NC · rules
N.C. Ct.-Ordered Arb. R. 6
Arbitration Hearings
indigent status as it relates to the arbitration fee
by completing and submitting AOC-G-106 or
similar form if this form is modified and/or
replaced by the Administrative Office of the
Courts.
For purposes of Arb. Rule 5, if a party that is
not a living human being, as defined by
Arb. Rule 1, is listed as a party and a living
human being, who is an owner, shareholder or
has any other ownership interest in that
non-human being party is also listed as a party,
then each shall be counted as an individual party.
(a) Hearing Scheduled by the Court. Arbitration hearings shall be
scheduled by the court and shall be open to the public. Arbitration hearings may be
conducted by audio and video transmission only if the court and the arbitrator follow
the requirements applicable to judicial officials in N.C.G.S. § 7A -49.6 (“Proceedings
conducted by audio and video transmission”).
(1) Scheduling. The court shall schedule hearings with notice to the
parties to begin within 60 days after:
(i) the docketing of an appeal from a magistrate’s judgment,
(ii) the filing of the last responsive pleading, or
(iii) the expiration of the time allowed for the filing of such
pleading.
(b) Date of Hearing Advanced by Agreement. A hearing may be held earlier
than the date set by the court, by agreement of the parties with court approval.
(c) Hearings Rescheduled; Continuance; Cancellation. A hearing may be
scheduled, rescheduled, or continued to a date after the time allowed by this rule only
by the court before whom the case is pending, and may be upon a written motion filed
at least 24 hours prior to the scheduled arbitration hearing, and a showing of a strong
and compelling reason to do so. In the event a consent judgment or dismissal is not
filed with the clerk and notice provided to the court more than 24 hours prior to the
scheduled arbitration hearing, all parties shall be liable for the arbitrator fee in
accordance with Arb. Rule 5. Any settlement reached prior to the scheduled
arbitration hearing must be reported by the parties to the court official administering
the arbitration. The parties must file dismissals or consent judgments prior to the
scheduled hearing to close the case without a hearing. If the dismissals or consent
judgments are not filed before the scheduled hearing, the parties should appear at
the hearing to have their agreement entered as the award of the arbitrator.
(d) Prehearing Exchange of Information. At least 10 days before the date
set for the hearing, the parties shall exchange:
(1) Lists of witnesses they expect to testify;
(2) Copies of documents or exhibits they expect to offer in evidence;
and
(3) A brief statement of the issues and their contentions.
Parties may agree in writing to rely on stipulations and/or statements, sworn or
unsworn, rather than a formal presentation of witnesses and documents, for all or
part of the hearing. Failure to comply with Arb. Rule 6(n) may be cause for sanctions
under Arb. Rule 6(o). The parties shall provide a copy of these materials to the
arbitrator before the hearing begins, and each party shall ensure that it has a copy
of the materials for use during the hearing. These materials shall not be filed with
the court or included in the case file.
(e) Exchanged Documents Considered Authenticated. Any document
exchanged may be received in the hearing as evidence without further
authentication; however, the party against whom it is offered may subpoena and
examine as an adverse witness anyone who is the author, custodian, or a witness
through whom the document might otherwise have been introduced. Documents not
so exchanged may not be received if to do so would, in the arbitrator’s opinion,
constitute unfair, prejudicial surprise.
(f) Copies of Exhibits Admissible. Copies of exchanged documents or
exhibits are admissible in arbitration hearings.
(g) Witnesses. Witnesses may be compelled to testify under oath or
affirmation and produce evidence by the same authority and to the same extent as if
the hearing were a trial. The arbitrator is empowered and authorized to administer
oaths and affirmations in arbitration hearings.
(h) Subpoenas. N.C. R. Civ. P. 45 shall apply to subpoenas for attendance
of witnesses and production of documentary evidence at an arbitration hearing under
these rules.
(i) Authority of Arbitrator to Govern Hearings. Arbitrators shall have the
authority of a trial judge to govern the conduct of hearings, except the arbitrator may
not issue contempt orders, issue sanctions or dismiss the action. The arbitrator shall
refer all contempt matters and dispositive matters to the court.
