Cabarrus County Local Rules (D9.A.16) Rev. 7/98
CIVIL RULES OF DISTRICT COURT
OF THE 19A DISTRICT COURT DISTRICT
Rule 1: CASE MANAGEMENT PLAN1.1 The calendaring and docket management of civil cases will be under supervision of
the Chief District Court Judge
1.2 Upon the filing of a Complaint, a calendar notice shall be submitted with the
Complaint calendaring the case for not more than 60 days from the date of filing. Unless a
subsequent calendar notice is filed, the 60 day setting shall be for a status review only.
1.3 The Clerk of Superior Court shall maintain a ready calendar for District Court. One
hundred eighty (180) days after a complaint is filed, the Clerk shall place that case on a ready
calendar, unless the time is extended by written order of the Chief District Court Judge.
1.4 The Chief District Court Judge or his designee shall maintain a case tracking system
and periodic reviews of all cases will by made by the Chief District Court Judge or his designee of
the status of all cases pending in the district.
RULE 2: JURY TRIAL CALENDARS
2.1 When a complaint or other pleading is filed in which a trial by jury is requested, the
phrase “Jury Trial Demanded” (or equivalent language) shall be endorsed on the face of the
pleadings.
2.2 An attorney of record may request that his case be placed upon the trial calendar by
making said request in writing to the Chief District Court Judge and delivering a copy to the
opposing counsel or parties of record. The said request must be made no later than six (6) weeks
before the scheduled session.
2.3 The jury cases for trial will be selected from the ready calendar giving priority to
those cases so designated under the rules, to those bearing the lowest number and to those
requested by the attorneys of record.
2.4 All cases originally heard before the magistrate and appealed to the district court for
a jury trial shall be placed on the next available tentative trial calendar by the Clerk of Superior
Court.
2.5 The said calendar thus prepared will constitute the tentative trial calendar for the
designated civil session. Any additions shall be made by the Chief District Court Judge or his
designee after a written request is made no later than four (4) weeks prior to the first day of court
except as to those matters and things placed upon said calendar for disposition by consent of all
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parties or order by the Chief District Court Judge or Judge assigned to preside over the session,
upon his own motion.
2.6 Within seven (7) days of the publication of the tentative trial calendar, an attorney of
record may file a written request for continuance and serve all counsel of record with a copy as
prescribed by Rule 5(6), Rules of Civil Procedure. The motion shall be promptly set for hearing,
with notice to all counsel, before the Chief District Court Judge or Judge assigned to hold said
session.
2.7 The final trial calendar will be published at least four (4) weeks prior to the first day
of the session.
2.8 During that Period of four (4) weeks after the publishing of the final trial calendar
the matter of any continuance is for the judge assigned to preside over the jury session.
2.9 All attorneys of record are encouraged to complete discovery as soon as practicable
within the rules and to prepare pre-trial orders to include such stipulations as are possible to
expedite the trial of their cause.
2.10 The jury shall be summoned to report on Monday morning at 9:00 a.m. unless
otherwise ordered by the presiding judge.
2.11 District Court is to convene at 9:30 a.m. on Monday or the opening day of each
session and thereafter on each day at 9:30 a.m. It is expected that all attorneys with cases
calendared for motion or trial will be present at the convening of court on the day the said matters
are calendared and will remain in the courtroom or its general area unless excused by the
presiding judge. There will continue to be a calendar call each Monday of each session.
2.12 When a case on a published calendar (ready, tentative or final) is settled, all
attorneys of record must notify the Clerk of Court within twenty-four (24) hours of the settlement
and advise who will prepare and present the judgment, and when.
2.13 Calendars for District Court must be published and distributed by the Clerk of Court
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 3: PRE-TRIAL CONFERENCES AND ORDERS IN JURY
MATTERS3.1 Pre-trial conferences in cases appearing on the final trial calendar shall be held at
such times as scheduled by the Judge assigned to preside over a jury session.
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3.1 Failure of counsel to file a proper pre-trial order in accordance with the Rules of
Civil Procedure or the directions of the Presiding Judge will constitute a violation of these rules
and sanctions may be imposed.
