(a) The senior resident superior court judge of any superior court district or set of districts as defined in G.S. 7A-41.1 may provide by rule for the calendaring of actions for trial in the superior court division of the various counties within that senior resident's district or set of districts. Calendaring of actions for trial in the district court shall be in accordance with G.S. 7A-146. Precedence shall be given to actions entitled thereto by any statute of this State.
Rule 40.Assignment of cases for trial; continuances.
Last amended 2021 · Last verified July 3, 2026
In one sentenceRule 40 leaves trial calendaring to local court rule, with district-court calendaring set by statute, and limits continuances to good cause -- while guaranteeing one for certain public-service obligations.
Full Text of Rule 40
(b) No continuance shall be granted except upon application to the court. A continuance may be granted only for good cause shown and upon such terms and conditions as justice may require. Good cause for granting a continuance shall include those instances when a party to the proceeding, a witness, or counsel of record has an obligation of service to the State of North Carolina. A continuance requested to fulfill an obligation of service by carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, the Lieutenant Governor, or the General Assembly, must be granted.
Amendment History
(1967, c. 954, s. 1; 1969, c. 895, s. 9; 1985, c. 603, s. 8; 1987 (Reg. Sess., 1988), c. 1037, s. 43; 1997-34, s. 10; 2019-243, s. 30(a); 2020-72, s. 2(a); 2021-180, s. 16.9(a).)
Plain-English Summary
Rule 40(a) lets the senior resident superior court judge of a superior court district or group of districts set rules for calendaring trials in that district's superior court division; district-court calendaring instead follows G.S. 7A-146, and any statute giving a case priority on the calendar controls.
Rule 40(b) allows a continuance only on application to the court, for good cause shown, on terms the court sets. Good cause specifically includes a party, witness, or counsel's obligation of service to the State of North Carolina, and a continuance sought to fulfill service as a member of the General Assembly, on the Rules Review Commission, or on another board, commission, or authority as a gubernatorial, lieutenant-gubernatorial, or legislative appointee must be granted.
Frequently Asked Questions
Who sets the trial calendar in North Carolina's superior courts?
The senior resident superior court judge of the relevant district or group of districts may set calendaring rules; district-court calendaring instead follows G.S. 7A-146.
What counts as good cause for a continuance?
Rule 40(b) requires good cause generally, and specifically includes a party's, witness's, or counsel's obligation of service to the State of North Carolina.
Must a court grant a continuance for legislative service?
Yes. A continuance to fulfill service as a General Assembly member, on the Rules Review Commission, or on a board or commission appointed by the Governor, Lieutenant Governor, or General Assembly must be granted.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 40). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: trial calendaringcontinuance for good causelegislator service continuancedocket assignment ruleassignment of cases for trial