Rules for Superior Court – 10th Judicial District

TENTH JUDICIAL DISTRICT

GENERAL RULES

The purpose of these rules is to provide for the just, orderly, and prompt

consideration, determination and disposition of civil matters to be heard in Wake County

Superior Court. They shall at all times be construed and enforced to avoid technical delay.

These rules are promulgated pursuant to Rule 2 of the General Rules of Practice and G.S.

These rules are not complete in every detail and will not cover all situations. If the

rules do not cover a specific situation, the Trial Court Administrator is authorized to act,

subject to consultation with the Senior Resident Judge or the Judge Presiding.

The Trial Court Administrator will maintain a supply of printed rules, calendar

request forms, and motion for continuance forms to be furnished to attorneys upon

These rules may be cited as “Tenth District Local Rule _____________.”

CALENDAR RULES

The Trial Court Administrator shall prepare a Six Months Calendar, a Final Trial

Calendar, and a Non-Jury Calendar for the disposition of civil cases in the Superior Court

of Wake County in accordance with these rules.

The Trial Court Administrator shall set all civil matters for motion, for trial or for

other judicial action and shall designate which civil sessions of the Superior Court shall be

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trial sessions and non-jury sessions. The Senior Resident Judge may designate a specific

resident judge or a specific judge assigned to hold court in the District to preside over all

proceedings in a particular case.

Motions will normally be set during weeks set aside for non-jury matters; however,

a motion filed after the Final Trial Calendar is published may be heard at the call of the

case for trial. Motions filed after the Final Trial Calendar is set will not be grounds for a

There shall be a calendar call of the cases on the Final Trial Calendar by the

presiding judge on the first day of the trial week. Cases will normally be called for trial or

hearing in the order they appear on the final calendar; however, any case can be called for

trial by the presiding judge at any time during the trial week.

All calendars will be prepared by the Trial Court Administrator and posted on the

NCCOURTS website no later than four weeks prior to the first day of court. Pro Se

litigants will be notified in writing by the Trial Court Administrator. Attorneys are

required to subscribe at NCCOURTS.ORG to receive civil calendars. Printed calendars

will not be mailed to attorneys or their clients.

All matters requiring judicial action or judicial approval, whether contested or not,

shall be submitted to the Trial Court Administrator for scheduling and for assignment to a

resident or presiding judge. Attorneys and litigants are not authorized under these rules to

submit matters to a judge for ruling or approval without first filing such with the Trial

Court Administrator for assignment. No judge has authority over any civil case which is

not on that judge’s calendar or has not otherwise been assigned to that judge for hearing or

trial by the Trial Court Administrator, by the Senior Resident Judge, or by the Chief

Justice under Rule 2.1 of the General Rules of Practice.

All requests for judicial review of settlements requiring judicial approval, including

minor settlements, will be submitted to the Trial Court Administrator. Such matters will

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be given priority and will be set for hearing at the next available non-jury session of court.

The Trial Court Administrator or the Senior Resident Judge shall have the authority and

discretion to set such matters for hearing at other times in cases of hardship or exigent

All motions for Temporary Restraining Orders, for expedited hearings on motions

for injunctive relief, for stays of agency decisions and for other similar ex parte requests

shall be presented to the Trial Court Administrator for scheduling and assignment to a

resident or presiding judge. The Trial Court Administrator will ordinarily set such

matters for hearing at 2:00 P.M. on Wednesday and 2:00 P.M. on Thursday before judges

presiding over civil sessions or before available resident judges. The Trial Court

Administrator shall have the authority and discretion to set such matters at other times in

emergency or exigent circumstances. However, no hearing will be scheduled later in the

court week than 2:00 P.M. on Friday without the approval of the Senior Resident Judge.

All litigants seeking a temporary restraining order or other relief permitted ex parte

shall notify opposing counsel, if any, representing the party sought to be enjoined that such

judicial action is being requested and shall so certify to the Trial Court Administrator that

notice has been given at the time their request for scheduling and assignment is made.