(j) Law of Evidence Used as Guide. The law of evidence does not apply,
except as to privilege, in an arbitration hearing but shall be considered as a guide
toward full and fair development of the facts. The arbitrator shall consider all
evidence presented and give it the weight and effect the arbitrator determines
appropriate.
(k) No Ex Parte Communications With Arbitrator. No ex parte
communications between parties or their counsel and arbitrators are permitted.
(l) Failure to Appear; Defaults; Rehearing. If a party who has been notified
of the hearing fails to appear, or fails to appear with counsel for cases in which counsel
is mandated by law, without good cause therefor, the hearing shall proceed and an
award may be made by the arbitrator against the absent party upon the evidence
offered by the parties present, but not by default or dismissal for failure to appear. If
a party is in default for any other reason but no judgment has been entered upon the
default pursuant to N.C. R. Civ. P. 55(b) before the hearing, the arbitrator may hear
evidence and may issue an award against the party in default. The court may order
a rehearing of any case in which an award was made against a party who failed to
obtain a continuance of a hearing and failed to appear for reasons beyond the party’s
control. Such motion for rehearing shall be filed with the court within the time
allowed for demanding trial de novo stated in Arb. Rule 9(a).
(m) No Record of Hearing Made. No official transcript of an arbitration
hearing shall be made. The arbitrator may permit any party to record the arbitration
hearing in any manner that does not interfere with the proceeding.
(n) Parties Must Be Present at Hearings; Representation. All parties shall
be present at hearings or be represented at hearings through counsel. Parties may
appear pro se as permitted by law.
(o) Sanctions. Any party who fails to be present at an arbitration hearing
and is not represented at the arbitration hearing through counsel shall be subject to
those sanctions available to the court in N.C. R. Civ. P. 11, 37(b)(2)(A)–37(b)(2)(D)
and N.C.G.S. § 6-21.5 on the motion of a party, report of the arbitrator, or by the court
on its own motion.
(p) Proceedings in Forma Pauperis. The right to proceed in forma pauperis
is not affected by these rules.
(q) Limits of Hearings. Arbitration hearings shall be limited to one hour
unless the arbitrator determines at the hearing that more time is necessary to ensure
fairness and justice to the parties.
(1) A written application for a substantial enlargement of time for a
hearing must be filed with the court and the arbitrator if the
arbitrator has been assigned, and must be served on opposing
parties at the earliest practicable time, and no later than the date
for prehearing exchange of information under Arb. Rule 6(d).
The court will rule on these applications after consulting the
arbitrator if an arbitrator has been assigned.
(2) An arbitrator is not required to receive repetitive or cumulative
evidence.
(r) Hearing Concluded. The arbitrator shall declare the hearing concluded
when all the evidence is in and any arguments the arbitrator permits have been
completed. In exceptional cases, the arbitrator has discretion to receive post-hearing
briefs, but not evidence, if submitted within three days after the hearing has been
concluded.
(s) Motions. Designation of an action for arbitration does not affect a
party’s right to file any motion with the court.
(1) The court, in its discretion, may consider and determine any
motion at any time. It may defer consideration of issues raised
by motion to the arbitrator for determination in the award.
Parties shall state their contentions regarding pending motions
referred to the arbitrator in the exchange of information required
by Arb. Rule 6(d).
(2) Pendency of a motion shall not be cause for delaying an
arbitration hearing unless the court so orders.
(t) Binding Hearing. All parties to an action may agree that any award by
the arbitrator be binding. Such agreement shall be in writing on a form promulgated
by the Administrative Office of the Courts and shall be executed by all parties.
The consent shall be filed with the clerk’s office in the county in which the action is
pending. Parties consenting to a binding hearing may not request a trial de novo
after the arbitration award is issued. Once all parties agree to binding arbitration,
no party may dismiss an appeal from a magistrate’s award or dismiss the action in
full except by consent. The clerk or court shall enter judgment on the award at the
time the award is filed if the action has not been dismissed by consent.
