Tort Claims Rules of the
N.C. Industrial Commission

Revisions Effective 1 January 2011


ARTICLE II. CLAIMS PROCEDURES

Rule T205
Motions

  1. All motions in cases which are currently calendared before a Commissioner or Deputy Commissioner shall be sent directly to that Commissioner or Deputy Commissioner. Before a case is calendared, or after a case has been continued, or removed, or after a case has been heard and a Decision and Order entered, motions shall be directed to the Executive Secretary of the Industrial Commission or the person designated by the Chair to determine these matters, if known.
     

  2. A motion shall state with particularity the grounds on which it is based, the relief sought, and a brief statement of the opposing party’s position, if known. The party making the motion shall make a reasonable and diligent effort to ascertain the position of the opposing party and if unable to do so, should specify the reasonable efforts made. A proposed Order shall be submitted with all motions. Service shall be made on all other parties.

The above provisions shall not apply to inmate torts, except that service shall be made on all other parties.

  1. Motions to continue or remove a case from the hearing docket must be made well in advance of the scheduled hearing and shall be made in writing. In all cases, the moving party must state that the other parties have been advised of the motion and relate the position of the other parties regarding the motion. Oral motions may be permitted in emergency situations for good cause shown.
     

  2. The responding party to a motion, with the exception of motions to continue or remove a case from a hearing docket, shall have ten days after a motion is served upon him during which to file and serve copies of a response in opposition to the motion. The Industrial Commission may shorten or extend the time for responding to any motion.
     

  3. Notwithstanding the provisions of (4) above, the Industrial Commission may act upon a motion at any time, despite the absence of notice to all parties, and without awaiting a response. A party who has not received actual notice of such a motion prior to the entry of a ruling by the Industrial Commission or who has not filed a response at the time such ruling is entered and who is adversely affected by the ruling may request reconsideration, vacation, or modification of the ruling. Motions will be determined without argument, unless the Industrial Commission orders otherwise.
     

  4. In a case in which a Motion to Amend Pleadings has been filed and not previously ruled upon, the Commissioner or Deputy Commissioner may permit amendment of pleadings at the time of the hearing and then proceed to a determination of the case based on the evidence presented at the hearing without requiring additional pleadings.
     

  5. Motions to dismiss or for summary judgment for the defendant on the ground that plaintiff has failed to specifically name the individual officer, agent, employee or involuntary servant whose alleged negligence gave rise to the claim, or failure to properly name the department or agency of the State with whom such person was employed, shall be ruled upon following discovery.
     

  6. In appropriate cases, motions may be set for hearing before a Commissioner or Deputy Commissioner upon request of either party or upon the Commission’s own motion.


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N.C. Industrial Commission 4340 Mail Service Center Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov/