§ 7A-39. Cancellation of court sessions and closing court offices; extension of statutes of limitations and other emergency orders in catastrophic conditions. - North Carolina Statutes

§ 7A‑39.  Cancellationof court sessions and closing court offices; extension of statutes oflimitations and other emergency orders in catastrophic conditions.

(a)        Cancellation ofCourt Sessions, Closing Court Offices. – In response to adverse weather or otheremergency situations, including catastrophic conditions, any session of anycourt of the General Court of Justice may be cancelled, postponed, or alteredby judicial officials, and court offices may be closed by judicial branchhiring authorities, pursuant to uniform statewide guidelines prescribed by theDirector of the Administrative Office of the Courts. As used in this section,"catastrophic conditions" means any set of circumstances that makesit impossible or extremely hazardous for judicial officials, employees,parties, witnesses, or other persons with business before the courts to reach acourthouse, or that creates a significant risk of physical harm to persons in acourthouse, or that would otherwise convince a reasonable person to avoid travelingto or being in a courthouse.

(b)        Authority of ChiefJustice. – When the Chief Justice of the North Carolina Supreme Courtdetermines and declares that catastrophic conditions exist or have existed inone or more counties of the State, the Chief Justice may by order enteredpursuant to this subsection:

(1)        Extend, to a datecertain no fewer than 10 days after the effective date of the order, the timeor period of limitation within which pleadings, motions, notices, and otherdocuments and papers may be timely filed and other acts may be timely done incivil actions, criminal actions, estates, and special proceedings in eachcounty named in the order. The Chief Justice may enter an order under thissubsection during the catastrophic conditions or at any time after suchconditions have ceased to exist. The order shall be in writing and shall becomeeffective for each affected county upon the date set forth in the order, and ifno date is set forth in the order, then upon the date the order is signed by theChief Justice.

(2)        Issue any emergencydirectives that, notwithstanding any other provision of law, are necessary toensure the continuing operation of essential trial or appellate courtfunctions, including the designation or assignment of judicial officials whomay be authorized to act in the general or specific matters stated in theemergency order, and the designation of the county or counties and specificlocations within the State where such matters may be heard, conducted, orotherwise transacted. The Chief Justice may enter such emergency orders underthis subsection in response to existing or impending catastrophic conditions ortheir consequences. An emergency order under this subsection shall expire thesooner of the date stated in the order, or 30 days from issuance of the order,but the order may be extended in whole or in part by the Chief Justice foradditional 30‑day periods if the Chief Justice determines that thedirectives remain necessary.

(c)        In ChambersJurisdiction Not Affected. – Nothing in this section prohibits a judge or otherjudicial officer from exercising, during adverse weather or other emergencysituations, including catastrophic conditions, any in chambers or ex partejurisdiction conferred by law upon that judge or judicial officer, as providedby law. The effectiveness of any such exercise shall not be affected by adetermination by the Chief Justice that catastrophic conditions existed at thetime it was exercised.

(d)        Nothing in thissection shall be construed to abrogate or diminish the inherent judicial powersof the Chief Justice or the Judicial Branch.  (2000‑166, s. 1; 2006‑187, s. 6; 2009‑516,s. 11.)