3 April 2020 Statewide Court Status Update

Per Chief Justice Beasley’s 2 April 2020 Order (See 20200402 NC Supreme Court Order)

Postponement of Proceedings

The North Carolina Supreme Court has ordered that all superior court proceedings, district court proceedings, and proceedings before the clerk of court must be scheduled/rescheduled for a date no sooner than 1 June 2020. There are limited exceptions including: proceedings that can be conducted remotely; proceedings necessary to preserve due process; proceedings for obtaining emergency relief; and proceedings determined to be able to be conducted under conditions to protect health and safety.

Entering Court Facilities

You may not enter any court facility if you have COVID-19 or have likely been exposed to COVID-19. If so, you must contact the clerk’s office via phone or other electronic means in order to receive instructions on how to complete your business. You may only enter a court facility if you have business there and should leave promptly once your business is concluded.

Remote Proceedings

Judicial officials are authorized to conduct remote proceedings with the consent of each party provided all recording and other statutory or due process rights may be followed. This does not extend to proceedings involving a jury.

Verifications

When it is required that any pleading, motion, petition, supporting affidavit, or other document of any kind to be filed in the General Court of Justice be verified, or that an oath be taken, it shall be sufficient if the subscriber affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language:
“I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true.
(Signed) ___________________”
This emergency directive does not apply to wills to be probated, conveyances ofreal estate, or any document that is not to be filed in the General Court of Justice.

Service Via Email

Rule 5 service may be effectuated via email provided the party or attorney consent in writing to service via email.

Monies Owed

“For all monies owed pursuant to a judgment or order entered by a court prior to 6 April 2020 in a criminal or infraction case with a payment due date on or after 6 April 2020 and before or on 1 May 2020, the date by which payment must be made is hereby extended 90 days.”

“The clerks of superior court also are directed not to enter or report, until after the expiration of this order, a failure to comply for a criminal or infraction case with a payment due date before 6 April 2020 where the 40th day following nonpayment falls on or after 6 April 2020 and before or on 1 May 2020.”

“If a court enters a judgment or order on or after 6 April 2020 and before or on 1 May 2020 in a criminal or infraction case, then the payment due date must be at least 90 days after the date of entry of the judgment or order.”

“Monetary obligations owed pursuant to a term of probation which is scheduled to end within 30 days after the date that this order is issued are excluded from the operation of this emergency directive.”