• Emergencies in Western North Carolina, Including Chief Justice’s Emergency Order

    This entry was contributed by Sara DePasquale on September 30, 2024 at 10:44 am and is filed under Civil Law, Uncategorized.
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    UPDATE: On October 11, 2024, the Chief Justice of the North Carolina Supreme Court issued an additional emergency directive order under G.S. 7A-39(b)(1) extending relief for certain weather-affected counties in Western North Carolina (the “Extension Order”).  The Extension Order extends the order issued September 29, 2024 (as amended September 30, 2024) for the following 13 counties: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey. The emergency directives contained in the Extension Order become effective October 15, 2024, and expire on October 28, 2024.

    There is no way to avoid hearing and seeing the devastating news about Western North Carolina. People have died; lost their loved ones; lost their homes; and have no power, water, cell phone or internet service. Towns are destroyed. Roads and bridges are gone. Although the news has focused on the larger western counties, cities and towns in smaller counties are also severely impacted. In these smaller communities, the full extent of the devastation is unknown because of the inability to access them. Some counties and towns are completely cut off, having to rely on helicopter drops for supplies. Trying to connect with family and loved ones there is almost impossible. Words simply cannot convey the devastation and loss. If you want to try to help, Blue Ridge Public Radio posted a list of organizations and needs: https://www.bpr.org/bpr-news/2024-09-28/list-ways-to-donate-and-help-flood-victims-in-western-north-carolina-after-hurricane-helene

    Although Helene has stopped what is considered normal everyday life for almost a third of our counties, business in the state – including court business –has not stopped its daily routine. Yesterday, Chief Justice Newby issued an Order, effective September 30th, and amended September 30th, attempting to relieve some of that pressure in effected areas and address the catastrophic conditions in our western North Carolina counties. The Order extends “the time and periods of limitation for filing and of acts due to be done in the following counties:”

    • Alexander
    • Alleghany
    • Ashe*
    • Avery*
    • Buncombe
    • Burke*
    • Caldwell*
    • Catawba*
    • Cherokee*
    • Clay*
    • Cleveland*
    • Gaston
    • Graham*
    • Haywood*
    • Henderson*
    • Jackson*
    • Lincoln*
    • Macon*
    • Madison*
    • McDowell
    • Mitchell*
    • Polk*
    • Rutherford*
    • Swain*
    • Transylvania*
    • Watauga*
    • Wilkes
    • Yancey*

    Any pleadings, motions, notices, and other documents and papers that were due to be filed between September 26th and October 14th in civil and criminal actions, estates, and special proceedings are deemed timely filed if filed before the close of business on October 14, 2024. Similarly, any acts that were due to be completed in that time period are deemed to be timely done if completed before the close of business on October 14, 2024.

    In the Order, the Chief Justice recognizes the severity of the conditions in certain counties and urges judicial officials to exercise their own authority to grant additional relief and accommodations as necessary to protect courthouse personnel and the public. The emergency directives contained in the Order expire October 14, 2024, but the Chief Justice acknowledges there will need to be ongoing reassessment for each county and deadlines may be extended. The School will continue to try to update you on changes made, if any, to the Order, through our blog.

    The N.C. Administrative Office of the Courts (AOC) website shows 22 counties that have reported the courthouses closed. Some closings appear to be addressing their closure on a daily basis; some indicate this week, and Mitchell and Yancey Counties are closed through October 31, 2024. The counties with an asterisk above have reported closures. Be sure to check the AOC website for the most up to date list of court closings: https://www.nccourts.gov/closings.

    Although not impacted by the Order, a devastating tornado impacted Rocky Mount, and the Eastern Band of Cherokee Indians are in a state of emergency on the Qualla Land Boundary.

    Please send your thoughts and prayers to those affected and take action to provide support to our beloved mountain communities however you are able.

     

     

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