04 NCAC 10E .0104          SECURE LEAVE PERIODS FOR ATTORNEYS

(a)  Any attorney may request one or more secure leave periods each year as provided in this Rule.

(b)  During any calendar year, an attorney's secure leave periods pursuant to this Rule shall not exceed an aggregate of three weeks.

(c)  To request a secure leave period an attorney shall file a written request, by letter or motion, containing the information required by Paragraph (d) of this Rule with the Office of the Chair within the time provided in Paragraph (e). Upon such filing, the Chair shall review the request and, if the request complies with Paragraphs (d) and (e) of this Rule, issue a letter allowing the requested secure leave period.  The attorney shall not be required to appear at any trial, hearing, deposition, or other proceeding before the Commission during that secure leave period.

(d)  The request shall contain the following information:

(1)           the attorney's name, address, telephone number and state bar number;

(2)           the date(s) for which secure leave is being requested;

(3)           the dates of all other secure leave periods during the current calendar year that have previously been designated by the attorney pursuant to this Rule;

(4)           a statement that the secure leave period is not being designated for the purpose of delaying, hindering or interfering with the timely disposition of any matter in any pending action or proceeding; and

(5)           a statement that no action or proceeding in which the attorney has entered an appearance has been scheduled, tentatively set, or noticed for trial, hearing, deposition or other proceeding during the designated secure leave period.

(e)  To be allowed, the request shall be filed:

(1)           no later than 90 days before the beginning of the secure leave period; and

(2)           before any trial, hearing, deposition or other matter has been regularly scheduled, peremptorily set or noticed for a time during the designated secure leave period.

An untimely request will be denied by letter.  In the event that a party has been denied secure leave because the request was not timely filed and there are extraordinary circumstances, the attorney may file a motion requesting an exception. If the case has been scheduled for hearing before a Deputy Commissioner, the motion shall be addressed to the Deputy Commissioner.  If the matter is scheduled for hearing before the Full Commission, the motion shall be addressed to the Chair of the Panel before which the hearing will be held.  In all other cases, the motion should be directed to the Office of the Chair.

(f)  If, after a secure leave period has been allowed pursuant to this Rule, any trial, hearing, deposition, or other proceeding is scheduled or tentatively set for a time during the secure leave period, the attorney shall file with the Deputy Commissioner or chair of the Full Commission panel before which the matter was calendared or set, and serve on all parties, a copy of the letter allowing the secure leave period with a certificate of service attached.  Upon receipt, the proceeding shall be rescheduled for a time that is not within the attorney's secure leave period.

(g)  If, after a secure leave period has been allowed pursuant to this Rule, any deposition is noticed for a time during the secure leave period, the attorney may serve on the party that noticed the deposition a copy of the letter allowing the secure leave period with a certificate of service attached, and that party shall reschedule the deposition for a time that is not within the attorney's secure leave period.

 

History Note:        Authority G.S. 97-80(a);

Eff. July 1, 2014.