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

As amended through April 29, 2024
Rule 12 - Continuances
12.1 Good Cause. Attorneys shall make all reasonable efforts to avoid continuances. Pursuant to N.C.G.S. 7B-2406, "the court for good cause shown may continue any hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that the court has requested, or other information needed in the best interests of the juvenile and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interests of the juvenile." What constitutes good cause and extraordinary circumstances is in the sound discretion of the judge to whom a motion to continue is presented.
12.2 Continuances. Motions to continue made in advance of the scheduled court date must be made in writing with pertinent information contained therein and the reason for the request clearly stated. Motions may also be made in advance of the scheduled court date in open court during a Juvenile Delinquency court session.
12.3 Notification of Continuance. In the event that a case is ordered continued in advance of the scheduled court date,, the moving party shall immediately file the Continuance Order with the Clerk's office. Counsel shall notify the juvenile, the juvenile's parent, guardian, or custodian, and any witnesses subpoenaed by the juvenile of the continuance and the new court date. The Assistant District Attorney shall notify the victim, the Juvenile Court; Counselor, law enforcement officer or any other witnesses subpoenaed by the State of the continuance and the new court date.
12.4 Objections to Motion to Continue. Both the State and the Defense shall have an opportunity to be heard on a motion to continue.
12.5 Appropriate Court Official. All motions for continuance prior to the court date shall be made to the District Court Judge presiding over the session of Juvenile Delinquency Court for which the case is calendared. All motions for continuances on the scheduled court date must be directed to and ruled upon by the presiding judge.

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

Adopted November 15, 2022, effective 1/1/2023.