While most people were busy enjoying the holidays, I was busy trying to protect my case. The trial was scheduled quickly, which it’s supposed to be for a trial de novo. This just means starting with a clean slate — and past judgments and actions in the lower court aren’t supposed to interfere with your case. I knew her attorney would try to get this case dismissed through some underhanded action, so I was trying to prevent it.
I had to file a motion to continue the trial date because it was scheduled during a time I was going to be out of town for work, and I had already booked my travel. This is a legitimate cause for continuance. Opposing counsel later tried to exploit this by scheduling a substitution of counsel during the same window I was unavailable.
At the same time, I also filed a Motion for Exceptional Case Status. This motion asked the court to assign a single judge to oversee the case moving forward, given the complexity of the claims — breach of contract, unfair and deceptive trade practices, and defamation — and the volume of evidence, including housing code violations, city reports, and financial damages. I wanted to make sure the case was handled consistently and fairly, especially considering the bias and procedural issues I’d already encountered. It was also important because the case involved matters of public interest and could set precedent for tenant rights in North Carolina. The Chief District Court Judge is the only that can rule on this motion and she has to recommend it to the Chief Justice who determines assignment.
N.C. Gen. R. Prac. 2.1 Designation of Exceptional Civil
(a) The Chief Justice may designate any case or group of cases as (a) “exceptional” or (b) “complex business.” A senior resident superior court judge, chief district court judge, or presiding superior court judge may ex mero motu, or on motion of any party, recommend to the Chief Justice that a case or cases be designated as exceptional or complex business.