Rule 5 – Filing of Pleadings and Other Documents

May 14, 2021 | Civil Procedure, North Carolina, Superior and District Courts

(a)Electronic Filing. Electronic filing is available only in (i) cases that are either designated “complex business” or assigned to a Business Court judge under Rule 2.1 of these rules and (ii) cases subject to the North Carolina eFiling Pilot Project. The procedure for filing documents electronically in those cases is governed by the North Carolina Business Court Rules and by the Supplemental Rules of Practice and Procedure for the North Carolina eFiling Pilot Project, respectively. In all other cases, only paper filing is available.
(b)Paper Filing. Documents filed with the court in paper should be unfolded and firmly bound with no manuscript cover. They must be letter size (8 ½x 11″), except for wills and exhibits. The clerk of superior court may require a party to refile a document that does not conform to these requirements.

In civil actions, special proceedings, and estates, documents filed with the court in paper must include a cover sheet that summarizes the critical elements of the document in a format that the Administrative Office of the Courts prescribes. The clerk of superior court may not reject the filing of a document that does not include a cover sheet. Instead, the clerk must file the document, notify the party of the omission, and grant the party no more than five days to file the cover sheet. Other than dismissing the case, the court should not act on the document before the cover sheet is filed.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 5

276 N.C.735; 304 N.C.743; 344 N.C.743; 346 N.C. 805; Order Dated 23 September 2020.

Editor’s Note.

Amended August 26, 2020; amended September 23, 2020 October 1, 2020; amended October 6, 2020.

Comment

The North Carolina Judicial Branch will implement a statewide electronic-filing and case-management system beginning in 2021. The system will be made available across the state in phases over a five-year period.

Subsection (a) of Rule 5 of the General Rules of Practice lists those contexts in which electronic filing already exists and serves as a placeholder until the new electronic-filing and case-management system is available. As the new system is implemented, litigants should expect the General Rules of Practice, the North Carolina Business Court Rules, and the Supplemental Rules of Practice and Procedure for the North Carolina eFiling Pilot Project to undergo change.