Rule 13.0 - MEDICAL MALPRACTICE13.1 In light of the passage of Session Law 2021-47 (SB 255) by which N.C.G.S. § 7A-47.3 was amended by adding a new subsection which reads as follows: "(e) The senior resident superior court judge, in consultation with the parties to the case, shall designate a specific resident judge or a specific judge assigned to hold court in the district to preside over all proceedings in a case subject to G.S. 90-21.11(2)", the SRSG shall assign each medical malpractice case filed in his/her district to a specific judge in all medical malpractice cases filed in the Superior Court Division.13.2 This change became effective on July 7, 2022.13.3 This policy applies to medical malpractice actions as defined by N.C.G.S. § 90-21.11(2) and filed in the Superior Court of Judicial District 22B.13.4 For all medical malpractice cases filed on or after October 1, 2021, the parties shall complete a "Medical Malpractice Case Notification and Consultation" form (APPENDIX M) with the Clerk of Superior Court in the county where the action is filed within 30 days of the filing of a responsive pleading or any motion requiring determination by a superior court judge, whichever occurs first. A copy of the Medical Malpractice Case Notification and Consultation form shall be submitted by email to the TCC on the date the form is filed, for review by the SRSCJ. If the parties are unable to agree on the content of the Medical Malpractice Case Notification and Consultation form, each party may submit a separate form. The Medical Malpractice Case Notification and Consultation form must include:
a. Contact information, including email addresses, of all attorneys and/or unrepresented parties,c. Anticipated length of trial,d. Dates on which the parties are available within 60 days for the NCRCP Rule 26(fl) medical malpractice discovery conference, which may be held remotely,e. Statement indicating whether the parties voluntarily agree to waive venue for hearing pretrial motions,f. Up to two suggested judges for assignment (The parties may each, or jointly, suggest up to two superior court judges that they seek to have assigned to the case. Parties are encouraged to select the Resident Judge of Judicial District 22B or the judges who are assigned to Judicial District 22B per the Superior Court Master Calendar during the spring or fall rotation in which the parties expect the case to be tried. The parties must consult with their requested judge prior to filing the Medical Malpractice Case Notification and Consultation form to determine their availability),g. The signature of all attorneys and unrepresented parties. In the interest of efficient case management, any attorney or unrepresented party who fails to file and submit the Medical Malpractice Case Notification and Consultation form in accordance with these rules, absent good cause, will be considered by the Court to have waived any objections to the proposed and selected dates and judges.
13.5Judicial Assignment and Local Rules. In assigning a specific resident superior court judge or a judge assigned to hold court in the district, including but not limited to, superior court judges from other districts within the Fourth Judicial Division, special superior court judges, and emergency superior court judges, the SRSCJ, in consultation with the parties to the case, shall designate a specific superior court judge or a specific judge assigned to hold court in the district to preside over all proceedings that occur 150 days after the case was filed in cases subject to N.C.G.S. § 90-21.11(2). After the SRSG has made a judicial assignment, the TCC shall notify counsel of record and unrepresented parties of the assignment. Within 30 days of receipt of notice of judicial assignment from the TCC, counsel of record and/or unrepresented parties shall consult with the assigned judge to schedule a medical malpractice discovery conference.
Pursuant to Rule 22, General Rules of Practice for Superior and District Courts, these Local Rules and any supplemental orders or procedures shall apply to medical malpractice actions filed in Superior Court in Davidson or Davie County.
13.6 Medical Malpractice Discovery Conference. Following the discovery conference, the parties shall submit a discovery consent order, which must include an order to mediation, discovery deadlines, dispositive motion deadlines, the manner in which the parties/counsel of record may communicate with the Court, whether the parties agree to waive venue for hearing pretrial motions, and a tentative trial date (Note: peremptory settings may only be authorized by the SRSG). in the interest of efficient case management, any attorney or unrepresented party who fails to attend the medical malpractice discovery conference, absent good cause, will be considered by the Court to have waived any objections to the deadlines and trial date set by the Court.
N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 13.0
Adopted August 15, 2022, effective 7/1/2023.