RULE 4: CONTINUANCES IN JURY TRIAL MATTERS
4.1 All motions for continuance shall be in writing, specify with particularity the reason
for continuance, and state when the case may be rescheduled for trial.
4.2 After a case appears on a Final Trial Calendar, any motion for continuance will be
granted only for cause arising after the publication date of the Final Trial Calendar. Motions for
cause will be heard by the Trial Judge presiding at the session upon convening of the court.
4.3 Cases may be continued to a subsequent Tentative or Final Trial Calendar.
RULE 5: PREEMPTORY, PRIORITY AND REMANDED CASES IN
JURY TRIAL MATTERS
5.1 Requests for a preemptory setting for cases involving persons who must travel long
distances or numerous expert witnesses or other extraordinary reasons for such a request must be
made in writing to the Chief District Court Judge. A preemptory setting shall be granted only for
good and compelling reasons.
5.2 Cases entitled to a priority setting under the General Statutes shall be brought to the
attention of the Chief District Court Judge in writing, with copies to all counsel of record, and
shall cite the statutory authority for such setting.
5.3 When a case is remanded for trial by the Appellate Division, the Appellant’s counsel
shall promptly notify the Chief District Court Judge who shall place the case on the next published
Tentative Trial Calendar.
RULE 6: NON-JURY CALENDARS AND MOTIONS (NON-DOMESTIC
RELATIONS)
6.1 An attorney of record may request that a case be placed on a non-jury trial calendar
by filing a Calendar Notice with the Clerk of Superior Court and delivering a copy to opposing
counsel or parties of record in accordance with the appropriate statutory provisions. A suggested
Calendar Notice is attached.
6.2 If all attorneys or parties of record agree, a case may be placed on a non-jury
calendar with less than ten (10) days’ notice.
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6.3 The Chief District Court Judge or a district court judge designated by him may on
his own motion add cases from the ready calendar to his trial calendar but shall notify all counsel
or parties of record of such setting no later than four (4) weeks prior to the session.
6.4 An attorney of record may request that a motion be placed on a non-jury calendar by
filing a Calendar Notice with the Clerk of Superior Court and delivering a copy to the opposing
counsel or parties of record in accordance with the appropriate statutory provisions. A suggested
Calendar Notice is attached.
RULE 7: NON-JURY DOMESTIC RELATIONS
7.1 An attorney of record may request that a case be placed on a non-jury trial or motion
calendar by filing a calendar request with the Clerk of Superior Court prior to the session and by
notifying opposing counsel or parties of record in accordance with the appropriate statutory
provisions.
7.2 In all child support and alimony pendente lite cases, the attorney for the party
seeking support shall attach to the initial pleading at the time it is filed, an affidavit setting forth
the financial condition and the financial needs of the person(s) for whom support is sought. A
suggested affidavit is attached as Form No. AOC CV-502.
7.3 In all child support and alimony pendente lite cases, the attorney for the party from
whom support is sought shall file and deliver to the opposing counsel not later than 3:00 P.M. of
the last work day before the scheduled hearing, an affidavit setting forth the financial condition
and needs of the party from whom support is sought. A suggested affidavit is attached as Form
No. AOC CV-502.
7.4 In all child support and alimony pendente lite cases, both parties shall bring to the
hearing records of their earnings for the past two (2) years including tax returns, pay stubs, and
other records.
7.5 Any claims for child support shall be calendared for hearing within forty-five
(45) days of the filing of said claims, unless a written extension is granted by a district court
judge. Form 19A-CSE1, Notice and Order to Appear and an Order to Produce Records, shall be
served simultaneously with said pleadings.
7.6 All orders for child support shall comply with the provisions of G.S. 110-136.3(a).
7.7 Immediately following a hearing wherein child support is ordered or modified by the
court, the attorney for the party receiving child support shall complete a child support transmittal
order. Attached is Form No. AOC CV-626 Rev. 9/88.
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7.8 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 motion which sets forth the facts giving rise to the need for extraordinary relief.
The verified motion may be accompanied by affidavits of third parties.
RULE 8: EQUITABLE DISTRIBUTION CLAIMS
8.1 Application and Effective Date. These rules shall apply to all pending equitable
distribution claims and to all equitable distribution claims filed hereafter. The effective date of this
rule is January 1, 1998.
