Related Cases

U.S. District Court for the Eastern District of North Carolina

Rule Set: Local Rules of the U.S. District Court for the Eastern District of North Carolina

Rule: 40.3

Jurisdiction: EDNC

Bluebook Citation: E.D.N.C. L.R. 40.3

All Rules: E.D.N.C. Local Rules, complete index


Text

(a) Definition of Related Cases. Cases may be related when: (1) (2) (3) the cases concern substantially the same parties, transactions, or events; the cases call for a determination of the same or substantially related or similar questions of law and fact; or it appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. (b) Notice. Whenever a party knows or learns that a case filed in or removed to this district is (or the party believes that the case may be) related to a case that is or was pending in this district as defined in subsection (a) of this rule, the party must promptly file in the earliest-filed open case a notice identifying all cases pending in this district that are related to the case.

The notice must contain (1) the title and case number of each case and (2) a brief statement of the relationship of cases according to the criteria set forth in subsection (a) of this rule. (c) Filing of Notice Does Not Constitute a General Appearance. A notice filed pursuant to this rule shall not constitute a general appearance in the action.

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