27A JUDICIAL DISTRICT

In accordance with and subject to the provisions of Rule 40(a) of the North Carolina Rules of Civil Procedure and Rule 2 of the General Rules of Practice for the Superior and District Courts, the following administrative and procedural rules shall constitute the case management plan for the calendaring of domestic cases in the District Court of the 27-A Judicial District of the State of North Carolina. The purpose of these rules is to provide for the orderly, just and prompt disposition of domestic matters to be heard in the District Court. They shall be at all times construed and enforced in such a manner as to avoid technical delay.

Rule 2. Ready Cases.

2.1 The Trial Court Administrator shall establish and maintain a case tracking system pursuant to Rule 2(c), General Rules of Practice for Superior and District Courts and in accordance with these Local Rules. This system shall be used to monitor the number, age, type, and procedural status of all pending cases and provide for the calendaring of the same.

2.2 In applying these rules, it shall be the goal of the court to dispose of all contested domestic cases within 6 months of the date of filing, within 4 months for all uncontested domestic cases, and within 12 months of filing for all equitable distribution cases requiring a trial. The only cases excluded from the foregoing time standards shall be those in which the court determines exceptional circumstances exist and for which a continuing review shall occur.

Rule 3. Preparation and Publication of Calendars.

The domestic calendar shall be prepared under the supervision of the Chief District Court Judge.

3.1 Any party desiring to have a domestic case placed on a calendar shall place it in the calendar book located in the Clerk's Office for either a hearing date or a pretrial conference date in Courtroom H.

3.2 The party requesting the hearing date or the pretrial conference date shall give notice of the hearing date and time to the opposing party in accordance with the Rules of Civil Procedure.

3.3 Child custody, modification of child custody, equitable distribution, alimony or any case where the parties or trial judge in Courtroom "H" estimate the trial time to exceed three hours will have a pretrial conference on the date scheduled in "H". This same judge will later try the case in Courtroom "F".

3.4 The aforementioned cases for Courtroom "F" will be placed on a weekly calendar prepared by the Trial Court Administrator. Calendar call will be on Wednesday at 1:30 PM in Courtroom "F" the week before the case is to be tried. The judge at calendar call will set the order of trial.

3.5 Courtroom "H" will dispose of uncontested divorces, domestic violence matters, expedited support, motions to modify support, alimony pendente lite, motions for contempt and all other matters that the trial judge determines can be disposed of in less than three hours.

3.6 These rules in no way effect the procedures for mediation referral.

Commentary

The changes in the hearing of domestic cases that are effective November 1, 1991 have been arrived at after much discussion and debate by the Domestic Law Committee headed by Judge Patti. I believe the changes are an excellent attempt to deal with the scheduling headaches that have traditionally plagued domestic court. As a practical matter, attorneys will still schedule cases as they have in the past; however, if it is a "complicated" matter it will not be heard on its merits in Courtroom "H" but rather the judge in Courtroom "H" will conduct a pretrial conference and tell the attorneys which week it will be tried in Courtroom "F". I am attaching a schedule of the judges rotation into Courtroom "F" through June 22, 1992. Let me reiterate that this in no way changes the way custody cases will be disposed of except that attorneys when scheduling a case for Courtroom "H" after the matter fails mediation the case will have a pretrial conference at that point rather than be tried.

The intention of this procedure is to permit a more accurate assessment of how long complicated cases really take to try and to more effectively allocate court time for those matters.

The reasons these rules are effective November 1, 1991 is that at this time the judge in "H" will start hearing matters on a pretrial basis and will set them over for his/her relevant domestic week in Courtroom "F" commencing January of 1992. Commencing January of 1992 every other week in Courtroom "F" will be a domestic week.

Parties requesting equitable distribution pretrial conferences can set them for any day of the week in Courtroom "H" and of course the judge in "H" will have a conference and then set it for trial in "F".

Rule 4. Final Calendars.

A final calendar of domestic trials shall be published and distributed by the Trial Court Administrator's Office to each attorney of record (or party where there is no attorney of record) and presiding judge no later than four (4) weeks prior to the first day of court.

Rule 5. Adding Cases to Published Calendars.

Only the Chief District Court Judge can add cases to a final calendar.

