Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.
North Carolina Simple Motion Requesting Additional Time to Respond to a Civil Complaint
State:
Multi-State
Control #:
US-00832BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Simple Motion Requesting Additional Time To Respond To A Civil Complaint?
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FAQ
Rule 3. (a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.
A civil action is commenced by (1) mailing to the clerk of the proper court by certified or registered mail a complaint and an entry fee prescribed by law, (2) filing such complaint and an entry fee with such clerk, or (3) submitting the complaint to the court through the court's electronic filing system accompanied by ...
(b) Service - How made. - A pleading setting forth a counterclaim or cross claim shall be filed with the court and a copy thereof shall be served on the party against whom it is asserted or on the party's attorney of record as provided by this subsection.
Rule 4. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.
? When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court shall order them to be brought in as defendants as provided in these rules, if jurisdiction of them can be obtained.
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes (a) In General. A party may serve on any other party a request within the scope of Rule 26(b): ... (b) Procedure. (1) Contents of the Request. ... (c) Nonparties.
The rule of civil procedure that stands alone under G.S. 28A-2-6 is Rule 17. G.S. 28A-2-6(e). Broadly, Rule 17 prescribes when a guardian ad litem must be appointed to act on behalf of an incompetent person, a minor child, and unborn and unascertained persons in certain proceedings. G.S. 1A-1, Rule 17.
An extension of time to file a written Answer essentially provides an extra 30 days to file a written Answer at the courthouse. Although not guaranteed or automatic, filing an extension of time is common practice and is routinely granted in North Carolina.
