Hearings and Conduct

6.1. Notice of hearing. The Court will typically issue a notice of hearing prior to a hearing. The Court will usually issue the notice at least five business days prior to the hearing. The Court retains the flexibility to convene counsel informally if doing so would advance the interests of justice. A ruling on a motion heard after notice to the parties will not be subject to attack solely because a notice of hearing was not issued as provided by this rule. 6.2. Hearing procedures. Unless otherwise specified, all pretrial hearings will be conducted in the Business Court courtroom assigned to the presiding Business Court judge. At the Court’s discretion, a hearing may be conducted by audio and video transmission in accordance with N.C.G.S. § 7A-49.6. 6.3. Conduct before the Court. (a) Addressing the Court. Counsel should speak clearly and audibly from a standing position behind counsel table or the podium. Counsel may not approach the bench without the Court’s request or permission. (b) Examination of witnesses and jurors. Counsel must examine witnesses and jurors from a sitting position behind counsel table or standing from the podium, except as otherwise permitted by the Court. Counsel may only approach a witness for the purposes of presenting, inquiring about, or examining the witness about an exhibit, document, or diagram. (c) Professionalism. Participants in court proceedings must conduct themselves professionally. Adverse witnesses, counsel, and parties must be treated with fairness and civility both in and out of court. Counsel must yield gracefully to rulings of the Court and avoid disrespectful remarks. 6.4. Contact with the Court. (a) E-mail. Any e-mails to the Court about a pending matter must copy all pro se parties and all counsel of record for each represented party. (b) Contact with court personnel. Counsel may contact the judicial assistants or law clerks of the Business Court judges to discuss scheduling and logistical matters. Neither counsel nor 14 TOC Rule 6 counsel’s professional staff may seek advice or comment from a judicial assistant or law clerk on any matter of substance. Counsel should communicate with Business Court judges, law clerks, and judicial assistants with appropriate professional courtesy. In the absence of exigent circumstances, and unless the consented otherwise, any written other parties have communication by counsel to court personnel regarding a pending matter must include or copy all pro se parties and all counsel of record for each represented party. 6.5. Participation of junior attorneys. To promote the professional development of junior attorneys, the Court welcomes their participation at oral argument. 6.6. Secure leave. Notwithstanding subsections (c) and (e) of Rule 26 of the General Rules of Practice, an attorney must designate his or her secure-leave periods using the Court’s electronic-filing system in each case in which the attorney is counsel of record. History Note. 372 N.C. 911; 372 N.C. 844; 381 N.C. 886.