North Carolina Supreme Court Issues Order Regarding Essential Court Functions
The Supreme Court of North Carolina has issued an updated Order on May 21, 2020. The goal over the summer months is to increase court activity while complying with national and state health standards. Notable items include:
- Filings and actions due in civil matters that were previously extended are due June 1, 2020. Standard statutes of limitations and statutes of repose will apply after July 31, 2020.
- To limit foot traffic in the clerks’ offices, courts are encouraging filing by mail. Courts are allowing a five-day receipt of mail grace period for filings that are due on or after June 1, 2020. Service will be considered timely if received by the clerk’s office within 5 days of the due date. (This rule is effective on June 1, 2020 and expires June 20, 2020 in the current Order)
- No session of court may be scheduled if it would result in the public being crowded into courtrooms or waiting in close proximity without social distancing.
- Senior Resident Superior Court Judges are directed to have courtroom seating and all areas where lines form marked with six-foot intervals, public areas of the courthouse are cleaned throughout the day and hand sanitizer is provided at every entrance and exit.
- No jury trials will be held until at least August 2020, while the courts continue to identify safe alternatives to allow for jury trials to be safely conducted.
- Hearings and motions are still strongly encouraged to be resolved remotely through the use of technology. Courts are encouraging counsel to keep cases moving to the extent that proceedings can be safely conducted.
The 5-21-20 Order is located here.
The 4-13-20 Order is located here.
The 4-2-20 Order is located here.
The 3-27-20 Order is located here.
The 3-19-20 Order is located here.
The 3-15-20 memo is located here.
The 3-13-20 Order is located here.
For local updates and information, visit the county’s pages or contact the courthouse.
Questions? Contact one of MGC’s litigation attorneys.
This legal update is published as a service to our clients and friends. It is intended to provide general information and does not constitute legal advice regarding any specific situation. Past success does not indicate likelihood of success in any future legal representation.