N.C. Gen. R. Prac. Super. & Dist. Ct. 2

Subject to the provisions of Rule 40(a), Rules of Civil Procedure and

G.S. 7A-146:

(a) The Senior Resident Judge and Chief District Judge in each Judicial

District shall be responsible for the calendaring of all civil cases and motions for trial

or hearing in their respective jurisdictions. A case management plan for the

calendaring of civil cases must be developed by the Senior Resident Judge and the

Chief District Court Judge. The Administrative Office of the Courts shall be available

to provide assistance to judges in developing a case management program.

The effective date of the plan and any amendments thereto shall be either

January 1 or July 1. The plan must be promulgated in writing and copies of the plan

must be distributed to all attorneys of record within the judicial district. In order to

provide for statewide dissemination, copies of plans effective January 1 shall be filed

with the Administrative Office of the Courts on or before October 31 and on or before

April 30 for plans effective July 1.

In districts with Trial Court Administrators, the responsibility for carrying out

the case management plan may be delegated to the Trial Court Administrator.

The case management plan must contain a provision that attorneys may

request that cases may be placed on the calendar.

(b) The civil calendar shall be prepared under the supervision of the Senior

Resident Judge or Chief District Court Judge. Calendars must be published and

distributed by the Clerk of Court to each attorney of record (or party where there is

no attorney of record) and presiding judge no later than four weeks prior to the first

day of court.

(c) Except in districts served by a Trial Court Administrator, a ready

calendar shall be maintained by the Clerk of Court for the District and Superior

Courts. Five months after a complaint is filed, the Clerk shall place that case on a

ready calendar, unless the time is extended by written order of the Senior Resident

Judge or the Chief District Judge for their respective jurisdictions. In districts with

Trial Court Administrators, a case tracking system shall be maintained.

(d) During the first full week in January and the first full week following

the 4th of July or such other weeks as the Senior Resident Judge shall designate that

are agreeable to the Chief Justice, the Senior Resident Judge of each district shall be

assigned to his home district for administrative purposes. During such

administrative terms, the Senior Resident Judge shall be responsible for reviewing

all cases on the ready calendar, or all cases designated by the Trial Court

Administrator, of each county in the judicial district. The Senior Resident Judge shall

take appropriate actions to insure prompt disposition of any pending motions or other

matters necessary to move the cases toward a conclusion. The Chief District Court

Judge shall undertake periodically such an administrative review of the District

Court Civil Docket.

(e) When an attorney is notified to appear for the setting of a calendar,

pretrial conference, hearing of a motion or for trial, he must, consistent with ethical

requirements, appear or have a partner, associate or another attorney familiar with

the case present. Unless an attorney has been excused in advance by the judge before

whom the matter is scheduled and has given prior notice to his opponent, a case will

not be continued.

(f) Requests for a peremptory setting for cases involving persons who must

travel long distances or numerous expert witnesses or other extraordinary reasons

for such a request must be made to the Senior Resident Judge or Chief District Judge.

In districts with Trial Court Administrators, requests should be made to the Trial

Court Administrator. A peremptory setting shall be granted only for good and

compelling reasons. A Senior Resident Judge or Chief District Judge may set a case

peremptorily on his own motion.

(g) When a case on a published calendar (tentative or final) is settled, all

attorneys of record must notify the Trial Court Administrator (Clerk of Court in those

counties with no Trial Court Administrator) within twenty-four (24) hours of the

settlement and advise who will prepare and present judgment, and when.