The NC Business Court Frequently Asked Questions
For technology related FAQ ,select ''Technology" on the menu bar to the left.
For more practice specific pointers, select "Practice Pointers" on the menu bar to the left.

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

Any superior or district court judge may recommend to the Chief Justice that a 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. The Chief Justice may assign the case to a Special Superior Court Judge for Complex Business Cases as a Rule 2.1 case without the Complex Business designation. Once assigned, the case stays with that judge to conclusion.

See About the Court  for further information.

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 under Rule 2.1. There is a requirement to waive a jury trial under Rule 23 of the Rules of Practice. That rule, however, is not connected with Rule 2.1.

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. Again, Rule 23 has such a limitation, but that limitation is not applicable to Rule 2.1 cases.

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?

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 to Greensboro in order to use the state of the art technology available in the Greensboro courtroom. 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 Greensboro 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 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 the Local Rules for local rules that speak to the length of briefs.

Yes. You are still required to file the original paper pleading in the clerk’s office in the county in which the case is filed. Local rules will be adopted in the future which deal with this issue. In the interim, the case management order entered in each case will speak to the requirements.

  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 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. The Court encourages use of real-time court reporting. However, there are only four real-time court reporters under contract with the state, and availability is a problem. Counsel wishing to use real-time court reporting are advised to make plans to provide their own reporter.

What is the benefit of electronic filing if the case is not tried in Greensboro?

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 the courtroom in Greensboro.