8.2 Responding party: the spouse against whom the first claim for equitable
distribution has been filed.
A. Moving party: the spouse who first files a claim for equitable distribution.
B Responding party: the spouse against whom the first claim for equitable
distribution has been filed.
8.3 Inventory Affidavit. Within ninety (90) days after the service of a claim for
equitable distribution, the party who asserts that claim shall prepare and file an Equitable
Distribution Inventory Affidavit in the office of the Clerk of Superior Court, and shall serve upon
the opposing party a copy of the Affidavit. The Affidavit shall be substantially similar in form and
content to that Affidavit attached to these Rules, marked Exhibit “A” and incorporated herein by
reference at this point.
Within thirty (30) days after service of the Inventory Affidavit, the responding party shall
prepare and serve an Inventory Affidavit upon the other party. The responding party shall
complete the Affidavit served by the moving party, shall fill in all applicable blanks with the
indicated information, file the Affidavit in the Office of the Clerk of Superior Court, and serve a
copy on the moving party.
The affidavit shall be the result of a good faith effort by each party to list each and every
item of marital and separate property (including debts), and the party’s best opinion as to the date
of separation fair market value of each item. The affidavits are subject to amendment and are not
binding at trial as to completeness or value. They are subject to the provisions of Rule 11 of the
Rules of Civil Procedure, and are deemed to be in the nature of answers to interrogatories
propounded to the parties. A party failing to submit the information required by these rules and
the provision of G.S. 50-21 (a) shall be subject to the provisions of Rules 26, 33, and 37 of the
Rules of Civil Procedure.
8.4 Scheduling and Discovery Conference. Within one hundred twenty (120) days of
filing of the initial pleading asserting a claim for equitable distribution, the moving party shall
apply to the court for the initial scheduling and discovery conference. If the moving party fails to
make such application, the responding party may do so. In order to assist with the calendaring
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and hearing of such matters, the chief district court judge shall designate so many days as he
deems necessary each month to be devoted to scheduling and discovery conferences.
In order to further ensure an orderly procedure for scheduling such initial conferences, the
following calendaring rules shall apply:
A. In all proceedings for absolute divorce in which a claim for equitable
distribution is asserted, the judge presiding over the divorce trial shall enter an
order directing that the moving party prepare and serve an inventory affidavit
with a definite number of days [not to exceed 60], and that the responding
party thereafter prepare and serve an affidavit on the moving party within thirty
(30) days. The judge shall set a time for an initial scheduling and discovery
conference on a date certain, not to exceed 120 days from the entry of the
decree of absolute divorce.
B. In all other Chapter 50 proceedings in which a claim for equitable distribution
is asserted, the judge holding any motion or other hearing, shall review the file
to determine the status of the equitable distribution claim, and shall enter such
orders as necessary to direct the filing of inventory affidavits and to set a date
for the initial scheduling and discovery conference.
C. In all other cases, the judge preparing the case management calendar shall enter
an order setting the matter for the initial scheduling and discovery conference,
and shall order that the parties either have the necessary inventory affidavits
prepared and served prior to the conference, or that they appear and show
cause why the claim for equitable distribution should not be dismissed.
By the date of the initial scheduling conference, both parties shall have prepared and
exchanged inventory affidavits as provided in these rules. At the scheduling conference, the court
shall determine a schedule of discovery as well as consider and rule upon any motions for
appointment of expert witnesses, and rule upon any other applications, including any application
to determine the date of separation. Represented parties need not be present at the initial
scheduling conference. At the conclusion of the conference, an order shall be entered setting out
the date by which discovery shall be completed, the date by which all pending motions are to be
heard, and set out a schedule for the initial pretrial conference as well as any other matters the
court deems necessary.
