Rule 9 - Establishing the Trial Calendar9.1 Calendaring Timelines. All petitions in Delinquency Court shall be calendared pursuant to a schedule promulgated by the Chief District Court Judge, which adheres to the time requirements of Chapter 7B of the North Carolina General Statutes.9.2 District Attorney Calendaring. The Juvenile Delinquency Court calendar shall be established and maintained by the Clerk of Court. The clerk shall distribute the calendar for each week of Juvenile Delinquency Court on or before the Friday before the scheduled week by placing a copy of the calendar in the courthouse boxes of attorneys with matters appearing on the calendar. Said calendars will be enclosed in a sealed envelope in order to maintain confidentiality. The calendar shall only be distributed to individuals authorized to receive calendars in accordance with the Rules of Recordkeeping promulgated by the North Carolina Administrative Office of the Courts. The Juvenile Delinquency Court calendar is not a public document and shall not be posted for public view in the courthouse.9.3 First Appearances. As to juvenile petitions alleging an offense that would be a felony if committed by an adult:A. All petitions shall be set for a-First Appearance within ten (10) days of the filing of the petition in accordance with N.C.G.S 7B-1808.B. Appointed counsel, the juvenile, the juvenile's parent(s) or guardian, and the Assistant District Attorney shall be present at the hearing.C. At the First Appearance hearing the Court shall ascertain the age of the juvenile and shall set the matter for probable cause hearing or transfer it in accordance with Article 22 of Chapter 7B.9.4 Calendaring. As to juvenile petitions alleging misdemeanors or undisciplined petitions, the matter shall be set out at least 45 days from the time of the filing of the petition to allow for proper service. As to juvenile petitions alleging felonies, the matter shall be set in accordance with the requirements of Article 22 of Chapter 7B.9.5 Probation Violations & Motions for Review. If the juvenile petition alleges a Violation of Probation or requests a Motion for Review, the matter shall be set out at least fourteen days from the time of filing to allow for service of the statutory 5 day notice, pursuant to N.C.G.S. 7B-1807.9.6 Additional Petitions. If the juvenile has a court date already scheduled, every attempt should be made to schedule new petitions on the same date.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 9
Adopted November 15, 2022, effective 1/1/2023.