Upon the scheduling and assignment of the motion by the Trial Court Administrator,

counsel shall notify opposing counsel in writing of the time and place of hearing. Notice by

fax with certificate of service will satisfy this requirement.

SETTING MOTIONS AND OTHER MATTERS (PRETRIAL)

Contested motions, judicial approval of minor settlements, administrative appeals

and other non-jury matters will ordinarily be set at non-jury sessions. The Trial Court

Administrator may write in non-jury matters to be considered at jury and non-jury

sessions. Other uncontested motions or matters consented to by the parties will be

presented to the Trial Court Administrator for assignment to a judge for judicial action,

without any requirement that such be calendared.

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Upon the filing of any motion or request for judicial approval of a minor settlement,

the Trial Court Administrator will calendar that matter for hearing on the next available

non-jury calendar, except all motions in Administrative Appeals will be heard at the time

of the appeal hearing unless the motion is for a stay of the agency decision pending such

appeal. To the extent possible, minor settlements shall have priority in scheduling.

All motions must first be filed with the Clerk of Superior Court, before the Trial

Court Administrator will consider any request to calendar the motion for hearing. Any

party desiring to have a motion or other matter set for hearing shall file with the Trial

Court Administrator a completed calendar request on a form supplied by the Trial Court

Administrator. A calendar request should not be filed with the clerk. A non-moving party

may request that an opposing party’s motion be set for hearing by filing such calendar

request with the Trial Court Administrator. No calendar request can be made until after a

motion has actually been filed.

The calendar request for motions and judicial approval of minor settlements shall

be filed with the Trial Court Administrator and mailed to all opposing counsel at least six

weeks before the beginning of the requested session. In the calendar request, an attorney

may ask that a motion be set only on a specified day. The calendar as provided in Local

Rule 2.5, designating a motion to be heard on a specified day and time, constitutes notice of

hearing on the motion and further notice is not required unless the date and time of the

hearing is changed. In exigent circumstances, the Trial Court Administrator may set a

motion for hearing at any time, so long as notice requirements of G.S. §1A-1, Rule 6(d) are

satisfied or all parties consent.

A record of cases that have been calendared for motion hearings but which were not

heard shall be maintained by the Trial Court Administrator for setting future calendars.

Such record will contain a statement of the reason the matter was not heard or resolved.

All uncontested motions shall be submitted to the Trial Court Administrator

for referral to a presiding or resident judge for review and decision, without the necessity

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of formal calendaring. A party filing any one or more of the following motions must make

a good faith effort to determine whether or not the motion will be opposed: (a) motion for

extension of time to file answer or otherwise plead; (b) motion to amend a pleading or to

add a party; (c) motion to transfer to Superior Court division; (d) motion to withdraw as

counsel; (e) motion to stay agency decision pending judicial review; and, (f) motion for

extension of time for discovery responses and motions to extend the period in which to

complete discovery under Local Rule 8.4. If the motion is uncontested the procedures set

forth in this section shall apply. Counsel filing the motion shall include with the filing a

proposed order which shall recite that the motion is consented to or otherwise unopposed.

Signatures on the proposed order of opposing counsel to verify consent are not required.

Motions to withdraw as counsel must include a certificate of service upon the client

from whom representation is being withdrawn. The motion must set forth the name and

address of substitute counsel, if known, and the current address of the party from whom

representation is being withdrawn. No judicial action will be taken on a motion to

withdraw as counsel which does not contain this information.

Attorneys and unrepresented parties shall serve briefs or memoranda at least two

days prior to the hearing on any motion seeking a final determination of the rights of any

party as to any claim or defense, and shall serve affidavits in opposition to motions for

summary judgment at least two days before the motion hearing in accordance with G.S.

§1A-1, Rule 5, Rule 6 and Rule 56. However, this rule does not preclude an attorney or

party from providing to the court copies of cases or statutes relied upon at a hearing.