8.5 Initial Pretrial Conference. Both counsel and parties shall be present at the initial
pretrial conference, which shall be held in the courtroom unless the court directs otherwise. The
court shall review the status of discovery, the status of any pending motions, the need for any
further discovery and/or appraisals, and shall set a date on or after which a final pretrial
conference shall be held and shall set a date on or after which the case shall proceed to trial. The
initial pretrial conference should be held within 150 days of the scheduling conference, and the
trial should be held within 150 days of the initial pretrial conference. The judge who presides over
the initial pretrial conference shall conduct the trial of the matter of its merits, unless ordered
otherwise by the Chief District Court Judge.
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8.6 Reference Procedure. In any equitable distribution claim, the court may in its
discretion and pursuant to Rules 53 and 16(5) of the Rules of Civil Procedure, order a reference
before proceeding further or before entering final judgement. 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.
8.7 Final Pretrial Conference. The final pretrial conference shall be conducted
pursuant to the Rules of Civil Procedure and the General Rules of Practice in the District Court
not more than 14 days before trial. Counsel and the parties shall be present for the conference,
which shall be held in the courtroom in the discretion of the court. The court shall rule on any
matters reasonably necessary to effect a fair and prompt disposition of the case in the interests of
justice. Among other actions, the court shall determine that the pretrial order has been
completed, and shall make all necessary inquiries of the parties in open court regarding their
understanding and the voluntariness of all stipulations contained in the pretrial order. Before or
during the final pretrial conference all exhibits shall be marked, and copies of the same shall be
exchanged. The court shall enter such other orders relating to the conduct of the trial of the
matter as the court deems necessary and proper in the interests of justice. The pretrial order shall
be typewritten and shall be substantially similar to the form pretrial order attached to these rules
and marked Exhibit “B” and incorporated herein by reference.
8.8 Sanctions. Upon motion of either party or upon the court’s own motion, the court
shall impose appropriate sanctions as set out in Rules 26, 33 and 37 of Rules of Civil Procedure,
and G.S. 50-21(e), when the court finds that a party has willfully obstructed or unreasonably
delayed, or has attempted to obstruct or unreasonably delay, discovery proceedings, including
failure to make discovery pursuant to Rule 37 of the Rules of Civil Procedure, or finds that the
party has willfully obstructed or unreasonably delayed or attempted to obstruct or unreasonably
delay any pending equitable distribution proceeding, and further finds that the willful obstruction
or unreasonable delay of the proceedings is or would be prejudicial to the interests of the
opposing party.
8.9 Continuances. All hearing and trial dates set by the court are firm dates, and
scheduled matters shall not be continued except for unforseeable and exigent circumstances. For
good cause shown, however, and in accordance with the continuance policy listed below, the
court may continue any motion hearing or trial scheduled pursuant to these rules, and extend any
time limitation set out in these rules.
8.10 Publication of Rules. Effective 1 January 1998, every party filing a pleading setting
out the initial claim for equitable distribution in that case, shall serve a copy of this rule on the
opposing party or counsel together with the pleading. It is not necessary that such service include
copies of either Exhibits “A” or “B”, the Inventory Affidavit and Pretrial Order. Those forms are
available for copying in the office of the Clerk of Superior Court.
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Equitable Distribution Forms
1. 19A ED Form A. Inventory Affidavit
2. 19A ED Form B. Pretrial Order
3. 19A ED Form C. Order Setting Scheduling Conference
4. 19A ED Form D. Scheduling Conference Order
5. 19A ED Form E. Initial Pretrial Conference Order
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RULE 9: BANKRUPTCY CASES
9.1 Civil actions in which one of the parties is adjudicated bankrupt will be disposed of
in accordance with the following authority and procedure;
(a) Rule 401 of the Federal Bankruptcy Act
(b) 11 U.S. Code 362
(c) 11 U.S. Code 1301
(d) Whitehurst v. Virginia Dare Transport Co.
(e) N.C.G.S. 1-23
9.2 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 certificate of bankruptcy filing or stay
or proceeding from the United States Bankruptcy Court having jurisdiction.
9.3 After a reasonable notice, the judge may remove the civil action without prejudice.
Said notice may be in writing via letter, or in the form of a calendar notice.
RULE 10: Sanctions
10.1 Failure to comply with any section of these rules shall subject an action to
dismissal at the discretion of the presiding judge.
