Conventions and practices regarding Rule 2.1 designation may vary by county.
If your case does not fall within that section, or if you have failed to seek timely designation under that section, you may request to have your case considered for designation under Rule 2.1 by a request made to the Senior Resident Superior Court Judge in the county of venue. Section 7A-45.4 outlines the procedure for requesting designation for cases governed by that section. § 7A-45.4(b) (often referred to as “mandatory-mandatory” complex business cases). The Chief Justice has implemented a procedure that, absent exceptional circumstances, the Business Court judges are only assigned those cases qualifying for complex business case designation pursuant to N.C. Cases meeting the requirements for designation as "complex business cases" under Rule 2.1 may be assigned to a Business Court judge by the Chief Justice. Q4: What if a case meets the substantive requirements for mandatory complex business designation but a party fails to designate within the requisite period of time?A4: Under Rule 2.1 of the General Rules of Practice for the Superior and District Courts, the Chief Justice of the Supreme Court of North Carolina has discretion to designate any case as an “exceptional” or “complex business” case. § 7A-45.4(e), the Chief Judge’s decision regarding an opposition to designation may be appealed in accordance with N.C. If the case is no longer designated as a mandatory complex business case, the action will proceed on the regular civil superior court docket in the county of venue. The Chief Judge may also determine ex mero motu that an action should not be designated as a mandatory complex business case. The Chief Business Court Judge will rule on all oppositions to designation. § 7A-45.4(e) and Business Court Rule 2.2 address the timing and procedure for filing an opposition to designation. Q3: How do I get a case that has been designated to the Business Court back to regular civil superior court?A3: N.C. Other considerations include the current caseload of each judge, conflicts of interest, and any related cases in the Court. Although geography may play a part in this decision, it is not the only factor. Q2: Which judge will be assigned to preside over my case?A2: After a case has been designated to the Business Court by the Chief Justice of the Supreme Court of North Carolina, the Chief Business Court Judge will assign the case to a Business Court judge. Questions regarding notices of designation and assignment of cases should be directed to the Senior Court Coordinator, Thomas W. § 7A-45.4 and Rule 2 of the Business Court Rules. For more information regarding designation, see N.C. Q1: How does a case get assigned to the Business Court?Ī1: For a brief overview of the designation procedure, click here.