• Blog Post

    Playing by the (New) Rules in the North Carolina Business Court: Part 3

    The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules’ effective date. They are meant to supplement, rather than supplant, the Rules of Civil Procedure and General Rules of Practice, but if there is a conflict with local rules or standing orders from the county of venue, the Business Court’s Rules will govern.   Part 1 of this topic addressed the changes in Notices of Designation, filing, electronic filing technology problems, motions practice, and emergency motions. For…

  • Blog Post

    Playing By the (New) Rules in the North Carolina Business Court: Part 1

              The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action that is designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules effective date. They are meant to supplement, rather than supplant, the Rules of Civil Procedure and General Rules of Practice, but if there is a conflict with local rules or standing orders from the county of venue, the Business Court’s Rules will govern.             The purpose of the Rules is actually summarized in the Rules…

  • Blog Post

    Counterclaims: When to Designate a Case to the North Carolina Business Court

              The North Carolina Business Court (“Business Court”) is a specialized forum designed to adjudicate cases involving complex and significant issues of corporate governance and commercial law.  If a dispute involves one of the subject matters enumerated in North Carolina General Statute § 74-45.4, then the case shall be designated and assigned to the Business Court.   Cases may also qualify for discretionary assignments to the Business Court under Rule 2.1 of the General Rules of Practice for Superior and District Courts if it does not qualify for mandatory designation but involves certain other factors.               Mandatory designations are governed by…