10.2 When an attorney is notified to appear for the setting of a calendar, pretrial
conference, hearing of a motion or for trial, he must, consistent with ethical requirements, appear
or have a partner, associate or another attorney familiar with the case present. Unless an attorney
has been excused in advance by the judge before whom the matter is scheduled and has given
prior notice to his opponent, a case will not be continued.
10.3 When the attorney for a litigant is ordered to prepare an order or judgment for the
Court’s signature, and such order or judgment is not presented within ten (10) working days, the
judge may (1) refuse to sign the order or judgment tendered, or (2) dismiss the action, or (3) sign
the opposing party’s tendered order or judgement, or (4) set the matter for a de novo hearing, or
(5) cite the responsible attorney for contempt, or (6) take such other action as appears
appropriate under the circumstances.
RULE 11: PREPARATION OF FORMS
11.1 Attorneys shall be responsible for reproduction of forms which are required by
these rules.
11.2 Reproduction may be by any process which results in clearly legible copies of
standard letter size.
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RULE 12: MOTIONS FOR CONTINUANCE--CRIMINAL CASES
Criminal cases should be disposed of at the earliest opportunity, including the first trial
setting. However, when compelling reasons for continuance are presented which would affect the
fundamental fairness of the trial process, a continuance may be granted for good cause. Requests
for continuances that are made after 90 days from the first calendaring before a judge shall only be
granted for extraordinary cause.
12.1 Appropriate Court Official
Rulings on any request for continuance made on the day of court for the session in which
the case is calendared shall be the responsibility of the presiding trial judge of that court. The
Chief District Court Judge shall establish a written policy identifying the appropriate court official
to address the motions for continuance made prior to the session of court during which the case is
calendared.
12.2 Court Conflicts
The various levels of court should work together to move cases as expeditiously as
possible. Age of case, subject matter, and priority of setting should be given as much primacy as
the level of court when resolving conflicts.
Attorneys shall notify the court and opposing counsel of any other court conflict(s) as they
become known and shall keep the court advised of the resolution of that conflict. All judges shall
communicate with other judges to resolve such conflicts. In resolving court conflicts juvenile
cases shall take precedence over all other matters.
12.3 Documentation of Continuance.
All orders for continuance shall be documented in or on the file, and shall include the name
of the moving party, any objections to the continuance, and the bases for the continuance.
12.4 Notification of Opposing Counsel/Unrepresented Parties/Witnesses
All applications for continuance on behalf of the state or the defendant, shall be made as
soon as a conflict is identified, and all impacted -- opposing counsel, unrepresented parties,
subpoenaed witnesses, or court staff charged with subpoenaing witnesses -- shall be notified as
soon as possible by the moving party. It is anticipated that applications for a continuance made to
the District Attorney’s Office would serve as notice to all possible state’s witnesses. Written
notice given to the District Attorney’s Office ten (10) or more days prior to trial shall be deemed
to be a reasonable time prior to trial although a shorter notice may be sufficient depending upon
all circumstances.
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12.5 Objections to Motion for Continuance
All parties should have an opportunity to be heard on a motion to continue.
12.6 Evaluation of Motions for Continuance
Factors to be considered by the appropriate court official when deciding whether to grant
or deny a motion for continuance should include:
· the opportunity to exercise the right to effective assistance of counsel;
· the age of the case and seriousness of the charge;
· the incarceration status of the defendant;
· the effect on children and spouses if the issue is continued and not resolved;
· the status of a continuance on the safety of the parties or any other persons;
· the status of the trial calendar for the session;
· the number, moving party, and grounds for previous continuances;
· The due diligence of counsel in promptly making a motion for continuance as soon
as
· practicable and notifying opposing counsel and witnesses;
· the period of delay caused by the continuance requested;
· the presence of witnesses, including the defendant;
· the availability of witnesses for the present session, or for a future session;
· whether the basis of the motion is the existence of a legitimate conflict with
another
· court setting;
· the availability of counsel;
· consideration of the financial consequences to the public, the parties, the attorneys,
· or witnesses if the case is continued; and,
· any other factor that promotes the fair administration of justice.
12.7 Case Rescheduling
Upon granting a motion for continuance, the judge should reschedule the case, taking into
consideration the availability of counsel, defendant, and witnesses.