History
Comment Arb. Rule 6(a) references N.C.G.S. § 7A-49.6 filed. The notice required under Arb. Rule 6(c) (“Proceedings conducted by audio and video should be filed with the court personnel transmission”). That statute was added to the responsible for scheduling the arbitration General Statutes by Session Law 2021-47. hearings. Failure to do so will result in assessment of the arbitrator fee. The “court The 60 days in Arb. Rule 6(a)(1) will allow for official administering the arbitration” is the discovery, trial preparation, pretrial motions, arbitration coordinator, judicial assistant or disposition and calendaring. A motion to other staff member managing the arbitration continue a hearing will be heard by a judge program, as may vary from county to county. mindful of this goal. Continuances may be granted when a party or counsel is entitled to Arb. Rule 6(d) contemplates that the such under law, e.g. N.C. R. Civ. P. 40(b); rule of arbitrator shall return all evidence submitted court, e.g. Gen. R. Prac. 3; or customary practice. when the hearing is concluded and the award has been made. Original documents and exhibits Under Arb. Rule 6(c), both parties are should not be marked in any way to identify them responsible for notifying the court personnel with the arbitration to avoid possible prejudice in responsible for scheduling arbitration hearings any future trial. that a consent judgment or dismissal has been For purposes of Arb. Rule 6(g), the arbitrator shall have such authority to administer oaths if such authorization is consistent with the laws of North Carolina. As articulated in Arb. Rule 6(i), the arbitrator is to rule upon the evidence presented at the hearing, or lack thereof. Thus an arbitrator may enter a $0 award or an award for the defendant if the evidence presented at the hearing does not support an award for the plaintiff. Arb. Rule 6(n) requires that all parties be present or represented through counsel. The presence of the parties or their counsel is necessary for presentation of the case to the arbitrator. Rule 6(n) does not require that a party or any representative of a party have authority to make binding decisions on the party’s behalf in the matters in controversy, beyond those reasonably necessary to present evidence, make arguments and adequately repr esent the party during the arbitration. Specifically, a representative is not required to have the authority to make binding settlement decisions. Arb. Rule 6(n) sets forth that parties may appear pro se, as permitted by law. In accordance with applicable state law, only parties that are natural persons may appear pro se at arbitrations. Any business, corporation, limited liability corporation, unincorporated association or other professional parties, including but not limited to, businesses considered to be a separate legal entity shall be represented by counsel in accordance with the Nor th Carolina General Statutes. See Case Notes Below. The rules do not establish a separate standard for pro se representation in court-ordered arbitrations. Instead, pro se representation in court-ordered arbitrations is governed by applicable principles of North Case Notes. For note discussing representation of parties who are not living human beings, see History Note. 365 N.C. 711; 378 N.C. 751. Carolina law in that area. See Arb. Rule 6(n). Conformance of practice in court-ordered arbitrations with the applicable law is ensured by providing that pro se representation be “as permitted by law.” The purpose of Arb. Rule 6(q) is to ensure that hearings are limited and expedited. Failure to limit and expedite the hearings defeats the purpose of these rules. In this connection, note the option in Arb. Rule 6(d) for use of prehearing stipulations and/or sworn or unsworn statements to meet time limits. Under Arb. Rule 6(r), the declaration that the hearing is concluded by the arbitrator formally marks the end of the hearing. Note Arb. Rule 7(a), which requires the arbitrator to file the award within three days after the hearing is concluded or post-hearing briefs are received. The usual practice should be a statement of the award at the close of the hearing, without submission of briefs. In the unusual case where an arbitrator is willing to receive post-hearing briefs, the arbitrator should specify the points to be addressed promptly and succinctly. Time limits in these rules are governed by N.C. R. Civ. P. 6 and N.C.G.S. §§ 103-4, 103-5. Under Arb. Rule 6(s)(1), the court will rule on prehearing motions which dispose of all or part of the case on the pleadings, or which relate to procedural management of the case. No party shall be deemed to have consented to binding arbitration unless it is documented on the proper form, which is executed after the filing date of the action. No executed contract, lien, lease or other legal document, other than the proper form designating the arbitration as binding, shall be used to make an arbitration binding upon either party. Lexis-Nexis v. Travishan Corp. , 155 N.C. App. 205, 573 S.E.2d 547 (2002).
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
f8cd55669474beed3c3408fd01dc0f353575df8359ed4b3f9bee820d7686c7d0
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