State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_40

Rule 40.  Assignment of casesfor trial; continuances.

(a)        The senior residentsuperior court judge of any superior court district or set of districts asdefined in G.S. 7A‑41.1 may provide by rule for the calendaring ofactions for trial in the superior court division of the various counties withinhis district or set of districts. Calendaring of actions for trial in thedistrict court shall be in accordance with G.S. 7A‑146. Precedence shallbe given to actions entitled thereto by any statute of this State.

(b)        No continuanceshall be granted except upon application to the court. A continuance may begranted only for good cause shown and upon such terms and conditions as justicemay require. Good cause for granting a continuance shall include those instanceswhen a party to the proceeding, a witness, or counsel of record has anobligation of service to the State of North Carolina, including service as amember of the General Assembly or the Rules Review Commission. (1967,c. 954, s. 1; 1969, c. 895, s. 9; 1985, c. 603, s. 8; 1987 (Reg. Sess., 1988),c. 1037, s. 43; 1997‑34, s. 10.)