Coronavirus (COVID-19) Court Status

Statewide Information (updated as of 25 March 2020)

See nccourts.gov for more information

Per Chief Justice Cheri Beasley’s 19 March 2020 Order (See 20200319 NC Supreme Court Order )

• All pleadings, motions, notices, and other documents and papers that are due to be filed between 16 March 2020 and 17 April 2020 will be deemed timely filed if they are filed before the close of business on 17 April 2020. This applies to civil actions, criminal actions, estates, and special proceedings.
• All other acts that were or are due between 16 March 2020 and 17 April 2020 will be deemed timely done if they are done before the close of business on 17 April 2020. This applies to civil actions, criminal actions, estates, and special proceedings.

Per Chief Justice Cheri Beasley’s 13 March 2020 Order and 15 March 2020 Memo (See 20200313 NC Supreme Court Order and 20200315 Chief Justice Beasley Update):

“Courthouses must remain open to accept filings and address emergency/safety situations, the spirit of my order is to drastically reduce the foot traffic in all of our courthouses across the state.”       

For at least the next 30 days:

• In-person meetings must be postponed or cancelled to the fullest extent possible.
• When cases or hearings cannot be postponed for the next 30 days, remote technologies should be utilized as authorized by law and to the fullest extent possible.
• Matters before the Clerks of Superior Court:
  • Subject to health precautions, involuntary commitment hearings, guardianship hearings, and pressing estate administration matters should be conducted.
  • Other matters before the Clerk, such as foreclosures and other special proceedings, must be postponed.
• Matters before Magistrates
  • Magistrates must conduct initial appearances and, subject to health precautions, should, continue to perform weddings
  • Small claims proceedings, including summary ejectments and money owed, must be postponed.
• District and Superior Court:
  • All civil and criminal district court matters, including traffic court, with the following exceptions, must be postponed.

Exceptions to the postponement:

• Proceedings that will be conducted remotely are allowed (county by county basis).
• Proceedings necessary to preserve the right to due process of law (first appearances/bond hearings, appointment of counsel for the indigent, a probation hearing, a probably cause hearing, etc)

• Proceedings for obtaining emergency relief
  • Domestic Violence Protective Orders
  • Temporary Restraining Orders
  • Juvenile Custody Orders (emergency or DSS)
  • Judicial consent to juvenile medical treatment
  • Civil Commitment Orders
  • Other emergency relief

• The senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceedings can be conducted under conditions that protect health and safety.
• Judges or other Judicial officials are not prohibited from exercising in chambers or ex parte jurisdiction conferred by law
• Courthouses shall post notice at the doors that any person who has likely been exposed to COVID-19 should not enter the courthouse and provide direction on who to inform to determine if their business can be conducted remotely.

 

Per NCCourts.gov- The NC Supreme Court and NC Court of Appeals are operating as normal at this time.  See nccourts.gov for more information.

 

Per 17 March 2020 Memo from The Dispute Resolution Commission: (See 20200317 DRC Mediation Memo)

          Mediations from 16 March 2020 through no sooner than 12 April 2020 shall be conducted remotely if all parties agree. If all parties do not agree to remote mediation, then the mediation shall be rescheduled after 12 April 2020.

Information for New Hanover & Pender Counties

Per 20 March 2020 Memo Re: Fifth Judicial District Response to COVID-19 (New Hanover and Pender): (See 20200320 Fifth District Memo )

• “Court offices in New Hanover and Pender Counties will remain open. However, unless you are required to appear in-person to conduct your business, attorneys and the public are strongly encouraged to use email and telephone to communicate with staff of the Fifth Judicial District. While filings are permitted, you are encouraged to use your discretion in delaying filings for the duration of this crisis.”
•  Magistrate
  • The primary Magistrate’s Office located at the New Hanover County Jail will be open 24 hours per day, 7 days per week and normal operations will continue.
  • The Magistrate’s Offices located at the Wilmington Police Department and Carolina Beach Police Department will be open according to staffing availability.
  • The Magistrate’s Office located in the New Hanover County Courthouse will be open when the Courthouse is open.
  • The Pender County Magistrate’s office will be open on a normal schedule.
• Civil Domestic Violence Court
  • New Hanover County
    • Hearings on applications for DVPOs and No Contact Orders will be conducted in Courtroom 300 daily in New Hanover County.
    • 10-day hearings on granted ex parte DVPOs and No Contact Orders will be scheduled daily in Courtroom 300.
  • Pender County
    • Hearings on applications for DVPOs and No Contact Orders will be conducted daily in either the Baysden Annex or Dees Drug Store Courtrooms between 9:30am and 12:30pm.
    • 10-day hearings on granted ex parte DVPOs and No Contact Orders will be scheduled on Mondays.
  • Civil District Court
    • Motions for emergency relief including ex parte relief will be considered daily in New Hanover and Pender. In Pender County these applications can be made between 9:30am and 12:30pm on any day that District Court is open in Pender County.
  • Domestic Court
    • Absolute Divorce hearings are cancelled pending further notice.
    • Emergency hearings will be scheduled with approval from the Chief District Court Judge.
  • Criminal District Court
    • Courtroom 317 will be operating daily for morning sessions at 9:30am for guilty pleas and probation violation admissions for defendants in custody.
    • Domestic violence first appearances will be heard in Courtroom 317 daily during the 9:30am session by video.
    • Courtroom 100 will be operating daily at 2:00pm for first appearances and bond hearings.
    • Felony district court will be conducted in New Hanover County Courtroom 302 at 9:30am each Thursday for guilty pleas for defendants who are in custody and admissions to probation violations for defendants in custody.
    • Criminal Court in Pender County, including Felony Court, will continue as regularly scheduled, but will only consider guilty pleas and admissions to probation violations by defendants who are in custody.
    • No orders for arrest for failure to appear, orders for arrest for failure to comply, or failure to appear will issue pending further order.
  • Juvenile Court
    • Hearings on the need for continued non-secure and secure custody will be heard in Courtroom 100 at 9:30am each Wednesday. Secure custody hearings will be scheduled at 9:30am, and non-secure custody hearings will be scheduled at 10:00am.
    • Hearings on the need for continued non-secure and secure custody in Pender County will be conducted on an as-needed basis during sessions of Pender County Court.
    • All other proceedings in Juvenile Court will be rescheduled beyond 30 days. Other emergency matters may be scheduled through the Chief District Court Judge and will be scheduled on Wednesday mornings.
  • Child Support Enforcement Court
    • Jail reviews will be heard at 9:30am each Tuesday in Courtroom 302 in New Hanover County.
    • Jail reviews will be heard at 9:30am on the regularly scheduled day for Child Support Court in Pender County.
  • Criminal Superior Court
    • No new jury trials; no jurors are to report
    • There will be no grand jury pending further notice.
  • Civil Superior Court
    • No new jury trials; no jurors are to report.
    • All Civil Superior Court matters will be rescheduled beyond 30 days.
    • Any emergency hearings or hearings that are required by rule will be scheduled through the Trial Court Administrator via email at M.Gilley@nccourts.org.

