Motions

7.1. General provisions. (a) Business Court judge presides. After an action has been designated as a mandatory complex business case or assigned to a Business Court judge under Rule 2.1 of the General Rules of Practice, the Business Court judge to whom the action is assigned will preside over all motions and proceedings in the action, unless and until an order has been entered under N.C.G.S. § 7A-45.4(e) ordering that the case not be designated a mandatory complex business case or the Chief Justice of the Supreme Court of North Carolina revokes approval of the designation. (b) (c) Scope. BCR 7 applies to written motions filed with the Court, not to oral motions made at a hearing or trial. Effect of noncompliance. The Court has discretion to disregard or strike a filing that does not comply with these rules. 7.2. Form of motion and brief; scope of motion hearing. Each motion must be filed as a separate document. Unless listed in BCR 7.10, a motion must be accompanied by a brief. The Court has discretion to deny the motion summarily if a required brief is not filed. 15 TOC Rule 7 The parties must brief the matters they intend to discuss at a hearing on the motion. The Court has discretion to expand the scope of the hearing to matters that do not appear in the briefs. 7.3. Consultation. Each motion, except one made pursuant to Rules 12, 55, 56, 59, 60, or 65 of the Rules of Civil Procedure, must include a statement reporting whether each party consents, does not object, or objects and intends to file a response to the motion. If a consultation with a party is not possible, then the motion must include a statement that explains the movant’s reasonable and diligent efforts to effectuate a consultation. 7.4. Motions decided without a hearing. The Court may rule on a motion without a hearing. Special considerations thought by counsel sufficient to warrant a hearing or oral argument may be brought to the Court’s attention in the motion or response. 7.5. Supporting materials and citations. All materials, including affidavits, on which a motion or brief relies must be filed with the motion or brief. Materials that have been filed previously need not be refiled, but the filing party should, using the form ECF No. ___, cite to the docket location of the previously filed materials. In selecting materials to be filed, parties should attempt to limit the use of voluminous materials. If the adequacy of service of process is at issue in any motion, proof of service must be submitted in support of the motion. The filing party must include an index at the front of the materials. The index should assign a number or letter to each exhibit and should describe the exhibit with sufficient detail to allow the Court to understand the exhibit’s contents. When a brief refers to a publicly available document, the brief may contain a hyperlink to or URL address for the document in lieu of attaching the document as an exhibit. The filing party is responsible for keeping or archiving a copy of the document referenced by hyperlink or URL address. When a motion or brief refers to any supporting material, the motion or brief must include a pinpoint citation to the relevant page of the supporting material whenever possible. Unless the circumstances dictate otherwise, only the cited page(s) should be filed with the Court in the manner described above. If a motion or brief cites a decision that is published only in sources other than the West Federal Reporter System, Lexis System, commonly used electronic databases such as Westlaw or LexisNexis, the official North Carolina reporters, or decisions of the Court listed on its website as opinions, then the motion or brief must attach a copy of the decision. 7.6. Responsive briefs. A party that opposes a motion may file a responsive brief within twenty days of service of the supporting brief. This period is thirty days after service for responses to summary judgment motions and for responses to opening briefs in administrative appeals. If a party fails to file a 16 TOC Rule 7 response within the time required by this rule, the motion will be considered and decided as an uncontested motion. If a motion has been filed without a brief before a case is designated as a mandatory complex business case, then the time period to file a responsive brief begins running only when the moving party files a supporting brief in the Court. A motion filed without a brief before a case is designated as a mandatory complex business case will not be considered by the Court unless and until the moving party files a supporting brief with the Court. 7.7. Reply briefs. Unless otherwise prohibited, a reply brief may be filed within ten days of service of a responsive brief. A reply brief must be limited to matters newly raised in the responsive brief. 7.8. Length. Briefs in support of and in response to motions cannot exceed 7,500 words, except as provided in BCR 10.9(c). Reply briefs cannot exceed 3,750 words. These word limits include footnotes and endnotes but do not include the case caption, any index, table of contents, or table of authorities, signature blocks, or any required certificates. A party may not incorporate by reference arguments made in another brief or file multiple motions to circumvent these limits. A party may request the Court to expand these limits but must make the request no later than five days before the deadline for filing the brief. Word limits will be expanded only upon a convincing showing of the need for a longer brief. Each brief must include a certificate by the attorney or party that the brief complies with this rule. Counsel or pro se parties may rely on the word count of a word-processing system used to prepare the brief. In the absence of a court order, all parties who are jointly represented by any law firm or attorney must join together in a single brief. That single brief may not exceed the length limits in this rule. 7.9. Suggestion of subsequently decided authority. In connection with a pending motion, a party may file a suggestion of subsequently decided authority after briefing has closed. The suggestion must contain the citation to the authority and, if the authority is not available on an electronic database, a copy of the authority. The suggestion may contain a brief explanation, not to exceed 100 words, that describes the relevance of the authority to the pending motion. Any party may file a response to a suggestion of subsequently decided authority. The response may not exceed 100 words and must be filed within five days of service of the suggestion. 