NC · rules
N.C. Ct.-Ordered Arb. R. 2
Actions Subject to Arbitration
(a) By Order of the Court.
(1) All civil actions filed in the district court division are subject to
court-ordered arbitration under these rules in accordance with
the authority set forth in N.C.G.S. § 7A-37.1(c), except actions:
(i) Which are assigned to a magistrate, provided that appeals
from judgments of magistrates are subject to court-ordered
arbitration under these rules except appeals from
summary ejectment actions and actions in which the sole
claim is an action on an account;
(ii) In which class certification is sought;
(iii) In which a request has been made for a preliminary
injunction or a temporary restraining order including
claims filed under N.C.G.S. Chapter 50C;
(iv) Involving family law matters including claims filed under
N.C.G.S. chapters 50, 50A, 50B, 51, 52, 52B and 52C;
(v) Involving title to real estate;
(vi) Which are special proceedings; or
(vii) In which the sole claim is an action on an account.
(2) Requests for Jury Trial. Cases otherwise eligible for arbitration
shall be arbitrated regardless of whether a party made a request
for a jury trial.
(3) Identification of Actions for Arbitration. The clerk shall identify
actions eligible for arbitration upon the filing of the complaint or
docketing of an appeal from a magistrate’s judgment, in
accordance with Arb. Rule 2(a)(1) and notify the court that the
case has been identified for arbitration.
(4) Notice to Parties. The court shall serve notice upon the parties or
their counsel as soon as practicable after the filing of the last
required responsive pleading or the expiration of time for the last
required responsive pleading or the docketing of an appeal from
a magistrate’s judgment.
(5) Arbitration by Agreement. The parties in any other civil action
pending in the district court division may, upon joint written
motion, request to submit the action to arbitration under these
rules. The court may approve the motion if it finds that
arbitration under these rules is appropriate. The consent of the
parties shall not be presumed, but shall be stated by the parties
expressly in writing.
(b) Exemption and Withdrawal From Arbitration. The court may exempt
or withdraw any action from arbitration on its own motion, or on the motion of a
party, made not less than 10 days before the arbitration hearing and a showing that:
(1) the action is excepted from arbitration under Arb. Rule 2(a)(1) or
(2) there is a compelling reason to do so.
History
Comment The purpose of these rules is to create an “Family law matters” in Arb. Rule 2(a)(1)(iv) efficient, economical alternative to traditional includes all family law cases such as divorce, litigation for prompt resolution of disputes in guardianship, adoptions, juvenile matters, child district court. The rules provide for court-ordered support, custody, and visitation. “Summary arbitration of district court actions because ejectments”, referred to in Arb. Rule 2(a)(1)(i) district court actions are typically suitable for and “special proceedings”, referred to in consideration in the manner provided in these Arb. Rule 2(a)(1)(vi), are actions so designated by rules. the North Carolina General Statutes. An arbitrator may award damages in any Arb. Rule 2(a)(3) contemplates that the clerk amount which a party is entitled to recover. or designee shall determine whether an action is These rules do not affect the jurisdiction or eligible for arbitration after reviewing the functions of the magistrates where they have pleadings. The rule further contemplates that been assigned such jurisdiction. the clerk or designee will look beyond the cover sheet and filing codes to make this determination. In a case involving multiple defendants when The purpose of these rules is to be inclusive of the there is an appeal from a magistrate’s judgment, cases eligible for arbitration. and one or more defendants have been dismissed, an appeal by a remaining defendant does not “An action on an account” as referenced and operate to rejoin the dismissed defendant(s) in excluded in Arb. Rule 2(a)(1)(i) and 2(a)(1)(vii) the action absent properly filed pleadings in includes all cases involving an account wherein accordance with N.C. R. Civ. P. 13. the account holder is authorized to complete multiple transactions. These actions should only include accounts in which the account holder has No case should be excluded from the the ability to make more than one purchase mandatory arbitration process pursuant to during different periods. This exemption should Arb. Rule 2(a)(1)(vii) for the action on account not include cases wherein there was one exception unless the original petition is transaction, even if multiple payments are accompanied by a verified itemized statement included in the agreement. The accrual of which evidences multiple transactions. All other interest does not constitute multiple cases shall be treated as a claim for monies owed transactions. Action on an account, as excluded and should be arbitrated. The court or their by Arb. Rule 2(a)(1)(i) and Arb. Rule 2(a)(1)(vii), designee shall review any petition alleging it is an does not include the exclusion of monies owed action on an account and verify that the verified claims. Cases in which attorneys’ fees are itemized statement is attached. If there is no requested are not “actions in which the sole claim such attachment, the matter shall be deemed a is an action on an account” and are therefore not petition for monies owed and the matter shall be excluded under Arb. Rule 2(a)(1)(vii). noticed for arbitration. N.C.G.S. § 8-45. History Note. 365 N.C. 711.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
755b7ff53ee8d5273b9cf6218c4816a0045c4933b7d7b419c92dafd6f7e2e1d1
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