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North Carolina Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion

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This form is a generic motion requesting additional time to respond to a motion for summary judgment.

A North Carolina Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is a legal document filed by a party in a court case who requires more time to prepare and present their response to a Motion for Summary Judgment. This type of motion acknowledges the opposing party's motion and provides notice of the intent to request an extension of time to respond. The purpose of filing a Motion Requesting Additional Time to Respond to Motion for Summary Judgment is to ensure all parties involved in a case have a fair opportunity to present their arguments and evidence before the court makes a final decision. The moving party may need more time due to various reasons, such as the complexity of the case, the need for additional research, gathering evidence, or consulting with experts. This motion contains essential keywords related to the legal process, such as "Motion Requesting Additional Time," "Summary Judgment," and "Notice of Motion." Other relevant keywords may include "court," "legal document," "extension," and "response." When naming different types of North Carolina Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion, specific circumstances or factors that warrant an extension can be mentioned. Some possible types or variations of this motion may include: 1. Emergency Motion Requesting Additional Time to Respond: This type of motion is filed when unexpected circumstances or emergencies arise, making it impossible for a party to respond within the given timeframe. Examples could include personal emergencies, health issues, or natural disasters affecting the ability to prepare an adequate response promptly. 2. Motion Requesting Additional Time due to Complex Legal Issues: This motion is used when a case involves intricate legal questions or novel arguments that require extensive research, analysis, and consultation with legal counsel or experts. It asserts that the complexity of the legal issues warrants an extension to adequately address the Motion for Summary Judgment. 3. Motion Requesting Additional Time due to Discovery Delays: If the moving party has experienced delays in the discovery process, such as late production of documents or resistance from the opposing party, they may file this motion to request additional time to review and incorporate the obtained information into their response to the Motion for Summary Judgment. 4. Motion Requesting Additional Time for Gathering Evidence: When a party needs more time to collect and present evidence that is crucial to their response, they may file this motion. Reasons for requiring additional evidence-gathering time could be locating witnesses, conducting interviews, or obtaining expert reports or opinions. 5. Joint Motion Requesting Additional Time: Occasionally, both parties in a case may agree that an extension of time is necessary for the fair and just resolution of a Motion for Summary Judgment. In such instances, a joint motion can be filed, demonstrating mutual consent to extend the response period. In conclusion, a North Carolina Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is a legal document that seeks an extension of time to respond to a Motion for Summary Judgment. It allows the moving party to present legitimate reasons why an extension is necessary, ensuring a fair and thorough litigation process.

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How to fill out North Carolina Motion Requesting Additional Time To Respond To Motion For Summary Judgment With Notice Of Motion?

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The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

(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.

A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.

(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.

Download. As amended through August 3, 2023. Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

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- The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party may serve opposing affidavits at least two days before ... (a) Service of orders, subsequent pleadings, discovery papers, written motions, written notices, and other similar papers - When required. - Every order ...2.1 Time for filing an answer, responsive pleading, or other motions, shall not be enlarged by the Clerk of Court or other judicial official except upon written ... 7.8 OBJECTIONS TO MOTION FOR CONTINUANCE: Opposing counsel and/or unrepresented parties shall have a period of three (3) working days following completion of. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the ... Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another ... Pre-Trial Motions: Rule 12(b)(6) and Summary Judgment. A. Rule 12(b)(6) Motions to Dismiss. 1. Challenge the sufficiency of the complaint on its face. Movant ... Feb 1, 2019 — Any party who intends to file a motion for summary judgment, or any other dispositive motion, must file and serve notice of intention to ... ... the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and. The Defendant must submit an affidavit (a written statement sworn to before a notary public) requesting the extension. Make sure you put the name of the case ...

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North Carolina Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion