Pre-Trial Procedure (See Rule 16)

There shall be a pre-trial conference in every civil case, unless counsel for all parties stipulate in writing to the contrary and the court approves the stipulation. Upon its own motion or upon request of any party, the court may dispense with or limit the scope of the pre-trial conference or order. In uncontested divorce, default, and magistrate cases and magistrate appeals, a pre-trial conference or order is not required. A party who has not requested a pre-trial conference may not move for a continuance on the ground that it has not been held. At least twenty-one days prior to trial date, the plaintiff’s attorney shall arrange a pre-trial conference with the defendant’s attorney to be held not later than seven days before trial date. At such conference a pre-trial order shall be prepared and signed by the attorneys. If, after due diligence, plaintiff’s attorney cannot arrange a conference with defendant’s attorney, he may apply to the presiding judge or other judge holding court in the district (or district court judge with respect to district court cases) who shall make an appropriate order. The defense attorney may initiate pre-trial under the same rules applicable to plaintiff’s attorney. The pre-trial order shall be in substance as shown on the attached sample form. 17 TOC History Note. 276 N.C. 735. Editor’s Note. Rule 7 The rule referenced in the title of Rule 7 is ostensibly Rule 16 of the North Carolina Rules of Civil Procedure. References in the General Rules of Practice to statutes, other rule sets, and caselaw have not been updated in this codification. Rule 7.1. [Appointment of Guardian Ad Litem for Minor Victim or Minor Witness] When any person is charged with a crime wherein the victim is a minor, or a minor is a potential witness to such crime, the court may appoint an attorney, from a list of pro bono attorneys approved by the Chief District Court Judge, as guardian ad litem for such minor victim or witness. History Note. 327 N.C. 670. Editor’s Note. The order adopting Rule 7.1, 327 N.C. 670, does not indicate a title for the rule. The title that appears in brackets, above, was added by the editor.