12.8 Time Standards
All criminal and motor vehicle cases should be disposed of within 120 days from the first
appearance in District Court.
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RULE 13: MOTIONS FOR CONTINUANCE -- GENERAL CIVIL AND
MAGISTRATE APPEAL CASES
Civil cases should be disposed of at the earliest opportunity, including the first trial setting.
However, when compelling reasons for continuance are presented which would affect the
fundamental fairness of the trial process, a continuance may be granted for good cause. Requests
for continuances that will delay the resolution of the case beyond the established time standards
shall only be granted for extraordinary cause.
13.1 Appropriate Court Official
All applications for continuance shall be made to the District Court Judge presiding over
the session of court for which the case is calendared, or his/her designee. If the trial judge is not
known at the time the request is made, the application should be addressed to the Chief District
Court Judge or his/her designee.
13.2 Court Conflicts
The various levels of court should work together to try to move cases as expeditiously as
possible. Age of case, subject matter, and priority of setting should be given as much primacy as
the level of court when resolving conflicts.
Attorneys shall notify the court and opposing counsel of any other court conflicts as they
become known and shall keep the court advised of the resolution of that conflict. All judges shall
communicate with other judges to resolve such conflicts. In resolving court conflicts, juvenile
cases shall take precedence over all matters.
13.3 Documentation of Continuance
All requests for continuance shall be by written motion unless such continuance is
consented to in advance by opposing party or his/her attorney. However, oral motions may be
allowed when the reason for the continuance did not become known until immediately preceding
the start of court.
13.4 Notification of Opposing Counsel/Unrepresented Parties/Witnesses
All parties must be notified of a motion to continue. A copy of the motion to continue
must be distributed to all counsel of record and/or unrepresented parties prior to ruling on the
motion. In addition to the service requirements set out in the statute, distribution of the motion
must be made by the quickest means feasible, including facsimile transmission, electronic mail, or
hand delivery.
13.5 Objections to Motion for Continuance
All parties should have an opportunity to be heard on a motion to continue.
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When a motion to continue is made more than seven (7) working days prior to trial,
opposing counsel and/or unrepresented parties shall have a period of four (4) working days,
following completion of distribution, to communicate objections to the motion for continuance to
the moving party and the presiding District Court Judge or his/her designee. Objections not
raised in writing within this time period are deemed waived.
When a motion to continue is made within seven (7) working days of the trial term (other
than an oral motion as provided in Rule 13.3, above), the moving party shall include in the written
motion a statement that the opposing counsel or party has been contacted and a short statement
on opposing party’s position on the motion (including whether the opposing party or counsel
consents or objects, and whether or not he or she desires to be heard on the motion). If the
moving party is unable to contact the opposing counsel or unrepresented parties, the motion shall
state what efforts were made and why contact was not possible.
13.6 Evaluation of Motions for Continuance
Factors to be considered by the appropriate court official when deciding whether to grant
or deny a motion for continuance should include:
· the effect on children and spouses if the issue is continued and not resolved;
· the impact of a continuance on the safety of the parties or any other persons;
· the age of the case;
· the status of the trial calendar for the session;
· the order in which the case appears on the trial calendar, including whether the
case
· is peremptorily scheduled;
· the number of previous continuances;
· the extent to which counsel had input into the scheduling of the trial date;
· the due diligence of counsel in promptly filing a motion for continuance as soon as
· practicable
· whether the reason for continuance is a short-lived event which would resolve
prior to
· the scheduled trial date;
· whether the basis of the motion is the existence of a legitimate conflict with
another
· court setting
· the period of delay caused by the continuance requested;
· the position of opposing counsel of unrepresented parties; for a future session;
· whether the parties themselves consent to the continuance;
· present or future inconvenience or unavailability of witnesses/parties;
· consideration of the financial consequences to the public, the parties, the attorneys,
· or witnesses if the case is continued;
· compliance with any law relating to the scheduling and trial of civil cases (such as,
· summary ejectment appeals); and,
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· any other factor that promotes the fair administration of justice.
13.7 Case Rescheduling
Upon granting a motion for continuance, the judge should reschedule the case to a specific
trial date after receiving input from all parties.
