This form for note-taking is intended to assist the attorney with case preparation during pre-trial conference.
North Carolina Pretrial Conference Notes
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Multi-State
Control #:
US-PI-0016
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Word;
Rich Text
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Rule 1. Scope of rules. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature except when a differing procedure is prescribed by statute.
Rule 4. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.
- A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served.
Rule 7. Pleadings allowed; motions. If the answer alleges contributory negligence, a party may serve a reply alleging last clear chance. No other pleading shall be allowed except that the court may order a reply to an answer or a third-party answer.
Rule 2.1 - Designation of Exceptional Civil Cases and Complex Business Cases (a) The Chief Justice may designate any case or group of cases as (a) "exceptional" or (b) "complex business." A senior resident superior court judge, chief district court judge, or presiding superior court judge may ex mero motu, or on motion ...
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, subject to the delegations of authority specifically authorized in these rules.
Rule 16(b) establishes a court-issued scheduling order, unless preempted by local rules. The scheduling order can only be issued after the court has received the parties' report under Rule 26(f) or after meeting with the parties during a scheduling conference.
Rule 24 of the General Rules of Practice for the Superior and District Court requires a pretrial conference in every case in which the defendant stands charged with a crime punishable by death. This means all first-degree murder cases and all murder cases where the degree of murder is not specified.