In cases wherein a motion has been heard and taken under advisement without a

ruling by a presiding judge; and, wherein a period in excess of 90 days has elapsed from

the date of that hearing without a judicial decision; and, wherein the Trial Court

Administrator has notified that presiding judge in writing that the delay is prejudicing the

rights of the parties to a prompt and fair resolution, and has requested a judicial decision

but has been unable to obtain one; then, the Senior Resident Judge may thereafter enter an

appropriate order finding that the presiding judge has by his conduct relinquished

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jurisdiction over the motion and he may instruct the Trial Court Administrator to

recalendar that same motion before another judge to be heard de novo.

In cases wherein a motion has been heard and taken under advisement without a

ruling by a presiding judge, who has failed to comply with a written request from the Trial

Court Administrator for a judicial decision under Local Rule 3.9, and where more than 90

days has elapsed from the date of that hearing and the case has been placed on a Final

Trial Calendar and has been called for trial during the trial week, then the judge who has

failed to act is deemed under these rules to have relinquished jurisdiction over the

unresolved motions and the trial judge is authorized to hear those motions de novo at the

time the case is called for trial.

All civil actions pending in the 10th Judicial District shall be submitted to mediation,

except judicial review of appeals from final agency decisions and declaratory actions,

unless the Senior Resident Judge enters a written order waiving such mediation

SETTING MATTERS FOR TRIAL

The Trial Court Administrator shall prepare and publish a Six Months Calendar

which shall schedule cases for trial for the six month periods from January 1st through

June 30th and July 1st through December 31st of each year. These shall be preliminary

planning calendars used by the Trial Court Administrator and the Senior Resident Judge

for the scheduling of cases on a Final Trial Calendar.

In preparation of each Six Months Calendar the Trial Court Administrator shall

meet at least semi-annually with the Senior Resident Judge for the purpose of setting cases

for the following six months, at which time any requests for priority settings shall be

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An attorney or party seeking to have a case placed on a Six Months Calendar must

make such request on a form supplied by the Trial Court Administrator and such request

must be made no later than the specified deadline set by the Trial Court Administrator for

each Six Months Calendar.

Requests for a peremptory setting for cases involving persons who must travel long

distances, or numerous expert witnesses, or other extraordinary reasons must be made to

the Senior Resident Judge or to the Trial Court Administrator. A peremptory setting shall

only be granted for good and compelling reasons. The Senior Resident Judge may set a

case peremptorily on his own motion. No more than two peremptory cases will be set for

trial on any week. Peremptorily set cases will not be continued, except for extraordinary

cause and only by the Senior Resident Judge.

The Trial Court Administrator, in preparing the Six Months Calendar, shall set

cases in the following priority: (1) cases in which all parties have agreed on a trial date; (2)

cases requested for setting by only one party; (3) cases requested for setting by neither

party, but due to age and status should be ready for trial. Cases of equal priority under

this rule will be set in numerical sequence.

A case on the printed Six Months Calendar will be placed on the Final Trial

Calendar as scheduled. If a case is on the Six Months Calendar, no further request for

final calendaring is required. However, any party may request that a case be placed on a

Final Trial Calendar, even though such case is not on the Six Months Calendar. Such

request must be made on a form provided by the Trial Court Administrator and must be

filed with the Trial Court Administrator and mailed to all opposing counsel at least six

weeks before the beginning of the requested session.

Utilizing the Six Months Calendar and any additional timely requests to include

cases not on the Six Months calendar, the Trial Court Administrator will prepare and

publish a Final Trial Calendar. Cases may be added to the Final Trial Calendar after it is

published only by the Senior Resident Judge or the Trial Court Administrator.

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When a case on a published calendar (six months or final) is settled, all attorneys of

record must notify the Trial Court Administrator within twenty-four hours of the

settlement and advise who will prepare and present judgment, and when. Attorneys are to

take all steps necessary to close settled case files and have an affirmative duty to file all

necessary documents and to do so within the term of court for which the case is calendared

for trial, or hearing, or by a date set by a resident judge or the judge before whom the case

is scheduled for trial or hearing.

