N.C. R. Prac. Super. & Dist. Ct. 2.0

As amended through June 18, 2024

Rule 2.0 - CALENDARING OF CASES FOR TRIAL [Scheduling Notice and Final Civil Calendar (FCC)]

2.1 After 90 days from the date of service, or after 365 days from the date of filing in a condemnation action, the TCC shall send an Order for Mediated Settlement Conference to all counsel of record and/or any unrepresented party having been served in the case to seek input regarding selection of a mediator. All civil actions in superior court will be ordered to mediation except administrative appeals, appeals from the revocation of a motor vehicle operator's license; declaratory judgment actions; and actions in which a party is seeking the issuance of an extraordinary writ. Requests to dispense with mediation must be in writing and in the form of a motion. Such requests are generally disfavored and may only be granted by the Senior Resident Superior Court Judge.

A. Once the Report of Mediator is filed with the Clerk and a copy is forwarded to the TCC reporting an IMPASSE, all counsel and/or any unrepresented party shall select proposed trial dates prior to the deadline specified in the Trial Scheduling Notice (APPENDIX A). The date selected for trial must be within 12 months of filing or within 18 months of filing for condemnation, medical malpractice claims or other exceptional cases unless otherwise ordered by the Court. If the parties do not believe these deadlines are reasonable given the nature of a particular case, then they should submit an explanation for requesting a date outside of these limits when their Trial Scheduling Notice is submitted.

B. Within 21 days of being ordered to mediation or when the parties voluntarily undertake mediation, all counsel and/or unrepresented party shall select a mediator, pursuant to N.C.G.S. § 7A-38.1(h), using form AOC-C\/-812, "Designation of Mediator in Superior Court Civil Action" (APPENDIX B). If the parties fail to submit a "Designation of Mediator in Superior Court Civil Action" to the TCC within the above-referenced 21-day time period, the TCC will appoint a mediator and the parties will be bound by the mediator appointed.

C. Failure to submit a Trial Scheduling Notice within six (6) weeks after receipt of the same will be considered a waiver of scheduling conflicts that may affect a trial date. This form may be submitted by a single party if, after repeatedly requesting to confer regarding these matters, the opposing counsel/party has failed to respond. Attorneys and parties who so fail to submit will be bound by the trial date set by the Court. Once a trial date has been set, whether by the parties or by the Court, a Trial Notice will be served on the parties. Service may be had by email, or where email addresses are not made available to the TCC, by U.S. Mail.

D. After a trial date has been scheduled, deadlines in all cases shall be as follows:

1. Written discovery - 60 days prior to trial

2. Expert witness disclosure Plaintiffs Expert - 90 days prior to trial Defendant's Expert - 60 days prior to trial Plaintiffs Rebuttal Expert - 30 days prior to trial

3. Discovery depositions - 60 days prior to trial

4. Completion of discovery (except bene esse depositions) - 60 days prior to trial

5. Completion of mediation - 45 days prior to trial

6. Dispositive motions - the civil session prior to trial

7. Pretrial Order - 30 days prior to trial

2.2 Not less than one (1) week prior to each civil session, a Final Court Calendar (FCC) shall be published by the TCC. The FCC shall contain all trials and motions scheduled for the session. The FCC shall be distributed to counsel by posting on the web at www.nccourts.gov . (Click on "Court Calendars" at top right; click on "Court Calendar" at left; click on "Civil Calendars"; select the county where the case is pending, to wit: "Davidson County" or "Davie County", click "Submit Query"; click on appropriate session; click on the appropriate trial calendar listed under Superior Court.) Distribution to any served, but unrepresented party, may be by email, or where email addresses are not made available to the TCC, by U.S. Mail. The Court may in its discretion enter an updated calendar to be posted on www.nccourts.gov.

2.3 Attorneys may search cases on published calendars using the Civil Calendar Attorney Query by Bar Number tool at www.nccourts.gov. To ensure accuracy of this tool, attorneys must provide the Clerk of Superior Court with information regarding withdrawals, notice of appearance, and substitution of counsel in specific cases. Filings must include the North Carolina State Bar number for each attorney of record. Only attorneys active with the North Carolina State Bar and who have a valid North Carolina State Bar Identification number may use this tool.

2.4 The North Carolina Court Calendar subscription service is available to anyone for civil Superior Court cases set for hearing on published calendars in Davidson or Davie County at the following web address:

http://www1.aoc.state.nc.us/www/calendar5/Civil.jsp?county=DA\/IDSON or

http://www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=DAVIE.

2.5 Cases shall appear on the FCC oldest-numbered first, and listed after cases designated peremptory, or given statutory priority. Attorneys should proceed on the assumption that all cases on the Final Court Calendar will be tried at the scheduled session unless resolved by consent order or dismissal. When there is more than one ongoing civil session of court, a case may be called for trial by any presiding judge.

2.6 In the event a case is not reached at the session requested, counsel and/or any unrepresented party shall select another trial date by forwarding the same to the TCC within five business days of the end of the session. If counsel and/or any unrepresented party fail to so select, the TCC will calendar the case on the next published FTC.

2.7 If a case is settled after placement on any FCC, counsel and/or any unrepresented party shall notify the TCC (within 24 hours of settlement) using APPENDIX G and advise who will prepare and present judgment and/or dismissal and shall also notify the parties appearing in the next case on the FCC as soon as possible. Rule 2(g) of the Superior and District Court Rules.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 2.0

Adopted August 15, 2022, effective 7/1/2023.