The North Carolina Business Court Updates Its Filer Quick Reference Guide

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On December 15, 2020, the North Carolina Business Court updated its Quick-Reference Guide for the North Carolina Business Court’s Electronic Filing System, a hyper-linked reference guide accessible from the Business Court’s website.

Of significance, the Court updated Sections 2.3 and 4.1.  Section 2.3.3 reflects file size limits, reminding filers that the file size limit for an individual document is 110 MB, but also notes that there is no file size limit for the number of filings that may be placed in the filing queue.  This is of particular importance for filers attempting to submit documents in excess of 110 MB, such as trial transcripts, deposition transcripts, or a record on appeal.  In a situation where a document is larger than 110 MB, the filer will have to split the document into several smaller documents (with appropriate labels).  However, because there is no limit on the number of filings that may be placed in the queue, the filer can submit all of these smaller, separate documents together in a single submission.

It is also worth noting that Section 2.3.4 makes an important clarification between “parent” documents and attachments.  When a filer is attempting to submit a document with accompanying attachments (such as exhibits to a motion or pleading), Section 2.3.4 sets forth the procedure for appropriately attaching these “sub” documents to the “parent” document.  When done correctly, a parent filing will have its own electronic filing number (ECF No.) and a “sub” document or attachment will have a subset of the parent’s ECF No.  For example, the first attachment to a “parent” document with ECF No. 25 will be assigned ECF No. 25.1.  The Filer Quick Reference Guide provides step-by-step instructions for how to correctly file such documents.

Section 4.1 further explains the Court’s preferences for e-filing, including the acceptable filing formats (.pdf for general filings and attachments; .rtf and.docx for proposed orders).  Section 4.1.2 also notes that filers need to pay particular attention to the drop-down fields when submitting documents.  Where appropriate, a filer will be able to label documents by type and title.  The Filer Quick Reference Guide reflects the Court’s preference that submissions have detailed title descriptions.

The Filer Quick Reference Guide is an invaluable tool for litigants and attorneys appearing before the Business Court and provides most answers to common e-filing questions.  It is important to take advantage of these readily-available tools, but to also take heed of any specific Court orders, such as case management orders, that differ from the defaults reflected in the Filer Quick Reference Guide.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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