(a) Court in Continuous Session.
This court shall be in continuous session in all divisions of the district on all
business days throughout the year. All matters not reached at the regular
sessions of court are deemed to be in an open status and subject to being
called for disposition before the next regular session of court upon
reasonable notice to the interested parties.
(b) Assignment of Cases to a Division.
The clerk shall assign all criminal indictments to a division when an
indictment is filed or transferred. If the indictment alleges the crime
occurred within the district, the clerk shall assign the action to the division
in which the crime is alleged to have occurred. In cases where it is not
alleged that the crime occurred in the district or in cases in which it is unclear
in which division the alleged crime occurred, the clerk shall assign the
indictment to the division in which the first named defendant who resides
May 2023 Return to Table of Contents
Local Criminal Rules – U.S. District Court for the Eastern District of North Carolina Page 39
within this district resides. In all other instances, an indictment shall be
assigned to a division in the discretion of the clerk.
(c) Orders and Judgments.
The clerk or deputy clerk is authorized to enter the orders and judgments
listed below without further direction of the court. However, such action
may be suspended, altered, or rescinded by the court for cause shown.
(1) Consent orders for substitution of attorneys.
(2) Orders extending for a reasonable amount of time the period within
which an act must be performed under the local rules of this court.
(3) Orders canceling liability on bonds.
(4) Orders changing the time of opening and adjourning court in the
absence of the judge.
(5) Certification of law students and supervising attorneys pursuant to
Local Civil Rule 83.2.
(6) Any other motion, rule or order which may be granted of course or
without notice.