When an attorney is notified to appear for a pre-trial conference, motion hearing, or

trial, he must, consistent with ethical requirements, appear or have a partner, associate, or

another attorney familiar with the case appear. Unless an attorney has been excused in

advance by the Judge before whom the case is scheduled and has given prior notice to his

opponent, an attorney’s absence should not be grounds for a continuance.

CONTINUANCES

Any request for a continuance of a case set for trial must be in writing and contain

the following information:

Caption and file number of the case;

Session at which the case is set;

The reason for the request for continuance (position of the case on the calendar
will ordinarily not be considered a valid reason for continuance). When an
engagement in another court is the reason for continuance, the request must
state the case number, the court in which the other case is pending, and the
date when the calendar in the other court was published. No continuance shall
be granted solely because all parties agree thereto;

The number of times the case has previously been continued; and

A certification that all opposing counsel have been sent a copy of the request.

Opposing counsel must be notified of the request for continuance prior to the

delivery of the request to the Trial Court Administrator pursuant to Rule 5.3 or to the

Judge pursuant to Rule 5.5.

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Continuance of cases on the Six Months Calendar shall be by informal application

to the Trial Court Administrator.

Continuance of motions on the non-jury calendars shall be by application to the

Trial Court Administrator or to the Judge Presiding. No continuances shall be granted

solely because all parties agree thereto, unless the motion has been resolved by settlement

or has been withdrawn in writing.

A motion for a continuance of a matter on the final trial calendar should be filed no

later than 10 days prior to the trial date. Motions for continuance filed thereafter will not

be considered by the court until the calling of the trial calendar, except where the motion

reflects extreme hardship or extraordinary circumstances. Such motions claiming extreme

hardship or extraordinary circumstances shall be heard by the Senior Resident Judge or

his designee. Parties whose motions for continuance are to be heard at the calling of the

calendar should be prepared for trial in the event their motion is denied.

Only the Trial Court Administrator, the Senior Resident Judge or the Judge before

whom a matter is scheduled on any final calendar may continue cases. Only the Senior

Resident Judge may continue a peremptorily set case. Should counsel or a pro se litigant

fail to comply with any of the provisions of Local Rule 5, the request for a continuance is

deemed denied without a hearing.

Any case continued by these rules shall be continued to a date designated by the

Trial Court Administrator or the Senior Resident Judge. The Trial Court Administrator is

authorized to designate the next available appropriate trial date for a case continued from

the trial calendar. All orders of continuance from a trial calendar submitted to the Court

for signature shall include a provision that declares that the case is continued until the new

date to be set by the Trial Court Administrator or the Senior Resident Judge. The Trial

Court Administrator shall designate on the order of continuance the new trial date. Cases

on a trial calendar which are not reached will also be continued to a new trial date by the

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Trial Court Administrator. In setting new court dates, the Trial Court Administrator may

confer with counsel for all parties as appropriate to avoid scheduling conflicts.

PRE-TRIAL/SETTLEMENT CONFERENCES

There shall be a pre-trial/settlement conference in every civil case set for trial,

except administrative appeals, where a party or counsel for a party makes a written

request for such conference. The conference shall be conducted in accordance with the

General Rules of Practice for the Superior and District Courts, especially Rule 7. Such

written request shall be filed with the Trial Court Administrator at least fifteen days prior

to the trial date and the conference will be scheduled to occur the week before the trial

date. If no request is made by any party or counsel, no pre-trial/settlement conference will

At the time of any pre-trial/settlement conference, counsel for all parties shall enter

into a frank discussion to narrow contested issues and to address settlement possibilities.

Clients should either be consulted in advance of the conference concerning settlement

negotiations, or be available for consultation at the time of the conference.