13.8 Time Standards
All general civil and magistrate appeal cases should be disposed of within 24 months of
filing, with 90% of all cases disposed of within 12 months of filing.
RULE 14: MOTIONS FOR CONTINUANCE -- DOMESTIC CASES
Domestic cases should be disposed at the earliest opportunity, including the first trial
setting. However, when compelling reasons for continuance are presented which would affect the
fundamental fairness of the trial process, a continuance may be granted for good cause. Requests
for continuances that will delay the resolution of the contested issues beyond the established time
standards shall only be granted for extraordinary cause.
14.1 Appropriate Court Official
All applications for continuance shall be made to the District Court Judge presiding over
the session of court for which the case is calendared, or his/her designee. If the trial judge is not
known at the time the request is made, the application should be addressed to the Chief District
Court Judge, or his or her designee.
14.2 Court Conflicts
The various levels of court should work together to try to move cases as expeditiously as
possible. Age of case, subject matter, and priority of setting should be given as much primacy as
the level of court when resolving conflicts.
Attorneys shall notify the court and opposing counsel of any other court conflicts as they
become known and shall keep the court advised of the resolution of that conflict. All judges shall
communicate with other judges to resolve such conflicts. In resolving court conflicts, juvenile
cases shall take precedence over all matters.
14.3 Documentation of Continuance
All requests for continuance shall be by written motion. However, oral motions may be
allowed when the reason for the continuance did not become known until immediately preceding
the start of court.
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14.4 Notification of Opposing Counsel/Unrepresented Parties/Witnesses
All parties must be notified of a motion to continue. A copy of the motion to continue
must be distributed to all counsel of record and/or unrepresented parties prior to ruling on the
motion. In addition to the service requirements set out in the statute, distribution of the motion
must be made by the quickest means feasible, including facsimile transmission, electronic mail, or
hand delivery.
14.5 Objections to Motion for Continuance
All parties should have an opportunity to be heard on a motion to continue.
When a motion to continue is made more than seven (7) working days prior to trial,
opposing counsel and/or unrepresented parties shall have a period of four (4) working days,
following completion of distribution, to communicate objections to the motion for continuance to
the moving party and the presiding District Court Judge or his/her designee. Objections not
raised in writing within this time period are deemed waived.
When a motion to continue is made within seven (7) working days of the trial term (other
than an oral motion as provided in Rule 14.3, above), the moving party shall include in the written
motion a statement that the opposing counsel or party has been contacted and a short statement
on opposing party’s position on the motion (including whether the opposing party or counsel
consents or objects, and whether or not he or she desires to be heard on the motion). If the
moving party is unable to contact the opposing counsel or unrepresented parties, the motion shall
state what efforts were made and why contact was not possible.
14.6 Evaluation of Motions for Continuance
Factors to be considered by the appropriate court official when deciding whether to grant
or deny a motion for continuance should include:
· the effect on children and spouses if the issue is continued and not resolved;
· whether there is in effect a temporary order dealing with the issue that is the
subject
· of the continuance request;
· the impact of a continuance on the safety of the parties or any other persons;
· whether the issue has been identified statutorily as an issue which should be
· addressed expeditiously, i.e., child support, post-separation support;
· the age of the case or motion;
· the status of the trial calendar for the session;
· the number of previous continuances OR the number, moving party, and grounds
for
· previous continuances;
· the extent to which counsel had input into the scheduling of the trial date;
· the due diligence of counsel in promptly filing a motion for continuance as soon as
· practicable
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· whether the reason for continuance is a short-lived event which would resolve
prior to
· the scheduled trial date;
· whether the basis of the motion is the existence of a legitimate conflict with
another
· court setting
· the period of delay caused by the continuance requested;
· the position of opposing counsel of unrepresented parties;
· whether the parties themselves consent to the continuance;
· present or future inconvenience or unavailability of witnesses/parties;
· consideration of the financial consequences to the public, the parties, the attorneys,
· or witnesses if the case is continued;
· any other factor that promotes the fair administration of justice.