Per 13 March 2020 Memo for New Hanover and Pender Superior and District Courts: (See 20200313 5th District Memo)

• Courts remain open for the following proceedings:
• Criminal Courts: first appearances for jail defendants only, bond hearings for jail defendants only, probation hearings for jail defendants only, probably cause hearings for jail defendants only, other non-jury hearings for jail defendants only
• Civil Courts: Domestic Violence Protective Orders, Temporary Restraining Orders, Juvenile Custody Orders, Civil Commitment Orders, all small claims actions, special proceedings

Note: This is amended from Chief Justice Cheri Beasley’s 15 March 2020 Memo Matters before Magistrates:

• Magistrates must conduct initial appearances and, subject to health precautions, should, continue to perform weddings.
• Small claims proceedings, including summary ejectments and money owed, must be postponed.

Per 13 March 2020 Email from Suann Bechtel, New Hanover County Family Court Administrator and attached Letter from Child Custody Mediators: (See 20200313 Email From Suann Bechtel and 20200313 Letter from Child Custody Mediators)

Custody Mediation Orientation and Parent Education and mediation sessions for New Hanover and Pender Counties shall be conducted remotely via Zoom video conference. Please see the letter attached as “Exhibit A” for how to use the remote video conferencing system.

Per Suann Bechtel’s, New Hanover County Family Court Administrator, 16 March 2020 email:

“By now you should all know that Chief Justice Beasley ordered that most cases in District and Superior Court be postponed for at least thirty (30) days.  Family Court falls into that category with the exception of claims for emergency relief and those cases will be dealt with on a “case by case” basis.  Family Court is strongly suggesting that you delay any filings until the prohibition has been lifted as at this time we are unable to schedule any proceedings and security is limiting admittance to the Courthouse.  I would encourage all of you to take advantage of this “down” time to engage in discovery, mediation, and settlement negotiations. “

Information for Brunswick, Bladen, and Columbus County Information

Per Chief District Court Judge Scott L. Ussery’s 13 March 2020 Administrative Order: (See 20200318 13th District Adminstrative Order )

         This applies to Brunswick, Bladen, and Columbus ONLY

• The general rule is that all cases shall be continued beyond 30 days from 16 March 2020.
• Criminal Courts: For jail defendants only, first appearances, bond hearings, probation hearings, probable cause hearings, H&I felony pleas, and any other non-jury criminal matters that can be resolved by consent will be heard on the dates set out in the Administrative Order or dates set by the court.
• Civil Courts:
  • For jail defendants only, child support court will operate on its regular schedule.
  • All small claims actions are to be continued beyond 30 days.
  • All domestic sessions are suspended/cancelled and will be rescheduled by the court.
  • All civil general matters are to be continued beyond 30 days.
  • PRTF matters will be heard at the Leland facility as normal for emergency matters or matters considered an initial 10 day or 15 day hearing/review after being taking into custody. All other matters will be continued beyond 30 days.
  • Exparte requests (not DVPO) shall be presented to the Chief District Court Judge for review and scheduling.
  • Emergency custody request shall be presented to the Chief District Court Judge for review and scheduling.
  • All juvenile cases with the exception of matters involving secured custody shall be continued beyond 30 days.
  • All abuse, neglect, and dependency matters shall be continued beyond 30 days except for non-secure custody hearings and matters considered an emergency by the assigned Judge.
  • DVPOs and 50C restraining orders
    • E-filing in Brunswick County will continue as normal.
    • Bladen and Columbus clerk’s offices shall make contact with a resident Judge to determine a time that a request can be heard
    • When ex-parte relief is granted 10 day return hearings shall operate as normal beginning the week of 23 March 2020.
    • All other matters shall be continued beyond 30 days.
  • Arbitrations shall be rescheduled beyond 30 days.
  • Mandatory custody mediations shall be rescheduled beyond 30 days.

Per Chief District Court Judge Scott L. Ussery’s 13 March 2020 Administrative Order: (See 20200313 13th District Administrative Order)

          This applies to Brunswick, Bladen, and Columbus ONLY

          All District Court is cancelled for the week of March 16-20, 2020 with the exception of first appearances and probation matters for incarcerated individuals

Information for Onslow, Duplin, and Sampson County Information

Onslow County, Duplin County, and Sampson County per NCCourts.gov/closings:

District Civil and District Criminal are cancelled from Monday, 16 March 2020 through Thursday 16 April 2020