---
title: "David S. Cayer | KnowJudges"
canonical: "https://knowjudges.com/kyj/judge/david-s-cayer-9363"
page_type: "judge_profile"
updated: "2026-10-08"
---

# David S. Cayer

U.S. District Court for the Western District of North Carolina · Magistrate

## Profile

- Court: U.S. District Court for the Western District of North Carolina
- State: North Carolina
- Role: Magistrate
- Service status: active
- Last verified: 2026-06-30

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Biography

### Professional career

- David S. Cayer held the role of a U.S. Magistrate Judge in the U.S. District Court for the Western District of North Carolina from April 3, 2009, until June 2, 2023
- U.S. Magistrate Judge for the U.S. District Court for the Western District of North Carolina, appointed in 2009 and retired in 2023, after a career that included decades as a state court judge in North Carolina
- 6 years as a judge in the North Carolina Superior Court

### Education



### Additional information

- Magistrate, District Court, W.D. North Carolina, 2009-present
- Appointed to his federal role by the Western District of North Carolina judges

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### remote proceedings

Scope: statewide

North Carolina law permits judicial officials to conduct proceedings by audio and video transmission, subject to statutory safeguards and case-specific limits.

Evidence excerpt: Judicial officials may conduct proceedings of all types using an audio and video transmission in which the parties, the presiding official, and any other participants can see and hear each other.

[G.S. 7A-49.6. Proceedings conducted by audio and video transmission.](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7a/GS_7a-49.6.html)
Source checked: 2026-07-26

### remote testimony

Scope: statewide

For North Carolina civil jury proceedings, remote witness testimony requires a record finding of good cause.

Evidence excerpt: In a civil proceeding involving a jury, the court may allow a witness to testify by audio and video transmission only upon finding in the record that good cause exists.

[G.S. 7A-49.6. Proceedings conducted by audio and video transmission.](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7a/GS_7a-49.6.html)
Source checked: 2026-07-26

### approved videoconferencing

Scope: statewide

North Carolina audio/video proceedings must use videoconferencing applications approved by the Administrative Office of the Courts.

Evidence excerpt: All proceedings under this section shall be conducted using videoconferencing applications approved by the Administrative Office of the Courts.

[G.S. 7A-49.6. Proceedings conducted by audio and video transmission.](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7a/GS_7a-49.6.html)
Source checked: 2026-07-26

### official recording

Scope: statewide

North Carolina Judicial Branch guidance distinguishes official court reporters, digital recording technicians, and later transcription of official recordings.

Evidence excerpt: A digital recording technician attends the court proceeding as well and is trained to use special recording equipment and technology to make a recording along with detailed notes of the proceeding.

[Obtaining Court Records](https://www.nccourts.gov/help-topics/court-records/obtaining-court-records)
Source checked: 2026-07-26

### recording availability

Scope: statewide

North Carolina states that not all court proceedings are recorded and identifies when audio recordings may be requested from the clerk.

Evidence excerpt: If the clerk or digital recording technician made an audio recording of the proceeding, you may request a copy of the audio recording from the clerk's office in the county where the case is filed.

[Obtaining Court Records](https://www.nccourts.gov/help-topics/court-records/obtaining-court-records)
Source checked: 2026-07-26


## Sources

- [Official profile](https://www.courtlistener.com/person/9363/david-s-cayer/)
- [Official roster](https://www.courtlistener.com/person/9363/david-s-cayer/)
- [U.S. District Court for the Western District of North Carolina current judicial profile](https://www.courtlistener.com/person/9363/david-s-cayer/)
- [G.S. 7A-49.6. Proceedings conducted by audio and video transmission.](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7a/GS_7a-49.6.html)
- [Obtaining Court Records](https://www.nccourts.gov/help-topics/court-records/obtaining-court-records)
- [CourtListener judicial biographical directory](https://www.courtlistener.com/person/9363/david-s-cayer/)

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## Published courtroom rules

### Shared court rules

- [Federal Rules of Civil Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-651872d6e45e0d82319ecccc) — Civil actions in United States District Courts; Rule 81 exceptions apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf). Collected 2026-10-27.
- [Federal Rules of Criminal Procedure, December 1, 2025](https://knowjudges.com/courtroom-rules/national-shared-set-8721a344fececced2257fe1d) — Criminal proceedings in United States District Courts; this conservative mapping does not distribute appellate-specific provisions to appellate judges. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf). Collected 2026-10-27.
