According to Rule 2.1(a), "[t]he Chief Justice may designate any case or group of cases as (a) exceptional or (b) 'complex business.' A senior resident superior court judge, chief district court judge, or presiding superior court judge may ex mero motu, or on motion of any party, recommend to the Chief Justice that a case or cases be designated as exceptional or complex business."
R. 2.1(c) dictates that "such recommendation shall be communicated to the Chief Justice through the Administrative Office of the Courts."
Factors to be considered in making the designation include:
the number and diverse interests of parties;
amount and nature of anticipated discovery and pretrial motions;
whether parties voluntarily agree to waive venue for hearing pretrial motions;
complexity of evidentiary matters and legal issues;
whether such designation will promote the efficient administration of justice;
other matters deemed appropriate by the Chief Justice.
R. 2.1(d)
The comment to the rules notes that "the term 'complex business case' is purposely not defined in order to give litigants the flexibility to seek a designation as such with respect to any business issue that they believe requires special judicial expertise. It is anticipated that any case involving significant issues arising under Chapters 55, 55B, 57C, 59, 78A, 78B and 78C of the General Statutes of North Carolina would be designated a complex business case."
