10.1Calendaring for Parties: All parties shall file the motion, notice of hearing and any necessary monies with the Clerk of Superior Court. The requesting party shall have the following information available prior to submitting any request to schedule the motion:
(b) Type of motion to be heard (c) Estimated length of time needed for the motion to be heard (d) Name of the requesting attorney or party (e) Dates and times the requesting party is available and, if at all possible, the availability of the other parties involved10.2Court Dates for Motions: All parties shall calendar motions by contacting the Caseflow Management Division of the Trial Court Administrator's Office via telephone, in person, or email (Mecklenburg.Caseflow.District.Scheduling@nccourts.org) to receive a hearing date. The requesting party shall have the same information as above in 10.1 (a), (b), (c), (d) and (e) available prior to contacting the TCA Caseflow Management Division to schedule the motion.
10.3Notice of Hearing:The date, time and location received from the TCA Caseflow Management Division shall be cited in the Notice of Hearing. The Notice of Hearing shall be filed with the Clerk of Superior Court. It is the responsibility of counsel or self-represented parties to serve the Notice of Hearing on the opposing side. The Notice of Hearing shall be served no later than two (2) business days after the hearing date has been received and served by one of the below:
10.4Motions Calendar: The TCA Caseflow Management Division shall publish a motions calendar approximately four (4) weeks prior to the start of the session. Calendars shall be made available through the Clerk of Superior Court and online through the North Carolina Judicial Branch's website at NCcourts.gov. Calendar information can also be searched using the North Carolina Judicial Branch's eCourts Portal site at https://portal-nc.tylertech.cloud/Portal/.
(a) Change in Calendar Format: The TCA Caseflow Management Division may change the session scheduling times depending upon judicial assignments, volume and other issues in order to maintain and maximize courtroom utilization. (b) Flexibility of Setting: Once a motion hearing is set and noticed, the court will not entertain requests prior to the hearing date to hold cases open to another time in the session. However, if the parties appear at the scheduled time, the case can, in the judge's discretion, be moved to another time during the session. (c) Time and Location: The motions calendar begins on the at 2:00 PM on the first Monday afternoon of each session, unless Monday is a holiday, in which case, the motions will on the first Tuesday afternoon. Motions will also be heard on the first Tuesday of each session starting at 9:00 AM in courtroom 6330. Motions that will take more than 20 minutes may be added to the jury trial calendar held at the beginning of each session and scheduled during the session as time permits.10.5 Dispositive Motions: Dispositive motions that are not timely filed may only be set for hearing on the date that the case is calendared for trial. (a) Absent good cause, all summary judgment and other dispositive motions, except in collections cases, shall be filed no later than 20 days before the trial date and heard not less than one (1) week prior to the trial date;(b) All dispositive motions in collections cases should be filed and noticed for hearing 60 days prior to date set for trial. Parties/counsel will not be allowed to add dispositive motions in collections cases to any motions calendar after the final trial notice has been mailed and published.10.6 No Delay of Trial Date for Untimely Scheduling: Failure of counsel to timely file a motion and secure a hearing date will not constitute good cause to continue trial and may result in a motion not being heard.10.7 Withdrawal and Rescheduling of Motions: Once a motion has been noticed or the Final Calendar has been published, any party requesting removal of a motion from the calendar must submit a Withdrawal of the Motion to the Clerk of Superior Court, notify clerk via phone in 6330 and provide a copy to the Caseflow Management Division. If the motion needs to be rescheduled rather than withdrawn, the Caseflow Management Division must be contacted to schedule a new date and time for the motion. An Amended Notice of Hearing must then be filed with the Clerk of Superior Court, a copy sent to the Caseflow Management Division and serve as instructed in Rule 10.3.10.8 Final Motions Calendar: The Caseflow Management Civil District Case Coordinator shall make available on the Court's website a calendar with the current cases appearing on the final motions calendar no later than noon on the last business day preceding the session at which cases are calendared for a motion hearing The website address is: http://www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=MECKLENBURG
