Frank decided to file another motion to continue on only my motions, but of course want to move forward with his.
This is what the cover sheet looks like when you correctly file with it, but unfortunately the motion was procedurally flawed, lacked good cause under Rule 6(b), and failed to explain the delay.
It misstated the date the case was filed, misrepresenting how long the litigation had actually been pending. As a result, it ignored that this was already an aged case, requiring expedited handling under Wake County Rule 4.2.. Granting this continuance would only reward a pattern of misrepresentation and delay tactics and further prejudice my ability to move the case forward before trial.
North Carolina Rules of Professional Conduct Rule 3.3 Candor to the Tribunal
a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
G.S. 1A-1, Rule 7. Pleadings allowed; motions.
(b)(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
Wake County Local Rule 4.2. Cases Set by the Court for Trial.
As part of the case management responsibilities of the Trial Court Administrator, the Trial Court Administrator shall calendar cases for trial on the trial calendar for the timely resolution of these cases. For cases set by the Court for trial, the Clerk of Court, in conjunction with the Trial Court Administrator, shall file and serve a Notice of Hearing on all parties in accordance with Rule 2.5 above.
accordance with Rule 2.5 above.
a) Small Claims Appeal. Following the timely filing of a Notice of Appeal to District Court, the Trial Court Administrator shall calendar the case for trial District Court, the Trial Court Administrator shall calendar the case for trial on the next available court setting.
b) Request for Trial de Novo. If following mandatory, court-ordered arbitration (see Rule 14.0 below), either party timely files a request for trial arbitration (see Rule 14.0 below), either party timely files a request for trial de novo, the Trial Court Administrator shall calendar the case for trial on the next available court setting.
c) Aged Cases. The Trial Court Administrator shall regularly review the status of general civil cases pending in District Court. If more than one hundred of general civil cases pending in District Court. If more than one hundred eighty (180) days have elapsed since the filing of the Complaint and the case is not currently on a calendar for trial of all pending claims, the Trial Court Administrator may schedule all pending claims for trial on the next available court calendar. available court calendar.