N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6

As amended through June 18, 2024

Rule 6 - Priority, Remanded And Peremptory Cases

6.1 Priority Cases: Parties/counsel shall bring to the attention of the Caseflow Management District Civil Case Coordinator cases entitled to priority settings by statute. Notice shall be in writing, with copies to all counsel of record, and the statutory authority for such setting shall be cited.

6.2 Remanded Cases: When a case is remanded for trial from the Appellate Division, appellant/appellant's counsel shall promptly notify the Caseflow Management District Civil Case Coordinator, who shall assign the case for trial pursuant to Rule 4. Parties/counsel may request a specific session or expedite the hearing date by filing a Request to Set (Form CCF-2).

6.3 Deadline for Request for Peremptory Settings: Request for peremptory settings shall be delivered to the Caseflow Management Division within 60 days of the date the Answer is filed with the Clerk of Superior Court's office. Requests received after the 60 day deadline will be considered only for previously unknown or unforeseen reasons.

6.4 Form and Content of Peremptory Requests: Said requests shall be submitted in writing (Form CCF-3) to the Caseflow Management District Civil Case Coordinator, specifically stating the reason for the request, with copies to all counsel of record or unrepresented parties. If the request is due to travel distance, the motion shall state the location from which the party/witness is traveling in order to attend the trial. Other factors, as referenced below, should be addressed in the request.

6.5 Grounds for Peremptory Settings: Peremptory settings will be granted in the discretion of the Caseflow Management District Civil Case Coordinator, but only for good and compelling reasons. Among the reasons which may warrant a peremptory setting are:

(a) It is impossible or impractical for a witness or litigant to appear for the trial except by air travel. In cases where litigants or witnesses live reasonably close enough to Charlotte to travel by land to the trial, the Court will not ordinarily grant peremptory settings. It will, however, give counsel sufficient advance notice of the setting of the trial to allow those persons time to arrive, provided counsel makes timely request for such notice;

(b) The case involves numerous expert witnesses;

(c) Severe adverse economic consequences will result from delay of the trial;

(d) The case has been repeatedly scheduled for trial without being reached;

(e) The case is more than 18 months of age;

(f) Other extraordinary reasons requiring a prompt resolution of the case.

6.6 On Court's Own Motion: The Court may set a case peremptorily on its own motion for any reason.

6.7 Peremptory Settings Following Continuances: If a peremptory case is continued, a written request for a new peremptory setting shall be made to the Caseflow Management District Civil Case Coordinator.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 6

Revised 11/13/2015; effective 1/1/2016.