Rule 5 - TRIAL EXHIBITS, TELEPHONE/VIDEO PARTICIPATION, SUBPOENAS & EXPERT REPORTS5.1.Exhibits. Exhibits to be used at any hearing or trial must be 1) marked clearly as either "Plaintiff s Exhibit'' or "Defendant's Exhibit'', 2) numbered, without regard to the sequence they may be presented at trial, and 3) listed on a document showing the number and a shorthand statement of what the Exhibit is or represents. Unless the parties or counsel for the parties agree otherwise, or unless the Court orders otherwise, the list and an electronic or hard copy of exhibits must be provided to the opposing counsel or party not less than five (5) business days before the trial or hearing Form #14, See attached Appendix of Forms). Each party and/or their counsel shall assure there are sufficient copies of the proposed exhibits at the hearing for each party, the Clerk of Court, and the presiding Judge.5.2. Telephone/Video Conference. In its discretion, the Court may order or allow oral argument on any motion by telephone conference call or video conference (using any technology approved by the Administrative Office of Courts), provided that all participants to the conference can be heard by all other parties at all times. In conjunction with FCO, counsel and/or parties shall schedule such conferences at a time convenient for all involved. To the extent necessary, the Judge may direct which party or parties shall make the technical arrangements and bear the cost of any such conference.: 5.3. Telephone/Video Testimony. In its discretion, the Court may allow witnesses to testify by telephone or video connection. The opposing party and/or counsel shall be given adequate advance notice of a party's desire to allow a witness to testify by telephone or video. If a party or counsel opposes the request, the attorneys and/or any unrepresented party shall meet with the presiding Judge in advance of the date of the scheduled hearing to determine whether or not the telephone or video testimony will be permitted.5.4. Subpoenas and Privileged or Confidential Records Request. When a subpoena is issued, whether for testimony, or for the production of documents or tangible things, the attorney or party issuing the subpoena must, at the same time, serve, by facsimile, e-mail, and/or mail, a copy of the subpoena upon opposing counsel or party in the manner permitted by the Rules of Civil Procedure or as may have been expressly agreed or consented to by parties or their counsel. Privileged and confidential records and documents shall be protected as provided by law. Requests for confidential or privileged records shall comply with law, shall protect, and preserve existing privileges and confidential materials, and subpoenas for protected confidential or privileged records shall not be issued ex parte. A hearing on a request for confidential or privileged records with proper notice to all parties or their counsel shall be held to determine that the legal requirements of a particular statute regarding confidential or privileged records are met, and an Order entered regarding the production of confidential or privileged records if allowed by the Court. Orders entered for production of health care records and social services records protected by law when allowed by the Court after Motion and hearing shall require that such records be produced under seal to the FCO or to the assigned Judge/Court. Such records shall not be produced to a party, attorney, or other individual at any other location absent an Order of the Court for such production and an appropriate use. FCO shall notify parties or counsel of its receipt of such subpoenaed records. The Court shall hear counsel's or party's position or objections concerning the records in a timely manner and upon proper notice, and it shall then enter an appropriate Order concerning the review and use of the records which preserves and protects any privileges or confidential rights of a party or entity. Health care records and information shall not be copied or shared except as may be allowed by the Order of the Court. The Chief District Court Judge may, from time to time, issue directives or policies for the review and copying of such records in a manner to promote efficiency and to protect the sensitive nature of such record production or review and copying. Copies of these directives and policies shall be available at the FCO and shall be distributed among all interested or relevant parties, counsel, and entities.
5.5.Subpoenas Submitted for Issuance by Court. Any subpoena that is submitted to the Court by an unrepresented party or an attorney for issuance by the Court will not be considered unless it is accompanied by a completed Order Submission Sheet indicating that the requesting party or attorney has communicated with the opposing party/attomey about the subpoena; whether the opposing party/attorney objects to the assigned Judge issuing the Subpoena; whether the opposing party/attomey requests entry of a Protective Order relating to the materials to be produced under Subpoena; and whether a copy of the Order Submission Sheet and all documents submitted to the assigned Judge have been sent to the opposing party/attomey. All documents submitted to the assigned Judge must be delivered to the opposing party/attorney in the same or quicker manner as the manner used to convey it to the assigned Judge. If the opposing party/attorney does not object to the issuance of the Subpoena by the Court, the Subpoena will be issued by the Court if otherwise proper pursuant to Rule 45 of the North Carolina Rules of Civil Procedure. If the opposing party/attorney seeks a Protective Order regarding the records, FCO will schedule the matter for hearing or conference with the assigned Judge, with notice to all interested persons.5.6.Reports of Experts. Unless otherwise agreed in writing by the parties or their counsel of record, or unless otherwise ordered by the Court, the parties or their counsel of record shall exchange written reports of expert witnesses, including, but not limited to, appraisals, business valuations, psychological valuations, custodial evaluations, and forensic accounting reports not less than forty-five (45) days prior to the hearing or trial at which the evidence shall be presented and the .reports utilized as an exhibit. The purpose of this provision is to allow the parties and counsel the opportunity to review and consider the expert information and reports in advance of trial for settlement purposes, so that each party has an adequate opportunity to depose the expert witness, and to allow each party/counsel the opportunity to prepare for such expert evidence in advance of the hearing date. The intent of this provision is to prevent unfair advantage or delay, consistent with the timelines for resolution of Family Court cases and issues. Matters involving expert testimony and evidence shall be made the subject of scheduling plans and Orders and shall be scheduled to promote the timely exchange and delivery of expert opinions and reports. Absent a good cause explanation, the failure to exchange or deliver an expert's report as required by these Rules shall be grounds for the Court to exclude or deny the expert evidence and report as evidence at the scheduled hearing. "Good cause'' shall be a matter determined within the discretion of the Court and consistent with the timely and fair resolution of Family Court cases.
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5
Adopted January 4, 2023, effective 2/1/2023.