N.C. Bus. Ct. R. 6

6.1. Notice of hearing. The Court will typically issue a notice of hearing

prior to a hearing. The Court will usually issue the notice at least five business days

prior to the hearing. The Court retains the flexibility to convene counsel informally

if doing so would advance the interests of justice. A ruling on a motion heard after

notice to the parties will not be subject to attack solely because a notice of hearing

was not issued as provided by this rule.

6.2. Hearing procedures. Unless otherwise specified, all pretrial hearings

will be conducted in the Business Court courtroom assigned to the presiding Business

Court judge. At the Court’s discretion, a hearing may be conducted by audio and

video transmission in accordance with N.C.G.S. § 7A-49.6.

6.3. Conduct before the Court.

(a) Addressing the Court. Counsel should speak clearly and

audibly from a standing position behind counsel table or the

podium. Counsel may not approach the bench without the

Court’s request or permission.

(b) Examination of witnesses and jurors. Counsel must examine

witnesses and jurors from a sitting position behind counsel table

or standing from the podium, except as otherwise permitted by

the Court. Counsel may only approach a witness for the purposes

of presenting, inquiring about, or examining the witness about an

exhibit, document, or diagram.

(c) Professionalism. Participants in court proceedings must

conduct themselves professionally. Adverse witnesses, counsel,

and parties must be treated with fairness and civility both in and

out of court. Counsel must yield gracefully to rulings of the Court

and avoid disrespectful remarks.

6.4. Contact with the Court.

(a) E-mail. Any e-mails to the Court about a pending matter must

copy all pro se parties and all counsel of record for each

represented party.

(b) Contact with court personnel. Counsel may contact the

judicial assistants or law clerks of the Business Court judges to

discuss scheduling and logistical matters. Neither counsel nor

counsel’s professional staff may seek advice or comment from a

judicial assistant or law clerk on any matter of substance.

Counsel should communicate with Business Court judges, law

clerks, and judicial assistants with appropriate professional

courtesy.

In the absence of exigent circumstances, and unless the

other parties have consented otherwise, any written

communication by counsel to court personnel regarding a pending

matter must include or copy all pro se parties and all counsel of

record for each represented party.

6.5. Participation of junior attorneys. To promote the professional

development of junior attorneys, the Court welcomes their participation at oral

argument.

6.6. Secure leave. Notwithstanding subsections (c) and (e) of Rule 26 of the

General Rules of Practice, an attorney must designate his or her secure-leave periods

using the Court’s electronic-filing system in each case in which the attorney is counsel

of record.