14.7 Case Rescheduling
Prior to granting a motion for continuance, the appropriate judicial official should
reschedule the trial or pretrial of the contested issues to a specific date after receiving scheduling
input from all parties
14.8 Time Standards
All domestic cases should be disposed of within 18 months of filing, with 90% disposed of
within six months. Issues of child support should be resolved and a temporary or permanent
order entered within 60 days of service. Post-disposition issues, such as contempt and motions to
modify existing orders, should be resolved within 60 days of the filing of such actions.
RULE 15: MOTIONS FOR CONTINUANCE -- JUVENILE CASES
For an abused or neglected child, the courts are his or her source of protection and the
source of services. For a delinquent child or youth, the courts provide the opportunity for
rehabilitation. The goal of a case management plan for juvenile court is to put the courts in the
best position to ensure the safety of children, and to give them the best possible chance of living in
stable, permanent families. Therefore, a continuance should be allowed only when it serves the
child’s best interest. Participants must come to court prepared to meet each statutory obligation
that is required for resolution of these matters.
Accordingly, juvenile cases, including motions for review in neglect and abuse matters,
should be disposed at the earliest opportunity, including the first setting for hearing. Requests for
continuances that are made after the first setting for hearing on the merits of the case shall only be
granted for extraordinary cause.
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15.1 Appropriate Court Official
All applications for continuance shall be made to the District Court Judge presiding over
the session of court for which the case is calendared. If the trial judge is not known at the time
the request is made or is unavailable, the application should be addressed to the Chief District
Court Judge, or his or her designee.
15.2 Court Conflicts
The various levels of court should work together to try to move cases as expeditiously as
possible. Age of case, subject matter, and priority of setting should be given as much primacy as
the level of court when resolving conflicts.
Attorneys shall notify the court and opposing counsel of any other conflict(s) as they
become known and shall keep the court advised of the resolution of that conflict. All judges shall
communicate with other judges to resolve such conflicts. In resolving court conflicts, juvenile
cases shall take precedence over all other matters.
15.3 Documentation of Continuance
All orders for continuance shall be documented in writing, and shall include the name of
the moving party, any objections to the continuance, and the basis for the continuance.
15.4 Notification of Opposing Counsel/Unrepresented Parties/Witnesses
All applications for continuances shall be made as soon as a conflict is identified, and all
impacted -- opposing counsel, unrepresented parties, subpoenaed witnesses, or court staff
charged with subpoenaing witnesses -- shall be notified as soon as possible by the moving party.
15.5 Objections to Motion for Continuance
All parties should have an opportunity to be heard on a motion to continue.
15.6 Evaluation of Motions for Continuance
Factors to be considered by the appropriate court official when deciding whether to grant
or deny a motion for continuance should include:
· the best interest of the child;
· the opportunity to exercise the right to effective assistance of counsel;
· the age of the case and the seriousness of the charge
· the incarceration status of the juvenile
· the effect on children and spouses if the issue is continued and not resolved;
· the impact of a continuance on the safety of the parties or any other persons;
· the status of the trial calendar for the session;
· the number, moving party, and grounds for previous continuances;
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· the due diligence of counsel in promptly making a motion for continuance as soon
as
· practicable and notifying opposing counsel and witnesses;
· the period of delay caused by the continuance requested;
· the presence of witnesses, including the juvenile;
· the availability of witnesses for the present session, or for a future session;
· whether the basis of the motion is the existence of a legitimate conflict with
another
· court setting;
· the availability of counsel;
· consideration of the financial consequences to the public, the parties, the attorneys,
· or witnesses if the case is continued; and,
· any other factor that promotes the fair administration of justice.
15.7 Case Rescheduling
Upon granting a motion for continuance, the judge shall reschedule the case for a specified
date, taking into consideration the availability of counsel, parties, and witnesses.
15.8 Time Standards
All undisciplined cases should be disposed of within 30 days of service of the petition. All
delinquency cases involving misdemeanor offenses should be disposed of within 90 days of service
of the petition and those involving felony offenses, within 120 days of service of the petition.
All adjudication of neglect and abuse cases should be within 60 days of service of the
petition. All terminations of parental rights (TPRs) should be disposed of within 120 days after
service of the petition.
