http://deOndarzaSimmons.com This is the slide show created and given by Kristen Fetter, the Wake County Trial Court Administrator, during her CLE on the new Wake County Local Rules.

1. Local Rules for Civil Superior Court
Tenth Judicial District
http://southfloridalawyers.blogspot.com/2012/09/those-local-rules-are-there-for-reason.html

2. Introduction
• Effective January 7, 2013
• Why new Local Rules
– Consistency among districts
– Efficient utilization of court time
• Available online
– www.nccourts.org/Courts/CRS/Policies/LocalRules
/Documents/112.pdf

3. How do I get my case set for trial?
• Case Management Orders – Local Rule 4
• All cases reviewed 120 days post-filing
• Cases filed and served are set for status
conference to determine scheduling
matters

4. How do I get my case set for trial?
• Case Management Orders
– Parties receive notice case set for Status
Conference
– Be prepared to discuss scheduling matters,
including:
• Trial date
• Mediation deadline/selection of mediator
• Dispositive motion deadline
• Discovery deadline

5. Do I have to attend
the Status
Conference?

6. http://jonathanturley.org/2011/10/31/meet-laura-chavez-a-monopoly-player-in-need-of-a-get-out-of-jail-free-card/

8. Can we modify CMO?
• Within 30 days
– By consent
– In writing
– Send to TCA’s office
• After 30 days
– By consent
– In writing
– Send to TCA’s office
– Modify deadlines EXCEPT the trial date

9. Mediation
• Applies to all civil actions, except
– declaratory judgments
– administrative appeals
– actions in which a party is seeking the issuance of
an extraordinary writ
• Order is part of the Case Management Order
• Only the Senior Resident Superior Court Judge
may grant request to dispense

10. Mediation
• Select a mediator
– Parties agree on selection
– File the Designation of Mediator form
• Request appointment by Court
– Parties cannot agree on selection
– Will appear in the CMO

11. What if I need an extension?
• Deadline will appear in the CMO – normally
60 days before the trial date
• Parties may submit stipulated order – see
Local Form 4
• Short extensions may be granted
• Only the Senior Resident Superior Court Judge
may extend the mediation deadline

12. How do I get OUT of a case?
• Motions to Withdraw
– Certificate of service
– State the position of the parties
– Name and address of substitute counsel, or
current address of the party
– Send a copy to TCA’s office

13. How to get a PEREMPTORY SETTING
• Request must be made, in writing, and served
on the Trial Court Administrator’s Office
within 30 days of the issuance of the CMO
– May be made at time of CMO
– Must copy all parties on request
– Must state the reasons for the request
• Only the Senior Resident Superior Court Judge
may authorize a peremptory setting

14. How to get a PEREMPTORY SETTING
• Factors to be considered in granting a request:
– Age of the case
– Number of times the case has previously been set
– Travel distance and means required of those involved
in the case
– Number of expert witnesses expected to testify
– Any other reason that may impact resolution of case
• Dates must be approved by the Trial Court
Administrator’s Office to determine availability

16. How do I get a motion set for hearing?
https://www.madison.k12.wi.us/files/Calendar_0.jpg

17. FILE
A
MOTION

18. How do I get a motion set for hearing?
• Submit completed calendar request form to
the Trial Court Administrator’s Office
• Should not be filed with the clerk
• May be sent via:
– Hand delivery
– Mail
– Fax
– Email: calendarrequestswake@nccourts.org

20. How do I get a motion set for hearing?
• Typically set during Non-Jury sessions of
court
• One session per month – “NJ”
• Set for time and date certain
• Include special requests for setting on
calendar request form

21. How do I get a motion set for hearing?
• “First 20 NJ”
– First 20 requests received will be set
– Must appear for calendar call and set hearing time
with the Court
• Sessions schedule online:
– www.nccourts.org/Courts/CRS/Policies/LocalRules
/Documents/1634.pdf

23. How do I get a motion set for hearing?
• Motions that are an HOUR
or longer may be set
for hearing on the
“trial” calendar
• Check all calendars for
your case
Photo: http://www.smashinglists.com/wp-content/uploads/2010/08/hourglass.jpg

24. What about discovery disputes?
• Must file a Certificate that
states, after personal
consultation and diligent
attempts, the parties are
unable to reach an accord

25. Certificate must include:
• Date of the conference
• Names of the participants
• Specific results achieved

26. What about Minor Settlements?
• Send a calendar request to the Trial Court
Administrator’s office
• Given priority in setting
– Submit notice of hearing to TCA no later than 5pm
on the Wednesday preceding the session of court
requested
• Minor and guardian ad litem must be present
unless excused in advance by the judge
presiding