Attorneys wishing to have a case placed on the calendar may request such an addition. All such requests must be made in writing and addressed to the Chief District Court Judge.

Rule 6. Continuances.

Only the Judge before whom a matter is scheduled (or their designee) may continue a case. Continuances should only be granted for good cause which unforeseen and exceptional circumstances require.

Rule 7. Peremptory Case Trial Settings.

Requests for peremptory trial settings will only be granted for good and compelling reasons. Requests should be made in writing and addressed to the Chief District Court Judge or the Trial Court Administrator only. The Chief District Court Judge may set a case peremptorily on his own motion.

Rule 8. Equitable Distribution.

8.1 The purpose of the mandatory pretrial conference in equitable distribution cases is four fold:

a) Narrow the issues for trial;

b) Assist in settling the case and allow better use of attorney and trial time;

c) Establish a firm trial date before the same judge that presides over the Pretrial Conference;

d) All other matters that will help expedite the disposition of the case.

8.2 Any party desiring to have an equitable distribution pretrial conference scheduled shall select an available date and place it in the Calendar Book for Courtroom H located in the Clerk of Court's Civil Records office for a hearing date.

8.3 At least five (5) working days prior to the scheduled pretrial conference each party shall file with the court and the opposing party or counsel an Equitable Distribution Affidavit. The affidavit to be filed must be identical in form to the affidavit attached as Form 27A-6. For good cause shown, affidavits may be amended , prior to and during trial, in the Trial Judge's discretion.

8.3 Failure to timely serve the Equitable Distribution Affidavit with five (5) working days before the scheduled pretrial conference may result in the responsible party's proffered testimony (either written or oral) not being allowed into evidence by the Court and may result in the imposition of sanctions as provided for.

8.4 Attorneys are required to have their clients present at the pretrial conference in order to reconcile any issues, or to settle the case, and to consult with when establishing the final trial date.

8.5 At the pretrial conference, the court will review the affidavits, determine the need for further discovery, determine the need for a reference, set a date of the next event, and/or take other appropriate action.

8.6 During the pretrial conference, the Judge shall set the date for all further events and/or trial date. Attorneys should be familiar with their time schedule, vacations, and other possible conflicts that can be anticipated in advance.

8.7 Where equitable distribution is an issue or becomes an issue, the court shall upon application of any party, at the earliest opportunity, make a finding of fact as to the date of separation of the parties.

Rule 9. Settlement.

9.1 Notices of Settlement. When a case on a published calendar (tentative or final) is settled, all attorneys of record must notify the Trial Court Administrator within twenty-four (24) hours of the settlement and advise who will prepare and present judgment, and when.

9.2 Memorandum of Order. Counsel for all parties shall promptly notify the Trial Court Administrator's office of a settlement of any calendared case and shall file either a proposed judgment or Memorandum of Order prior to the date the case is calendared for trial. The terms of the settlement shall be set forth in the Memorandum of Order.

9.3 Support Provisions. The Memorandum of Order shall clearly set forth the date on which child support and alimony payments are to begin and whether the payments are to be paid into the Clerk of Court.

Rule 10. Discovery.

Counsel are required to begin promptly such discovery proceedings as should be utilized in each case, and are authorized to begin even before the pleadings are completed. Counsel are not permitted to wait until the pre-trial conference is imminent to initiate discovery.

In the discretion of the Chief District Court Judge, specific limits on discovery may be established.

Rule 11. Requests for Withdrawal of Counsel.

No attorney who has entered an appearance in any domestic action shall withdraw his appearance, or have it stricken from the record, except on order of the court. Once a client has employed an attorney who has entered a formal appearance, the attorney may not withdraw or abandon the case without (1) justifiable cause, (2) reasonable notice to the client, and (3) the permission of the court.

Rule 12. Calendaring of Motions.

Motions may be heard and determined either at the pretrial conference or placing it for a hearing date in the Calendar Book for Courtroom H located in the Clerk of Court's Civil Records office.

Rule 13. Case Action Cover Sheet.

All pleadings filed in any domestic action with the Clerk of Superior Court shall be accomplished by a completed Case Action Cover Sheet. A form for such is incorporated as a part of these rules as Form 27A-1. The Clerk of Superior Court shall forward the completed Case Action Cover Sheet to the Trial Court Administrator.

