that one or both of the parties has failed to communicate in good faith. If this district's case-resolution goal is to be reached and the parties properly served, counsel must engage in good-faith discussion throughout the term of their representation.

10.2 All motions must be filed and heard prior to the date of trial, except those which must be heard by the Trial Judge. With respect to those motions which must be heard by the Trial Judge, the parties shall communicate with the TCC to schedule the pre-trial motions if at all possible, for hearing in advance of the arrival of the jury pool.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 10

Effective 7/1/2023.