In response to the devastation caused by Hurricane Helene, the Chief Justice of the North Carolina Supreme Court entered an emergency order applicable to certain impacted counties on September 29, 2024, as amended September 30 (the “Original Order”). The Original Order extended “the time and periods of limitation for filing and of acts due to be done” in the following 28 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, and Yancey.
Under the Original Order, 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 they were 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 they were completed before the close of business on October 14, 2024. You can read more about the Original Order in a blog post available from my colleague, Sara DePasquale.
On Friday, October 11, 2024, the Chief Justice issued an additional emergency order extending relief for certain counties (the “Extension Order”), effective October 15, 2024. The Extension Order extends “the time and periods of limitation for filing and of acts due to be done” to the close of business on October 28, 2024. The Extension Order applies to 13 of the original 28 counties, including: Avery, Buncombe, Haywood, Henderson, Jackson, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania, Watauga, and Yancey. The chart below reflects a summary of the expiration dates applicable to the covered counties under the Chief Justice’s Original Order and Extension Order.
As of today, six county courthouses are reporting closures of some type. An updated list of counties along with the types of closures in each county is available through the North Carolina Administrative Office of the Courts website.
Our thoughts continue to be with those affected in Western North Carolina.
Expiration Date of Chief Justice’s Emergency Order for Covered Counties
| County | Chief Justice’s Emergency Order Expiration Date |
| Alexander | 10/14/24 |
| Alleghany | 10/14/24 |
| Ashe | 10/14/24 |
| Avery | 10/28/24 |
| Buncombe | 10/28/24 |
| Burke | 10/14/24 |
| Caldwell | 10/14/24 |
| Catawba | 10/14/24 |
| Cherokee | 10/14/24 |
| Clay | 10/14/24 |
| Cleveland | 10/14/24 |
| Gaston | 10/14/24 |
| Graham | 10/14/24 |
| Haywood | 10/28/24 |
| Henderson | 10/28/24 |
| Jackson | 10/28/24 |
| Lincoln | 10/14/24 |
| Macon | 10/14/24 |
| Madison | 10/28/24 |
| McDowell | 10/28/24 |
| Mitchell | 10/28/24 |
| Polk | 10/28/24 |
| Rutherford | 10/28/24 |
| Swain | 10/14/24 |
| Transylvania | 10/28/24 |
| Watauga | 10/28/24 |
| Wilkes | 10/14/24 |
| Yancey | 10/28/24 |