N.C. R. Prac. Super. & Dist. Ct. 12

As amended through June 18, 2024
Rule 12 - TRIAL CONTINUANCE POLICY - CIVIL
12.1 The Senior Resident Superior Court Judge shall have exclusive control over the status of trial calendars once established by the TCC pursuant to this Plan, including the authority to consider continuances until the trial session begins. The trial judge is not bound by previous order of the Senior Resident, but is requested to take such order into account. It is the philosophy of this Plan that very few reasons will support a motion to continue. The authority to consider trial continuance motions may be delegated to the Trial Court Coordinator from time to time.
12.2 All motions for continuance shall be in writing on AOC-CV-221 , and shall be received by the TCC no later than 10 calendar days prior to the opening of the trial session. A copy must be sent to all counsel of record and pro se parties by hand delivery, U.S. mail, facsimile, or electronic transmission, simultaneous with or prior to presentation to the TCC. The motion shall specify the reasons for the request, and a new trial date shall be proposed.
12.3 Opposing counsel and pro se parties shall have a period of two (2) business days following the date upon which the TCC receives the motion shall signal the beginning of the period in which to object. Objections not raised within this time period shall be deemed waived.
12.4 Motions for continuance will not be granted except for crucial, unforeseeable cause. The advance notice provided in the Scheduling Order is deemed a reasonable and sufficient period to accommodate the majority of conflicts. Personal conflicts such as vacations, family commitments and continuing legal education opportunities do not rise to the level of crucial, unforeseeable cause. The Guidelines for Resolving Scheduling Conflicts appearing as Rule 3.1 of the General Rules of Practice for the Superior and District Court will govern rulings regarding professional conflicts.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 12

Effective 7/1/2023.