27. Administrative Appeals
• Normally set during non-jury session of court
• Also may be set on final trial calendars
• Not subject to mandatory mediation
• Will not receive a CMO
• Submit completed calendar request

28. Administrative Appeals
• If briefs are to be submitted, follow the
briefing schedule as set forth in Rule 9:
– Petitioner has 30 days from notice of record being
filed to serve brief
– Agency then has 30 days from receipt to serve its
response brief
– Court may alter/extend for GOOD CAUSE shown

29. Condemnation Actions
• Submit Local Form 3 within 60 days of service
of the last answer
• Applies to public condemnation actions
• CMO issued based on response received
• May be set for Status Conference to
determine scheduling matters

30. http://imgc.allpostersimages.com/images/P-488-488-90/58/5869/QESSG00Z/posters/notice-the-notice.jpg

31. How do LAWYERS get NOTICE?
• Subscribe to receive e-mail notification of
court calendars: www.nccourts.org
• Attorney Query Tool
– Based on NC Bar Identification number
– Accuracy dependent on notice of
appearance/filings with the Court

32. How do pro se parties get NOTICE?
• Unrepresented parties
– North Carolina Rule of Civil Procedure 5(b)(2)
– Generally, mail to last known address

33. Pre-Trial Orders
• Due in TCA’s office no later
than 5:00 p.m. on the last
business day prior to the
session of court in which the
case is calendared for trial

34. How do I get OFF a calendar?
• TRIALS
– Settle the case and report settlement to the
Trial Court Administrator’s Office
• Calendars are updated no later than 2:00 p.m. on the
last business day before the court session
• Any updates after the calendar is posted must be
reported directly to the courtroom at the call of the
calendar

35. How do I get OFF a calendar?
• TRIALS
– Continue the case – see Rule 8
• File motion no later than 3 days before trial date
– In writing
– File with Clerk
– Deliver to Trial Court Administrator
– Serve on opposing party

36. How do I get OFF a calendar?
• TRIALS
– Continue the case
• State reasons for continuance
• Content set out in Rule 8
• ONLY the Senior Resident Superior Court Judge or
his/her designee may continue

37. How do I get OFF a calendar?
• MOTIONS
– Resolve the issue
– Withdraw the motion
– Continue the motion – Refer to Rule 8

38. What if I OBJECT to a continuance?
• Notify the Trial Court
Administrator’s Office, in
writing, within two days of
receiving the motion to
continue – Rule 8.4
• Objections not received within two days are
considered waived
Photo: http://abuffalolawyer.blogspot.com/2009_02_01_archive.html

39. Temporary Restraining Orders
• Requests must be made to the Trial Court
Administrator’s Office
• TROs normally scheduled for 2:00 p.m. before
the presiding judge in civil court
• NO TRO set for hearing after 2:00 p.m. on
Friday without express approval from Senior
Resident Superior Court Judge

40. Temporary Restraining Orders
• Notice to opposing party:
– Must give notice to opposing party that request
for relief is being sought
– Certify to the TCA’s office that notice was given
before request for the hearing was made
– Once hearing scheduled, must notify opposing
party of the time and location

41. Injunctive Relief
• Motions for Preliminary Injunctions
– Present to TCA to ensure set properly before the
Court
– Must provide notice to adverse party
– Set for hearing on the next available session of
court
• Given PRIORITY

42. Orders to Inactivate
• Cases appropriate to be placed on inactive
status:
–Bankruptcy cases
–Cases removed to Federal Court
–Settlement of cases/making payments

43. What do I do when I need a break?
http://abuffalolawyer.blogspot.com/2009_02_01_archive.html

44. What do I do when I need a break?
• File notice of Secure Leave
• Designation pursuant to Rule 26 of the
General Rules of Practice
• Should not include file numbers and should
not be sent to the Clerk
• Rule 16.4 provides for excuse for personal or
professional reasons

45. Where can I find useful information?
• Online calendars and calendar subscription:
www1.aoc.state.nc.us/www/calendars/Civil.jsp?county=WAKE
• Sessions schedule:
www.nccourts.org/county/Wake/Calendars.asp
• Mediated Settlement Conference Rules:
www.nccourts.org/Courts/CRS/Councils/drC/NARules.asp
• Attorney Query Tool:
www1.aoc.state.nc.us/www/calendars/CivilQuery.html

46. http://www.servitokss.com/question-marks/