03/16/2020
The Honorable Burford A. Cherry, Chief District Court Judge for Burke, Caldwell, and Catawba Counties issued the following order today regarding court schedules:
Civil Domestic Violence Court
• Will be in operation on the assigned day on the schedule in the respective county for the purpose of hearing ex parte Domestic Violence Protective Order (DVPO) requests and ten-day return hearings pursuant to G.S. 50B.
• A judge will be assigned in each county from 10:00 am to 12:30 pm and 1:30 pm to 3:00 pm for the purpose of hearing requests for emergency relief pursuant to G.S. 50C and to hear emergency and time sensitive ex parte matters including, but not limited to: Motions for DVPO, TRO, Motions to Stay Eviction, and requests for temporary No Contact Orders pursuant to the Workplace Violence Prevention Act.
• DVPOs with no Ex Parte Order, Motions to Show Cause, Motions to Modify or Set Aside, and Motions for Return of Weapons may be continued after April 17, 2020.
• Contact the Clerk of Superior Court in the county where the case is filed. Parties may also find the new court date on www.nccourts.gov.
Civil District Court
• No Jurys will be available for civil trials for any term of District Court until after April 17, 2020.
• Civil non-domestic terms, including motions and magistrate appeals will be rescheduled after April 17, 2020.
• All District Court Arbitrations will be rescheduled after April 17, 2020.
• Only divorces that have a motion for summary judgments will be heard on the assigned day on the schedule in the respective county. All other divorces will be rescheduled after April 17, 2020. Contact the Clerk of Court in the county where the case is filed. Parties may also find the new court date on www.nccourts.gov.
Child Support Enforcement Court
• Child Support Enforcement Cases will be in operation on the assigned day on the schedule in the respective county to handle assignment of counsel in new cases and for those where the defendant is in custody.
Domestic Court / Family Court
• All domestic courts will be closed, and cases will be rescheduled after April 17, 2020.
• Contact the appropriate Family Court Case Coordinator in the respective County for new family court, domestic court dates after April 17, 2020.
Criminal District Court
• Will be in operation on the assigned day on the schedule in the respective county for the disposition of first appearances or bond hearings, the appointment of counsel for indigent defendants, probable cause hearings, and any other inmate custody matters, or any other due process issues required by law. If the defendant is in custody due to a probation violation, that matter will be heard, but the defendant will need to be brought to court. If the defendant is close to being held past his/her potential maximum sentence date then that matter should be heard, but the defendant will have to be brought to court. Video First Appearances will be held for any defendant in custody.
• First Appearance Court in Catawba County will be heard on the assigned day. Video First Appearances will be held for any defendant in custody.
• Traffic Court will be in operation on the assigned day on the schedule in the respective county only for matters involving an attorney who has a waiver signed by his/her client. The public should not attend these sessions of court. Cases involving any defendant who isn’t represented by an attorney will be rescheduled after April 17, 2020.
• All other cases with defendants not in custody will be continued.
Juvenile Abuse, Neglect & Dependency Court
• Will be in operation on the assigned day on the schedule in the respective county for the purpose of holding first appearances, Hearings for Motions for Non-Secure Custody Reviews, and any other emergency matters required by law. All other juvenile abuse, neglect and dependency matters will be rescheduled after April 17, 2020.
Juvenile Delinquency & Undisciplined Court
• Will be in operation on the assigned day on the schedule in the respective county for the purpose of holding first appearances, Hearings for Secured Custody Reviews, cases with juveniles in secured custody, and any other emergency matters required by law. All other juvenile delinquency and undisciplined matters will be rescheduled after April 17, 2020.
Drug Treatment Court
• Will be in operation on the assigned day on the schedule in the respective county as scheduled as long as the presiding Judge determines that the proceedings can be conducted under conditions that protect the health and safety of all participants.
Small Claims Court (Magistrates’ Court)
• All Small Claims Court (Magistrates’ Court) will be closed and cases will be rescheduled after April 17, 2020.
Parties should contact either their attorney or the Clerk of Superior Court in the county where the case is filed for the next court date. Parties may also find the new court date on www.nccourts.gov.
Each presiding Judge shall have the authority to conduct proceedings in addition to those herein described, provided that express consent is given by all parties, their attorneys, and any witnesses involved. All of those parties, attorneys, and witnesses shall confirm on the record that the COVID-19 warning attached hereto.
The use of Video or Tele-conferencing shall be pursuant to the terms of the AOC Memo dated 3/13/2020 and is hereby attached. Additional accommodations shall be liberally granted to parties, witnesses, attorneys, and others with business who are at a high risk of severe illness from COVID-19.
The Court encourages each County Maintenance Department to provide to those working in the courthouse additional cleaning and sanitation resources, including, but not limited to, hand sanitizer and/or Clorox wipes for use at the front door, and the Court encourages the janitorial staff working at the courthouse to provide extra cleaning and sanitation services in high traffic and high touch areas throughout the courthouse.