At the time of, or immediately following, such conference it shall be the duty of

counsel for the plaintiff to prepare the final pre-trial order to be signed by all counsel. The

pre-trial order shall be in substance as shown on the sample form set out in the General

Rules of Practice for the Superior and District Courts. The exhibits that the parties plan to

offer at trial shall be numbered in sequence.

No later than 10:00 A.M. on Monday, the trial date, all counsel shall be prepared to

present the signed pre-trial order to the judge before whom the case is scheduled for trial,

for approval, signature and filing. If no pre-trial/settlement conference has occurred, the

presiding judge will conduct such conference immediately prior to the call of the case for

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CLEAN-UP CALENDARS

The Trial Court Administrator shall confer with the Senior Resident Judge to

consider the need for a clean-up calendar.

On a clean-up calendar, there will be placed cases which, in the opinion of the Trial

Court Administrator or the Senior Resident Judge, are a proper subject for inquiry

concerning their status.

DISCOVERY

Attorneys serving interrogatories, requests for production of documents, or requests

for admissions must leave sufficient space after each interrogatory or request for the

answer or response to be written, together with any reasonable explanatory material. The

interrogatories, requests for production of documents, or requests for admissions must be

served in duplicate upon opposing counsel.

Answering counsel, in lieu of recopying all interrogatories or requests, must answer

or object in the space provided and return the original with the answers to opposing

counsel, retaining the duplicate for his files. If insufficient space is provided for the answer

or objection, it may be stated upon a separate sheet of paper and inserted immediately

following the pages upon which the interrogatory or request appears.

Failure to comply with Local Rule 8.1 and 8.2 may result in the Court’s sustaining

objection to the interrogatories, requests for production of documents, or requests for

Discovery must be completed within one hundred and twenty days after the last

required pleading is filed and not inconsistent with Rule 26(d) of the Rules of Civil

Procedure. If additional time is needed, it may be granted by the Senior Resident Judge.

The motion for additional time to complete discovery must be served upon opposing

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counsel at least five days before being presented to the Senior Resident Judge and the

moving party must comply with Local Rule 3.6 to determine if the motion is opposed.

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION

Rules 9.1 through 9.9 shall govern judicial review of final administrative agency

decision pursuant to G.S. §150B-43, et seq, or of any other matter coming before this Court

seeking review of an administrative agency ruling.

Briefs, Petitioner(s)/Appellant(s): The brief of the Petitioner(s)/Appellant(s) shall be

filed with this Court and served upon all other parties to the proceeding in accordance with

G.S. §1A-1, Rule 5, within twenty days after the original or a certified copy of the record of

the proceedings under review has been filed with this Court, as provided in G.S. §150B-47,

or as provided by a Writ of Certiorari, and notice of such filing has been served on

Briefs, Respondent(s)/Appellee(s): The brief of the Respondent(s) (for the purposes

of this rule, being those persons who are parties to the agency proceeding and who have

become parties to the review proceeding as set forth in G.S. §150B-46) shall be filed with

this Court and served upon all other parties to the proceeding in accordance with G.S.

§1A-1, Rule 5, within twenty days after service of the brief of the Petitioner(s)/Appellant(s).

Briefs, Intervenors: The brief of an Intervenor who may become a party to the

review proceeding pursuant to the last sentence of G.S. §150B-46 shall be filed with this

Court and served upon all other parties to the proceeding in accordance with G.S. §1A-1,

Rule 5, within twenty days of the date of the filing of the Intervenor’s motion to intervene;

provided that where, because of the time of such motion for intervention, the Intervenor’s

brief would be due twenty days or less from the date the review is set for hearing, the

Intervenor’s brief shall be filed concurrently with its motion to intervene.

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Reply Briefs: Unless the Court in its discretion shall order to the contrary, there

shall be no reply briefs filed by any party to the review proceedings.

