N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 1

As amended through June 18, 2024
Rule 1 - Actions Subject To Non-Binding Court Ordered Arbitration
1.1 In the 26th Judicial District, District Court Division, By Order of the Court, all civil actions filed in the District Court division are subject to court-ordered non-binding arbitration ("arbitration") under these rules, except:
(a) All appeals from magistrate's judgment for summary ejectment actions and actions in which the sole claim is an action on account.
(b) Actions in which class certification is sought
(c) Actions in which a request has been made for a preliminary injunction or a temporary restraining order
(d) Actions involving family law matters including claims filed under N.C. Gen. Stat. Chapters 50, 50A, 50B, 51, 52, 52B, and 52C.
(e) Actions involving title to real estate
(f) Actions which are special proceedings
(g) Actions for Declaratory Judgment
1.2 The Clerk of Superior Court will stamp all complaints seeking monetary damages of $ 15,000 or less and do not fall within an exempt category with the arbitration-eligible stamp provided by the Administrative Office of the Courts. Stamped copies will be provided to the plaintiff and served upon the defendant.
1.3 A case shall be considered ready to set for arbitration when the ADR Coordinator determines the following has occurred:
(a) The docketing of an appeal from a magistrate's judgment.
(b) The filing of the last responsive pleading.
(c) The expiration of the time allowed for the filing of such pleading.
1.4 Any action that is subject to arbitration may be exempted or withdrawn from arbitration by the Court on its own motion or on the motion of a party to the case. Motions to exempt a case from arbitration are disfavored and will only be granted in cases with exceptional circumstances. Such motions must be made in writing no less than 10 days prior to the arbitration hearing. The original motion with proposed order and one copy, together with a self-addressed, postage-paid envelope shall be submitted directly to the ADR Coordinator in the Caseflow Management Division of the Trial Court Administrator's Office for subsequent delivery to the Chief District Court Judge.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 1

Revised 7/14/2010.