7.10. Motions that do not require briefs. Briefs are not required for the following motions: (a) for an extension of time, provided that the motion is filed prior to the expiration of the time to be extended; 17 TOC Rule 7 (b) (c) (d) (e) (f) (g) (h) (i) (j) to continue a pretrial conference, hearing, or trial of an action; to add parties; consent motions, unless otherwise ordered by the Court; to approve fees for receivers, special masters, referees, or court-appointed experts or professionals; for substitution of parties; to stay proceedings to enforce a judgment; to modify the case-management process pursuant to BCR 9.1(a), provided that the motion is filed prior to the expiration of the case-management deadline sought to be extended; for entry of default; for pro hac vice admission; (k) motions in limine complying with BCR 12.9; (l) to seal confidential information (except as provided by BCR 5); (m) to withdraw as counsel; and (n) for a bill of costs. These motions must state the grounds for the relief sought, include any necessary supporting materials, and be accompanied by a proposed order. 7.11. Late filings. Absent a showing of excusable neglect or as otherwise ordered by the Court, the failure to timely file a brief or supporting material waives a party’s right to file the brief or supporting material. 7.12. Motions decided without live testimony. Unless the Court orders otherwise, a hearing on a motion, including an emergency motion, will not involve live testimony. A party who desires to present live testimony must file a motion for permission to present that testimony. In the absence of exigent circumstances, the motion must be filed promptly after receiving notice of the hearing and may not exceed 500 words. After the motion is filed, the Court will either (i) issue an order that requests a response, (ii) deny the motion, or (iii) issue an order with further instructions. The opposing party is not required to file a response unless ordered by the Court. If the Court elects to conduct a telephone conference on the motion, then the Court may decide the motion during the conference. 7.13. Emergency motions prior to designation. (a) Actions in which a Notice of Designation was filed when the action was initiated. If a party seeks to have an emergency motion heard in the Court, the party should contact the Chief Justice of the Supreme Court of North Carolina promptly after filing the Notice of Designation and request expedited 18 TOC Rule 7 designation of the case as a mandatory complex business case. The party should also promptly contact the Court’s Trial Court Coordinator and advise that the party seeks to have an emergency motion heard in the Court. (b) Actions subsequently designated as mandatory complex business cases. If a party has filed an emergency motion in an action before a Notice of Designation has been filed, and the action is later designated as a mandatory complex business case or assigned to a Business Court judge under Rule 2.1 of the General Rules of Practice, then the emergency motion will be heard by the Business Court judge to whom the action has been assigned as provided by N.C.G.S. § 7A-45.4(e). If, however, the emergency motion is heard by a non-Business Court judge prior to designation or assignment, then, barring exceptional circumstances, the Business Court judge will defer to the judge who heard the motion. (c) Briefing. When a party moves for emergency relief under BCR 7.13(a) or (b), the Court will, if practicable, establish a briefing schedule for the motion. A party that moves for emergency relief under BCR 7.13(a) must file a supporting brief that complies with these rules. The Court’s briefing schedule for a BCR 7.13(a) motion will establish deadlines for a response and, in the Court’s discretion, a reply. Unless the Court orders otherwise, the length restrictions in BCR 7.8 apply to all briefs filed under this rule. 7.14. Amicus briefs. (a) When permitted. An amicus curiae may file a brief only with leave of the Court. (b) Motion for leave. A motion for leave to file an amicus brief must state the nature of the movant’s interest, the issues that the amicus brief would address, the movant’s position on those issues, and the reasons that an amicus brief would aid the Court. The motion must also attach the proposed amicus brief. The Court will generally rule on the motion without a response or argument. (c) Deadline for filing. A motion for leave to file an amicus brief must be filed no later than the deadline for the brief of the party supported. (d) Method of filing. The motion and proposed amicus brief must be filed consistent with BCR 3. 19 TOC Rule 7 (e) Contents and length. An amicus brief may not exceed 3,750 words and must comply with all other aspects of BCR 7.8. The brief must also state whether (i) a party’s counsel authored the brief, (ii) a party or party’s counsel paid for the preparation of the brief, and (iii) anyone other than the amicus curiae paid for the brief and, if so, their identities. (f) Response. A party must obtain leave to file a separate response to an amicus brief. If the Court provides leave, the response must be limited to points and authorities presented in the amicus brief. The response may not exceed 3,750 words. An amicus curiae may not file a reply brief. (g) Oral argument. An amicus curiae may not participate in oral argument without leave of the Court. History Note. 372 N.C. 911; 372 N.C. 844; 381 N.C. 886; Order Dated 20 August 2025.