Rule 11 - Motions For Temporary Restraining Orders ("Tros") And/Or Preliminary Injunctions And Chapter 50C Civil No Contact Cases:11.1 Motion for TRO or Preliminary Injunction:(a) Hearing: Motions for Temporary Restraining Orders shall be brought on for hearing before the judge assigned to the District Court General Civil docket for the session. If no judge is assigned to civil courtroom 6330 for that session, then such matters will be directed to the lead Civil District Court judge or any judge who regularly presides in District Court General Civil courtroom 6330. Parties should go to Judgments window in Civil District room 3725 to contact one of the clerks in 6330 to coordinate the specific date and time with the Judge.(b) Notice: Temporary Restraining Order: A party seeking a Temporary Restraining Order shall make good faith efforts to notice the other side and document same unless it clearly appears from the complaint or motion that immediate irreparable harm or injury will result to the moving party before the adverse party can be heard in opposition. Preliminary Injunction: The moving party must notice the other side prior to appearing before the judge to seek a Preliminary Injunction. See Rule 10.3 Notice of Hearing.(c) Evidence: Temporary Restraining Order: Hearings on Motions for Temporary Restraining Orders may be conducted by the judge in chambers who will review the verified complaint and or motion along with affidavits, written verified responses by opposing side and other documentary evidence. Unless the presiding judge allows, oral testimony will not be considered. Preliminary Injunction: Hearings on motions for Preliminary Injunction are formal hearings in front of a judge in open court where both sides are allowed to provide affidavits and/or oral testimony in the discretion of the presiding judge and present documentary evidence.11.2 Chapter 50C Civil No Contact Cases: 50C Civil No Contact ex parte requests are scheduled every day at 8:15 AM. Trial dates for one-year 50C cases are scheduled every Tuesday at 9:00 AM and every Friday at 1:30 PM (a) Ex Parte (Temporary) Request: Must be filed in the Civil Department at the Domestic Violence window by 4:00 PM to be heard the following business day at 8:15 AM. The judges will likely rule on a request for ex parte relief based upon a review of the pleadings in chambers. The requesting party will not be heard in open court unless the judge has additional questions. A hearing in open court will be granted after the defendant has been served and noticed for trial (N.C.G.S. § 50C-6(a)).(b) One Year Trial Date: A party may skip the ex parte stage and request a one-year hearing date when filing their request for a Chapter 50C No Contact Order. The one-year hearing date will be scheduled within the next 30 days. A one-year hearing date will also be given after the ex parte stage. For granted ex parte orders, a one-year hearing date will be scheduled within 10 days. For denied ex parte orders, a hearing date will be given within 30 days.
N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 11
Revised 11/13/2015; effective 1/1/2016.