N.C. R. Prac. Super. & Dist. Ct. 7

As amended through June 18, 2024

Rule 7 - Motion to Strike an Order for Arrest/FTA/Called and Failed/Forfeiture

7.1 Motions must be made in writing on the local form. (See Motion and Order to Recall attached)

7.2 The Motion to Recall must be completely and properly filled out or risk having the Motion summarily denied. All documentation to support the Motion MUST be filed with the motion and presented to the district attorney (unless the District Attorney waives this notice) and the appropriate judge. Motions will be granted for good cause only.

7.3 The district attorney's office must be presented with the motion and given an opportunity to be heard (unless the District Attorney waives this notice).

7.4 Request to Strike an OFA/FTA/CF/Forfeiture must be directed to the appropriate judicial official as follows:

7.5 Motions must be made to the district court judge who was the presiding judge in the courtroom on the day the defendant was called and failed; or to any district court judge with the permission of the presiding district court judge; OR

7.5.1 If the motion is being made pursuant to N.C.G.S. 15A-301(g)(2), then any district court judge, OR

7.5 .2 the chief district court judge.

7.6 Any District Court Judge has the authority to recall an order for arrest and strike an FT A, Bond Forfeiture etc. IF the clerk becomes aware and has verification that the defendant was incarcerated on the date that the defendant failed to appear in court, upon the Judge Striking/Recalling the Order for Arrest, the clerk SHALL issue a new court date and send a notice to the defendant at the last known address or issue a Writ to have the defendant transported to court on the next scheduled court date. The clerk is to make a notation in the file/shuck as to what actions have been taken to recall the process.

7.7 Any district court judge has the authority to modify conditions of pretrial release on any individual that has been arrested under the authority of an order for arrest (OF A), after having received information and verification that the defendant was incarcerated when the OF A was issued.

7.8 Once a criminal matter that was previously called and failed has been recalled and placed back on a district criminal court calendar, it should be resolved on the next session of court unless extenuating circumstances would warrant a continuance. Extenuating circumstances would include the need for the State to issue subpoenas to victims and witnesses that were not notified that the criminal matter was placed back on a calendar. Under no circumstances shall a matter that has been called and failed and placed back on a criminal calendar be continued for more than 60 days without the presiding judge making a notation on the back of the shuck noting the basis for the continuance was due to extraordinary circumstances.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 7

Amended effective 1/5/2023.