Calendaring: Judicial review proceedings shall be set for hearing at the first

available regular non-jury session of Wake County Superior Court commencing on or after

the thirtieth day following the filing in this Court of the brief of the

Respondent(s)/Appellee(s). Hearings requiring in excess of one hour will ordinarily be set

Hearings: All parties to the judicial review proceedings may offer evidence and oral

argument as provided in G.S. §150B-49 and §150B-50. The Court will strictly enforce the

prohibition in G.S. §150B-49 against presentation of repetitive evidence or of evidence

previously contained in the record.

Nothing contained in Tenth District Local Rules 9.1 through 9.9 shall be deemed to

prohibit the Court, in its discretion for good cause shown, from enlarging the times herein

provided for filing briefs for any party to the review proceeding, from permitting the filing

of briefs after the expiration of the time previously allotted for such filing, or from

continuing and rescheduling judicial review hearings.

All time periods prescribed or allowed by Tenth District Local Rules 9.1 through 9.9

or by any order of this Court pursuant to such rules shall be computed in accordance with

G.S. §1A-1, Rule 6(a).

9.10 Special Provision for the Denial of a Special Use Permit for a Sexually Oriented

Business. An applicant who has been denied a special use permit for a sexually oriented

business by a municipality or county may request, in writing, expedited judicial review

after filing a timely petition for certiorari. The applicant’s brief required under Local Rule

9.2 shall accompany the request.

14

The matter shall be placed on the first available calendar after the applicant files the

request and brief. The hearing will occur within 45 days after the applicant’s filing. A

judge reviewing the denial should issue a decision on the merits from the bench or should

otherwise assure that the applicant receives a prompt judicial decision.

BANKRUPTCY CASES

Any request to continue, hold, or in any other way delay disposition of a case due to

bankruptcy of one of the parties, must be accompanied by a copy of the stay of proceeding

order from the United States Bankruptcy Court having jurisdiction.

The Trial Court Administrator shall maintain a suspense file for such cases and

periodically provide the Senior Resident Judge with a listing of such cases for the purpose

PRODUCTION OF MEDICAL RECORD IN LIEU OF APPEARANCE

The Trial Court Administrator shall be the designee to accept by registered mail or

personal delivery certified copies of medical records pursuant to G.S. §1A-1, Rule 45(c).

EXHIBITS

Exhibits shall be pre-marked with appropriate stickers obtained from the Clerk’s

office or elsewhere with the sequential numbers as listed in the pre-trial order.

When an exhibit is presented to a witness or offered into evidence it need not be

handed to opposing counsel. However, if opposing counsel contends that a copy has not

been provided or the copy has been lost or misplaced or counsel has not been given an

opportunity to inspect the exhibit, that may be brought to the Court’s attention.

A list of all exhibits with the sequential numbers as listed in the pre-trial order shall

be provided to the courtroom clerk at the beginning of the trial.

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Counsel are encouraged to provide a sufficient number of copies of exhibits for use

OUT-OF-STATE-SUBPOENAS

Out-of-state attorneys seeking to take depositions of Wake County residents to be

used in actions pending in other jurisdictions must be admitted pro hac vice unless local

counsel has been associated. The moving attorney shall provide to the Court in triplicate

(a) a completed subpoena form, (b) an order (commission, letters rogatory, etc.) signed by a

judge or clerk from the jurisdiction where the case is pending, and (c) a check made

payable to the Wake County Clerk of Superior Court in the amount of the filing fee.

Should the moving attorney require a subpoena duces tecum only, the attorney shall

provide, in addition to the aforementioned requirements, an affidavit stating that opposing

counsel is aware that the documents in question are being subpoenaed and that opposing

counsel consents to same.

All paperwork should be forwarded to the Superior Court Judges’ office.

SANCTIONS

Should counsel or a pro se litigant fail to comply in good faith with any provision of

these local Rules, or the General Rules of Practice for the Superior and District Courts, the

Court may, in its discretion, impose appropriate sanctions. An order entered in substantial

violation of these rules is subject to modification or vacation by the Senior Resident Judge.

