Rule 2 - JUDICIAL ASSIGNMENTS, EVENT DATES, CONTEMPT MOTIONS, AND EX PARTE SUBMISSIONS2.1.Judicial Assignment and Event Dates. Immediately following the filing of a Chapter 50, 50A, or 52C case matter, whether an initial filing, a counterclaim, or a motion in the cause, the moving party shall contact the FCO to obtain or confirm the Judge assigned and to commence the case event dates pertaining to the filing. This contact may be in person, by email, by telephone, or by fax. FCO will review other or pending Pitt County Family Court calendaring of any counsel of record prior to reserving a hearing date. Counsel of record and/or unrepresented parties shall cooperate and communicate in advance to the extent practical and reasonable for the purpose of agreeing on hearing or event dates and times. Once assignments and relevant event dates are provided by the FCO, it is the responsibility of the filing party or counsel to record this information on the Notice of Hearing Form (Form #2, See Appendix of Forms), to file the Form #2 with the Clerk, to provide a copy to the FCO, and to serve a copy in accordance with the Rules of Civil Procedure. A copy of the pleadings and Form #2 shall be placed in the FCO box in the Clerk of Superior Court's office, faxed, e-mailed, or hand-delivered to the FCO after filing. If Form #2 is not filed and provided to the FCO within three (3) days of receiving the requested event date(s), the event date(s) may be released for other cases to be scheduled and new event or hearing date(s) will have to be obtained by the requesting party.2.2Submission of Filings. Unless and until e-filing is established and approved for the district, filing of required documents in Family Court matters shall be by mail or hand-delivery of the documents to the Clerk of Superior Court's Office for filing/issuance of Summons. Judge assignment and the initial event dates pertaining to the filing shall be established by the FCO. The Clerk of Superior Court shall provide a case number at the time of the initial filing and all subsequent filings shall contain the proper case number.2.3Motions for Contempt/Order to Show Cause. All motions for contempt and/or motions for entry of Orders to Show Cause shall be filed with the Clerk of Superior Court. A proposed Order to Show Cause should be submitted to the FCO with a copy of the Motion for Order to Show Cause. If an Order to Show Cause is signed, the FCO shall schedule the show cause for hearing in front of the assigned Judge, along with the date for an advisement hearing. The Order to Appear and Show Cause shall contain the date, time, and place for the show cause hearing as well as the date, time, and place for the advisement hearing. A Copy of the Order shall be e-mailed, hand-delivered, faxed, or placed in the FCO box in the Office of the Clerk of Superior Court by the party filing the Motion or seeking the Order to Show Cause. Unless a formal written Motion or Request is filed with the Court in advance of the hearing date, hearings for Motions in the Cause for contempt and/or Show Cause Orders shall be allotted one (1) hour for hearing. Additional time may be allowed by the Court to assure due process and a fair hearing to any party seeking additional time for the hearing. Failure to make a timely request for additional time shall be deemed a waiver. To the extent practical and consistent with due process, each party shall be allocated one-half of the hearing for the presentation of their evidence and case (direct examination of the party's witnesses, cross-examination of the opposing party's witnesses, examination of affidavits, and opening and closing statements). If a party has been properly served with and actually received Notice of his/her right to apply for appointed counsel in a contempt matter and thereafter fails to appear for the noticed advisement hearing or fails to make an application for counsel in a timely manner, or to otherwise request appointed counsel in advance of the date set for trial of the contempt matter, absent compelling evidence to the contrary, then the party's failure to appear and to make the request shall be evidence of the party's waiver of appointed counsel and consent to the scheduled trial of the contempt issues. Absent compelling evidence or law to the contrary, the Court may treat such failure by a party to appear and to request appointed counsel as a waiver. Nothing herein is intended to or shall operate to deny an eligible person their statutory or constitutional right to counsel, and the Court shall make appropriate inquiries as may be required by law before determining the waiver. This Rule is intended to promote the efficient and timely resolution of contempt matters and to avoid unreasonable delay.
2.4Motions for Ex Parte Orders. Ex parte Orders shall be sought only for such circumstances as are allowed by the North Carolina General Statutes and North Carolina Rules of Civil Procedure. Ex parte filings shall not be abused, and ex parte Orders are intended to address urgent matters of an emergency nature pending the opportunity for a full hearing involving all parties before the Court. In cases wherein the moving party knows the adverse party to be represented by counsel, unless otherwise exempted by statute (Temporary Restraining Order notice exemption) or clear and convincing emergency or safety circumstances, reasonable notice shall be given to opposing counsel, who shall be given the opportunity to be heard at the time of presenting the motion to the Court. Reasonable notice shall be presumed to be oral notice given at least one (1) hour prior to appearance before the Court for the purpose of making the motion. When seeking an ex parte ruling, counsel or an unrepresented party must inform the Court of the identity of any known opposing counsel. In its discretion, the Court may conduct a hearing and enter an ex parte Order in open Court based on the emergency allegations or it may hear the matter and enter an ex parte Order in chambers. A copy of the pleading/motion requesting an ex parte Order shall be delivered to the FCO along with the proposed ex parte Order for review by the Judge. If the filing is in a new case in which a hearing has not been held, or in a case in which a Judge has been assigned but no hearings have been held, the moving party shall contact the FCO which will schedule a hearing on the ex parte request before any District Court Judge or the presentation of the ex parte filings to any District Court Judge. The case will then be assigned to a different District Court Judge for future hearings, including the return hearing. If the ex parte request is in a case in which a Judge has been assigned and hearings have been conducted previously, then FCO may schedule a hearing on the ex parte request before the previously assigned Judge.
If entered, the ex parte Order shall contain the date, time, and place for the return hearing and a copy of the Order shall be delivered to the FCO by e-mail, facsimile, hand-delivery, or by leaving it in the FCO box in the Clerk's office. The return hearing on ex parte Orders shall be held whenever possible within ten (10) days of the signing of the Order before the assigned Judge, or as otherwise ordered by the Court. A return hearing on an ex parte Order shall be given one (1) hour for hearing unless additional time has been allowed pursuant to these Rules. Each party shall be allocated one-half of the hearing for the presentation of their evidence and case (direct examination of the party's witnesses, cross examination of the opposing party's witnesses, examination of affidavits, and opening and closing statements).
2.5Ex Parte Communications. An ex parte communication is one on behalf of a party to a matter pending before the Court that occurs in the absence of an opposing party or counsel of record, without notice to that party or counsel, and outside the record. Lawyers and parties participating in adversarial proceedings before the Court are prohibited from communicating as to the merits of the case with a Judge before whom the proceeding is pending if the communication occurs outside of. official proceedings. The opposing counsel or opposing party shall participate, be informed in advance or contemporaneously, and be copied on any matters involving written or oral communications to, with, or intended for a Judge about a pending case. Ex parte communications are expressly prohibited and shall be avoided by parties, counsel, and the Court, except as expressly permitted by law.2.6All other Motions. Any motion in a cause shall be scheduled for hearing by the moving party. It is the responsibility of the moving party to obtain a hearing date from the FCO and to provide notice of the hearing date to all concerned counsel and parties of record. For administrative purposes, motions in cases shall be removed from the active docket by administrative Order when the issues have not been scheduled for hearing or appear to have been abandoned or not prosecuted within a reasonable period of time. Motions shall not be allowed to remain open indefinitely without a hearing date.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 2
Adopted January 4, 2023, effective 2/1/2023.