Tight New Timelines for Motions for Appropriate Relief

In 2012, the N.C. General Assembly enacted new case processing rules for motions for appropriate relief. See S.L. 2012-168. The new rules put the judges on a pretty tight leash in terms of ruling on these motions. Here’s a visual of how they operate: Footnotes: 1. G.S. 15A-1420(b1)(2); see also G.S. 15A-1413(d). 2. G.S. 15A-1420(b2)(1). Assignment is for an “initial review.” Id. Assignment is in the discretion of the assigning judge. G.S. 15A-1413(e). The statutory deadline for assignment is within “30 days.” G.S. 15A-1420(b2)(1). Other subsections of the new law specify “working days,” G.S. 15A-1420(b2)(2); (b2)(5), suggesting that “30 days” includes weekends and holidays. For judges who may hear and determine MARs, see G.S. 15A-1413, as amended by S.L. 2012-168. 3. G.S. 15A-1420(b2)(2). 4. Id. 5. Id. If a hearing is ordered, the court must provide notice of the date of the hearing to the parties (or the defendant if unrepresented) no less than five working days before the hearing. G.S. 15A-1420(b2)(5). 6. G.S. 15A-1420(b2)(3); (4). Other provisions of the new law specify “working days.” G.S. 15A-1420(b2)(2); (b2)(5). This section however specifies the period as “days,” suggesting that weekends and holidays are included. 7. G.S. 15A-1420(b2)(5). For an explanation of “good cause” this section refers to G.S. 15A-1420(b2)(6), which does not actually use that term; instead, that provision talks about “extraordinary circumstances.” A couple of additional notes: AGREEMENTS TO DEVIATE FROM THE STATUTORY TIMETABLE: G.S. 15A-1420(e) provides that “[n]othing in this section shall prevent the parties to the action from entering [...]