FILING BY TELEFACSIMILE TRANSMISSION (FAX)

Any motion, calendar request, notice, continuance request, peremptory setting

request, or discovery extension request may be made by FAX to FAX No. (919) 792-4951.

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Memorandums of Law and correspondence may be sent by FAX to the Trial Court

Administrator to be delivered to the Judge hearing or considering a matter provided the

Brief or correspondence does not exceed 10 pages.

Filing of pleadings and other court papers with the Clerk of Superior Court by FAX

are not permitted on FAX No. (919) 792-4951 but must be made pursuant to G.S. §1A-1,

Rule 5, Rules of Civil Procedure.

Attorneys may use the FAX machine in the Trial Court Administrator’s office upon

request and approval by that office but must pay the appropriate costs for any long

distance transmission by billing it to their own office number or credit card.

All users of the FAX machine must complete a cover sheet setting forth the name of

the sender, name of receiver with FAX number, and the date and time sent.

EXPEDITED TRIAL PROCEDURE

Under an expedited trial procedure, parties may place their case on a fast track for

disposition by executing an agreement and filing it with the Trial Court Administrator’s

Office within thirty days from the filing of a responsive pleading (after issue is joined). The

Trial Court Administrator shall prepare a form agreement, approved by the Senior

Resident Judge, setting forth all requirements for an expedited trial procedure and

expedited trial setting.

Counsel for each party and the presiding judge shall remain in the courtroom

throughout the course of a trial, including jury selection, opening statements and closing

arguments. The absence of the presiding judge or of counsel during any trial phase

conveys to jurors the impression that those procedures are unimportant. Courtroom

absences by the presiding judge increase the risk that jurors will be exposed to prejudicial

information which cannot be corrected by a jury instruction. If emergencies arise,

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presiding judges should deal with such by taking a brief recess to avoid any attorney or

judge’s absences from the courtroom proceedings.

VACATION POLICY FOR ATTORNEYS

The following vacation policy for attorneys shall apply in the Superior Court of the

10th Judicial District. This policy is adopted in recognition of the need for time away from

the demands of professional responsibilities to improve the overall professional

performance of the bar as well as the quality of life of members of the profession and their

families and this policy is adopted for that purpose.

Attorneys may designate three weeks each calendar year as vacation periods during

which they shall not be required to appear before the Superior Court of the 10th Judicial

District when the procedure below is followed.

Each attorney practicing in the 10th Judicial District may designate such times,

either consecutively or at intervals, 90 days or more in advance of such vacation periods.

However, such designation of vacation times does not apply if a trial or other matter has

already been set by a Judge, District Attorney, or Trial Court Administrator on a regular,

special or six months calendar.

Attorneys may designate vacation time by filing in the office of the Clerk of

Superior Court of Wake County a letter designating such weeks. A copy of the letter shall

be filed with District Attorney’s office and with the Trial Court Administrator’s office with

a copy retained by the attorney marked filed which may be provided to judges and

opposing counsel to reserve the weeks designated as vacation. Vacation designations are

not filed in the court files and should not contain a case number.

The policy and procedures described herein are not exclusive. In extraordinary

circumstances the time limitations for notification of designated weeks may be waived by

the court when attorneys have been faced with particular or unusual situations.

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Furthermore, attorneys shall be able to make other requests to be excused from appearing

before the court for personal and professional reasons.

These rules shall become effective August 1, 2009. They have been promulgated and

approved by the undersigned.

This, the 27th day of July, 2009.

___________________________
Sallie B. Kearns
Trial Court Administrator

____________________________
Donald W. Stephens
Senior Resident Superior Court Judge

__________________________
Abraham Penn Jones
Resident Superior Court Judge

____________________________
Paul G. Gessner
Resident Superior Court Judge

_________________________
Howard E. Manning, Jr.
Resident Superior Court Judge

____________________________
Paul C. Ridgeway
Resident Superior Court Judge

_________________________
Michael R. Morgan
Resident Superior Court Judge

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