Rule 14. Delinquent Orders or Judgments.

14.1 Delinquency Defined. Cases or motions which are announced as settled shall be considered delinquent if the Order or Judgment of disposition is not filed within twenty (20) working days, unless otherwise directed by the presiding judge.

14.2 Dismissal of Case for Delinquent Judgment. Cases delinquent for Final Orders or Judgment of disposition may be dismissed by the Chief District Court Judge, or designee(s), upon Motion of the party against whom the judgment or order was to be taken, or by the Clerk of Court or Trial Court Administrator bringing the case to the judge's attention.

Rule 15. Department of Social Services Child Support.

15.1 All cases where the absent parent is represented by an attorney will be pre-tried on Tuesday morning before the Monday scheduled court appearance, in the Commissioner's Room.

15.2 The absent parent's attorney and the DSS attorney can agree to a later court date if the issues in controversy are too great for that scheduled Monday.

15.3 The DSS attorney will have Monday's judge sign all relevant court orders and will file them.

15.4 Increases, decreases and initial settings of support for pro se absent parents will also be pre-tried on Tuesday morning before the Monday scheduled court appearance.

15.5 Failure to comply with the pre-trial requirement will subject the parties and attorneys to appropriate sanctions by the presiding judge. It is the responsibility of attorneys with conflicts on the pre-trial date to contact the DSS attorney to either pre-try the case at another time or to continue the case.

Commentary

The attached rules related to DSS court cases will enable attorneys to talk to the DSS attorney before their case is being tried and should enable both attorneys representing the putative payor and the DSS attorney to more effectively dispose of these matters. Since Courtroom "C" is extremely busy on Monday mornings with support matters it has become impossible for attorneys to just come in to court and negotiate with Cathy Moore(DSS attorney). Hopefully this new procedure will prove more satisfactory to everyone. If you have any questions please do not hesitate to contact me.

Rule 16. Expedited Support.

16.1 All expedited support cases will have initial hearings scheduled no later than (16) days after service. Those filing pleadings involving the establishment of support or the enforcement of a prior support order, are required to get a Court date from the Clerk of Court's Office.

16.2 If there is no agreement reached or order setting child support is entered, the Trial Court Administrator shall calendar the case for fourteen (14) days after the initial hearing.

16.3 If there is still no agreement and no order in the file, the Trial Court Administrator will recalendar the case for twenty-eight (28) days after the last hearing which will mean the third hearing is being held on the 58th day after service.

16.4 The Trial Judge at the hearing will then enter a support order or dismiss the action.

Rule 17. Telephone Conferences.

The court may, in its discretion, order or allow oral argument on any motion by speaker telephone conference call, or regular telephone conference call, provided that all conversations of all parties are audible to each participant and the judge. Counsel shall schedule such calls at a time convenient to all parties and the judge. The judge may direct which party shall pay the cost of the call.

Rule 18. Administrative Disposition

18.1 Inactive Cases. Domestic cases inactive for six (6) months shall be eligible for removal by order. This removal shall be without prejudice.

18.2 Dismissal of Inactive Cases. Cases will be removed by orders prepared by the Clerks or the Trial Court Administrator upon review of the files and after consultation with counsel, if necessary. The order will be signed by the Chief District Court Judge, or designee(s) and filed with the Clerk, with copies sent to counsel by the Clerk.

Rule 19. Ex Parte Matters

19.1 Ex Parte Orders when sought, are first to be taken to the Judge holding Domestic Court. If that judge is unavailable or in the middle of a trial, the attorney is then to go to the Judge holding Administrative Court. If that Judge is also unavailable then the attorney is free to seek any available Judge for the signing of the Order. Any party aggrieved by an Ex Parte Order, may add the action to any day of a Domestic Calendar falling within 10 days of the Ex Parte Order.

19.2 An application for a temporary restraining order, preliminary injunction, emergency child custody order, or protective order pursuant to the Domestic Violence Act must be made in a written, verified pleading which sets forth the facts giving rise to the need for extraordinary relief. The verified pleading may be accompanied by affidavits of third parties. Should Rule 65 relief be asked for, it is expected that the requirements of Rule 65 will be complied with.