10.9 Motions to Withdraw as Counsel: With respect to Motions to Withdraw as Counsel, it is the responsibility of moving counsel to provide his or her client with appropriate notice of the hearing. Motions shall include the scheduled trial date or a statement that no date has been set. The Order allowing the withdrawal shall include the current mailing address for the client. In lieu of scheduling a motion to withdraw for hearing, counsel must submit a Consent Motion signed by their client along with a proposed Order to Withdraw to the presiding judge in chambers. The Consent Motion should acknowledge an understanding by the client that allowance of the Motion to Withdraw will not result in a continuance of trial or other settings. A copy of the signed and filed withdrawal order shall be delivered to the Caseflow Management Division within five business days after entry.10.10 Motions to Substitute Counsel: Motion to Substitute Counsel shall be presented as a joint motion with certificate of service on all parties. A copy of the signed and filed substitution Order shall be delivered to the Caseflow Management Division within five business days after entry.10.11 Submission of Briefs to the Presiding Judge and the Opposing Party Prior to the Hearing: All responses, briefs, memos, and supporting cases, or any other materials intended to be used in oral argument or submitted to the Court ("Hearing Materials") are to be delivered to the District Court Judges' Office, Suite 9600, to the attention of "District" Court Judge Presiding, Courtroom 6330, [date of hearing], [time of hearing] no later than two business days prior to the hearing on the Motion. Supplemental materials may not be submitted once the 48-hour deadline has passed. The following additional rules apply to this process:(a) Forms of Delivery: Acceptable forms of delivery to the presiding judge to the presiding judge include hand-delivery, express delivery, or mail. Facsimile or email may not be used without the permission of the presiding judge.(b) No Filing of Briefs with the Clerk: Pursuant to N.C.G.S. § 1A-1, Rule 5(d), briefs and memoranda provided to the Court may not be filed with the Clerk unless ordered by the Court.(c) Service and Delivery to the Opposing Party: All Hearing Materials delivered to the Court in accordance with this Rule shall be delivered to the opposing party/counsel by hand-delivery, email, facsimile, express delivery or mail, with email being the preferred form of service, such that opposing parties/counsel receive the materials no later than two business days before the hearing date and no later than 48 hours prior to the hearing time. For example, if the Motion is scheduled to be heard at 10:00 AM on Monday morning, the Hearing Materials shall be delivered for receipt by the opposing party/counsel no later than 10:00 AM on the previous Thursday. In no event shall Hearing Materials be delivered to the Judge prior to delivery to opposing party/counsel.(d) Purpose of Advance Delivery of Briefs: The purpose of this Rule is to allow the judge to review briefs and other materials in advance of the hearing to ensure that oral advocacy is meaningful and to allow counsel the same time to review the opposing party's materials in advance of the hearing.(e) When Briefs Not Timely Served on the Opposing Side: If any Hearing Materials to which this Rule applies are not served on opposing parties/counsel within the time and in the manner specified in this Rule, the Court may continue the hearing for a reasonable period of time, proceed with the hearing without considering the untimely served materials, or take such other action as justice requires.10.12 Motions Seeking Attorney Fees: Counsel seeking attorneys' fees or other costs as part of a motion shall have an affidavit in support of same at the time of the hearing.10.13 Post-Hearing Submissions: After the hearing, parties/counsel shall not send materials to the Judge, unless requested, before any ruling is made. In cases where a new and relevant appellate decision has been rendered, a party/counsel shall provide the opposing party/counsel and presiding Judge with a copy of the decision.10.14 Submission of Orders and Judgments to the Judge: Parties/counsel shall provide the Clerk with a self-addressed, postage-paid envelope to be attached to the file by the Clerk and extra copies of the orders to be signed for return mailing. This envelope will be used to mail a copy of any Order entered by the Judge out-of-court, out-of-term and/or out-of-session as soon as it is filed. Compliance with this rule