Practice Pointers
These pointers are not intended
as a source of technical requirements or mandatory rules. Consequently, the
information on this page should not be cited to Court as grounds for striking or
otherwise objecting to the form or content of a pleading or other filing. The
legal sufficiency of a matter is determined by reference to the North Carolina
General Statutes, the General Rules of Practice and Procedure for Superior and
District Courts, this Court’s local rules, and any other applicable procedural
and substantive laws.
1. Read and understand the difference between
Rule 2.1 and Rule 23.1. Do not combine or confuse the two. There is no dollar
amount in controversy threshold for a case to be assigned to the Business Court,
and the parties do not have to waive a jury trial. Click
here to read the Memorandum to Senior Resident Superior Court Judges from
Chief Justice Lake containing his “Guidelines for Assignment of Cases
to the North Carolina Business Court”.
2. The case will be tried in the county in which
it is filed.
3. Continue to work through your senior resident
superior court judge and consult with the Administrative Office of the Courts.
4. Consider making your motion in the
alternative. If the case is not complex business you may still want Rule 2.1
treatment. The case simply might go to another judge other than the business
court judge.
5. Consider use of the designation for pretrial
only. Remember Rule 2.1(e) provides that the Chief Justice may enter such orders
as are appropriate for pretrial, trial and other disposition of exceptional and
complex business cases.
6. Before asking for the designation be sure you
and your client have considered: 1) an early case management order, 2) an
early trial date, 3) client attendance at pretrial motions, 4) timely use of
neutrals to help with settlement, 5) possible change of venue for pretrial
purposes, and 6) a written opinion on disposition of the case.
7. In supporting or opposing designation as a
complex business case, consider all the complexity factors: the statutes which
will require interpretation in connection with the case, and whether or not a
written opinion in the case will assist business and industry managers and their
counsel in making business decisions in the future or whether the holding in the
case will be limited to the parties or the particular facts at issue.
8. The parties do not have to agree on
assignment. A Superior Court Judge may recommend assignment over the objection
of a party or on his or her own motion. The Business Court does not decide
which cases are assigned, and his or her caseload is not a consideration in the
process.
Click
here for more answers to Frequently Asked Questions
The North Carolina
Business Court
200 South Elm Street Suite 200
Greensboro, North Carolina 27401
Telephone 336.334.5252 Facsimile 336.334.5162
E-Mail
info@ncbusinesscourt.net
