Statutes, codes, and regulations
North Carolina Court Rules
North Carolina Rules of Practice for the Superior and District Courts Supplemental to the Rules of Civil Procedure
Judicial District 26 - County Of Mecklenburg
Rule 13 - Telephonic Motion Hearings

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 13

Download
PDF
As amended through December 11, 2024
Rule 13 - Telephonic Motion Hearings
13.1 Requirements for Telephonic Hearings: When all parties consent, motions may be heard by telephone conference in lieu of a physical appearance, subject to prior approval of the Court. Motions for Approval of Minor Settlements or any matter involving live testimony shall not be heard by telephonic proceeding except that defendant's counsel only may appear telephonically if consented to by plaintiff and approved by the Court.
(a) Advance notice must be given to the court of the parties consent.
(b) Advance personal notice is to be given to the courtroom clerk by noon on Wednesday prior to the scheduled hearing.
(c) Counsel is responsible for providing proper telephone equipment so proceeding can be accurately recorded.
13.2 Submission on Form Request and Notice to Clerk: In order to be heard, moving counsel shall present a completed Consent Notice of Telephonic Proceeding (Form CCF-43) to the Clerk assigned to Courtroom 6330 by noon on the Wednesday preceding the beginning of the session in which the motion is scheduled to be heard. The notices for telephonic proceeding received will be provided to that session's presiding Judge for approval. Counsel shall immediately notify the Courtroom Clerk once a conflict becomes known or if the matter is resolved prior to the scheduled time.
13.3 Materials Submitted to Court: All materials that the parties wish to submit to the Court shall be delivered no less than five working days prior to the telephonic motion hearing. Materials submitted after the five-day period shall not, in the discretion of the Court, be considered. Also, materials that the parties wish to submit during the course of the telephonic motion hearing shall not, in the discretion of the Court, be considered.
13.4 Preparation of Order: At the conclusion of the hearing, parties/counsel for the prevailing side will be directed to prepare an Order. Parties/counsel shall provide such Order to the Court prior to the end of the session.

N.c. R. Prac. Sup. & Dist. Ct. Civ. P. 13

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