will expedite your notice of the rulings.10.15 Motions to Object to Claimed Exemptions: If lengthy and if witnesses are to be called, motions will be placed at the top of the 9:00 AM jury trial calendar on the first day of the session to be scheduled by the judge sometime during that session. This applies to both Superior and District court venues. These cases will be set at the top of the calendar directly behind any peremptory settings. If the motion will take less than 20 minutes of court time, the motion may be scheduled as any other lengthy motion on the 9:00 AM Friday morning motions calendar.10.16 Motions Referred to Civil District Court by the Magistrate:(a) Small claims court has jurisdiction over complaints and counterclaims where the monetary relief sought does not exceed the small claims threshold of $10,000 or a lesser amount if that threshold has been lowered by the Chief District Court Judge's Order of Delegated Authority to the Magistrates; where one or more defendants live in Mecklenburg County; and in summary ejectment actions, where the plaintiff alleges that the parties have a landlordtenant relationship.(b) If a plaintiff files a small claims action or defendant files a counterclaim where the pleadings on their face demonstrate that the complaint or counterclaim do not fall within the subject matter jurisdiction of small claims court, then the magistrate shall (1) dismiss the complaint or counterclaim without prejudice or (2) in the case of a complaint that falls outside the subject matter jurisdiction of small claims court, return the complaint to the Clerk of Superior Court which may treat the case as "nonassigned" under N.C.G.S. section 7A-215, issue a summons in the manner and form provided for commencement of civil actions generally in district court and serve written notice of nonassignment to plaintiff. (c) Motions to dismiss pertaining to the matters described in a & b above shall be directed to the magistrate for resolution and not placed on a civil district court docket.(d) When a party files a motion to dismiss for lack of subject matter jurisdiction which cannot be resolved by viewing the face of the pleadings, then the assignment of the case to the magistrate shall be suspended and the clerk shall schedule the motion to dismiss to be heard by a district court judge presiding over the next Friday 9:00 AM motions calendar in civil district courtroom 6330.(e) If a defendant raises an objection to venue, moves for a change of venue, or objects to personal jurisdiction on the date of the scheduled trial in small claims court, then such objections are deemed to be waived. However, if a defendant files a motion raising an objection to venue, requesting a change of venue, or objecting to personal jurisdiction PRIOR TO the date set for trial, then assignment of the case to the magistrate shall be "suspended" and the clerk shall schedule the motion to be heard by a district court judge presiding over the next Friday 9:00 AM motions calendar in civil district courtroom 6330.(f) Rule 60 (b)(1) Motions to Set Aside a Magistrate's Judgment alleging surprise, mistake, inadvertence or excusable neglect may be heard by the magistrate; a Rule 60 (b) Motion to set aside on any other grounds shall be scheduled on the next Friday 9:00 AM motions calendar in civil district courtroom 6330 to be heard by a district court judge.(g) Under no circumstance should a magistrate "transfer" an action initiated in small claims to civil district court EXCEPT THAT pursuant to 7A-223(a), if a defendant files an answer in a summary ejectment action denying plaintiff's title to the leasehold or property in question, then the magistrate should return the case to the clerk who shall "withdraw assignment from the magistrate" and place the action on the docket of civil district court.(h) In summary ejectment actions, if the magistrate finds that plaintiff has failed to prove a landlord-tenant relationship exists between the parties after hearing, then the magistrate shall dismiss the case for lack of subject matter jurisdiction AND NOT return the complaint to the clerk, as district court would similarly lack subject matter jurisdiction over the matter even if a proper district court summons was issued and the case was redirected by the clerk to civil district court. If a party disagrees with the magistrate's dismissal, that party may appeal the magistrate's ruling to civil district court.(i) In the event that the Chief District Court Judge enters an Administrative Order that conflicts with any of these provisions of Rule 10.16, then the Administrative Order will govern.N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 10
Revised 11/13/2015; effective 1/1/2016; effective 1/25/2024.