19.3 An attorney making an application for a temporary restraining order, preliminary injunction, emergency child custody order, or protective order pursuant to the Domestic Violence Act, shall request a hearing from the Domestic Judge and after getting a hearing time, leave with the Judge the case file, where there is a case history, the verified pleading upon which the application is based, and any supporting affidavits. An attorney shall not tell the Judge facts about the case or parties which are not contained in the file, pleading, or supporting affidavits. In addition, all requests for ex parte orders shall comply with the requirements of G.S. 50A-9.

19.4 In addition to the requirements of 10.2 and 10.3 the attorney seeking relief shall have available to the Court live testimony at the time a request for ex parte relief it sought. A request for ex parte relief is to be heard at the discretion of the Judge.

Rule 20. Contempt / Enforcement

20.1 In an action for contempt for failure to pay child support or spousal maintenance, the respondent shall bring to the hearing:

a. His or her federal and state income tax return for the past year.

b. Wage statements from all employment for at least the past six (6) months.

c. Any other documents which may be relevant to prove the issues before the Court.

20.2 Where a party seeks to enforce an outstanding support order, the motion should specifically request each type of relief the party seeks. for example, reduce an arrearage to judgment and an assignment of wages.

20.3 Where a party seeks to invoke the Court's contempt power, compliance with Chapter 5A of the General Statutes is mandatory.

Rule 21. Referees

21.1 In any Equitable Distribution claim, the Court may, in its discretion and pursuant to Rule 53 and 16(5) of the Rules of Civil Procedure order a reference before proceeding further or entering final judgment. The Court may provide for an apportionment of the costs of said reference and its scope as it deems to be in furtherance of the efficient administration of justice.

21.2 Attorneys or persons desiring to be referees are to complete and submit an Equitable Distribution Referee Application, Form 27A-7, to the Trial Court Administrator who will maintain a list of all referees and applicants.

21.3 The Trial Court Administrator, upon notification of request for reference by the Court or counsel of record, will prepare a list of five (5) referees to be sent to all counsel of record. For each referee included on the list is to be a brief biographical sketch which will include the referee's name, occupation, education, community activities and other relevant information. The information of referees is not to include their address or identify their company or business name.

21.4 Counsel of Record will rank the five potential referees in order of preference from one (highest preference) to five (lowest preference) and return to the Trial Court Administrator. The Trial Court Administrator will select the referee using the least common denominator method. The ranking of each of the five potential referees from all counsel will be added together, from which the potential referee having the lowest sum will be selected as the referee for the action.

21.5 The Trial Court Administrator will notify the referees selected in writing, in addition to the name of the referee selected, to all counsel.

21.6 The referee will consult with counsel to determine a date and time (preferably after 5:00 p.m.) the meeting(s) is to be held within 20 days of notice of appointment. Meetings may be held in the business office of the referee.

Rule 22. Award of Fees.

In all cases in which an attorney seeks an award of fees, the attorney should file an appropriate affidavit or present live testimony at the time the Court considers the motion for attorney fees.

Rule 23. Child Support Payments.

Attorneys preparing an order for the payment of child support must include a provision

requiring payment through the office of the Clerk of Superior Court unless the recipient chooses not to participate in the Court's automatic child support enforcement program. All orders involving payments through the Clerk's Office must contain the recipient's name, address, and case number unless this information had previously been provided to the Clerk's Office.

Rule 24. Court Appointed Experts.

24.1 The Court may in its discretion or on motion of either party appoint any expert witnesses pursuant to Rule 706 of the North Carolina Rules of Evidence.

24.2 The Court shall award reasonable compensation to expert witnesses. The compensation shall be paid by the parties in equal proportion unless otherwise ordered by the Court, and is to come out of the settlement of the estate, if an estate is in issue.

Rule 25. Right To Suspend

Any Trial Judge may suspend any of these Local Rules for good cause shown.

Rule 26. Sanctions

Failure to comply with any section of these rules may subject an action to dismissal or other

sanctions allowed by law and deemed appropriate at the discretion of the trial Judge, including the allowance of a reasonable attorney fee.

Rule 27. Amendments and Modifications

These Rules are subject to amendment and modification as experience indicates and requires.

Adopted effective July 1, 1991