The NC Business Court Frequently Asked Questions

How do I get my case assigned to the Business Court?

 A new removal procedure was instituted as of January 1, 2006. For a brief overview, see the removal process document.  For more information, see Business Court Rule 3:  Mandatory Business Court Jurisdiction in  Amended Local Rules of the North Carolina Business Court (2006).  Plaintiff or Third Party Plaintiff may file a Notice of Designation within 30 days of filing of complaint; Intervening Party may file simultaneously with motion to intervene; anyone else, including Defendant(s), may file with 30 days of being served with initial pleading seeking relief against that party.  In addition to filing the Notice of Designation with the Clerk of Superior Court in the county in which the action is filed, the document should be served on all opposing parties or counsel, and by email or fax on the Chief Special Superior Court Judge for Complex Business Cases  and the Chief Justice of the Supreme Court. Once a case is designated mandatory complex business, the Chief Business Court Judge will assign the case to a specific Business Court Judge.  An additional non-refundable $1,000 filing fee is to be paid to the Clerk of Court by the party or parties filing the notice of designation. 

Any party opposing a mandatory complex business designation may file an opposition with the Chief Business Court Judge within 30 days of receiving service of the notice of designation.  A ruling on the opposition may be appealed to the Chief Justice of the Supreme Court. 

In Rule 2.1 exceptional cases and in cases in which a party seeking removal has not met the timing requirements, any superior or district court judge may still recommend to the Chief Justice that an existing case be assigned to the Business Court on motion of a party or sua sponte.  A recommendation is then sent to the Chief Justice, who decides if the case will be assigned as a complex business case or as a Rule 2.1 case with an exceptional designation and to which of three Business Court judges the case will be assigned.  Once assigned, the case stays with that judge to conclusion.

Do I have to waive my client’s right to a jury trial in order to be assigned to the Business Court?

No. There is no requirement to waive a jury trial for cases assigned to the Business Court.  

Is there a jurisdictional limit or threshold dollar amount for assignment of cases to the Business Court?

No. There is no requirement that the damages in a case reach a certain value or amount. 

Does the Business Court handle regular Rule 2.1 cases?

Yes. Regular 2.1 cases are frequently assigned to the Business Court.  

Will I be required to change venue and try my case in Greensboro , Raleigh or Charlotte ?

No. It has consistently been the policy of the Court to try each case in the county in which it is filed unless there are other standard reasons for a change of venue. Some attorneys have elected to move their cases in order to use the state of the art technology available in the Business Court courtrooms. Pretrial hearings are scheduled at various locations, depending on the location of the parties, their attorneys and the Court’s schedule. Pretrial matters may be heard in the Judge’s courtroom as a matter of convenience.  The Court has sophisticated video-conferencing equipment and is willing to hold video or telephone conference hearings where convenience and cost dictate.

Does the Court write opinions in all cases?

No. The Court is required to write opinions upon final disposition in non-jury matters assigned as Complex Business cases. In all other cases the decision about whether to write an opinion is in the discretion of the Court. Opinions are generally written where the issues are matters of first impression.

What is the Court’s policy on mediation?

The Court strongly endorses mediation. Cases are generally sent to mediation at a time that the Court believes the parties have sufficient information about the case to make mediation meaningful.

What is the Court’s policy on jury selection?

The Court follows the standard superior court rules and practices in jury selection.

Yes. Please consult Rule 15.8,  Amended Local Rules of the North Carolina Business Court (2006) for local rules that speak to the length of briefs.

Yes. Under Rule 8, Amended Local Rules of the North Carolina Business Court (2006), all documents and materials submitted to the Business Court shall also be filed within five (5) business days with the Clerk of Superior Court in the judicial district in which the matter is pending.  

  Can the Clerk of Superior Court grant routine discovery or other time extensions?  

No. Once a case is transferred to the Business Court, it is transferred for all purposes.  You must file all motions with the Business Court.

  If I use electronic filing do I still have to serve opposing counsel?  

Yes. However, the parties can agree that electronic notice via e-filing can be considered service.  E-filing allows opposing counsel to receive immediate service.  Please note that there are 2 exceptions:  (1)  sealed documents cannot be accessed from the web; therefore a party must serve opposing counsel via mail or (if agreed to) via e-mail; and (2) web access is only available for documents that have been e-filed; therefore, exhibits or attachments to a document must also be e-filed. The case management order entered in each case should speak to this issue.

Can I file documents under seal? 

Yes.  Please consult the online e-filing tutorial for technical guidance.

No. It should not take longer to get a case tried in the Business Court. Case management by one judge should speed the process rather than delay it. 

Yes. When all parties consent, the Court will permit testimony by videoconference. When all parties do not consent, the Court will decide in each individual case whether the circumstances permit and warrant testimony by videoconference.

Can the courtroom and electronic filing capabilities be used by other judges in other cases?

Yes. Use of the courtroom and its technology is not limited to the Business Court. Any judge can use both the courtroom and electronic filing for complex cases.

Is real-time court reporting available in the Business Court?

Yes. The courtroom is equipped for real-time court reporting and its use is facilitated by the courtroom technology. Whenever possible the Administrative Office of the Courts assigns real-time court reporters to Business Court hearings and trials.

What is the benefit of electronic filing if the case is not tried in Greensboro, Raleigh, or Charlotte?

There are still many benefits to electronic filing. The Court may prepare a CD-ROM of the electronic file and take the electronic copy for use on computers anywhere in the state. Counsel may obtain CD-ROMS of the file for their use. Some of the court technology can be reassembled in other places. The benefits of cost reduction and speed in filing are important. Accessibility to the file over the Internet remains a great benefit even if the case is not ultimately tried in a Business Court location.