North Carolina Sample Letter for Motion to Extend Time for Service of Process

State:
Multi-State
Control #:
US-0776LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: North Carolina Sample Letter for Motion to Extend Time for Service of Process Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to request an extension of time for the service of process in the case [Case Name] in the state of North Carolina. As you may be aware, [Case Name] is currently pending in [County Name] County, North Carolina, Civil Court. Due to unforeseen circumstances and exceptional challenges faced during the ongoing legal proceedings, we respectfully request an extension to carry out the service of process within the given timeframe. It has come to our attention that [State Reason for Requested Extension], making it difficult to complete the necessary actions for service within the original timeline. Considering the complexities of this case and the pivotal role played by the service of process, it is crucial that we are given sufficient time to accurately serve the summons and complaint to all parties involved. Our client is dedicated to ensuring that proper and just legal procedures are followed, thus we understand the importance of meeting all obligations within the prescribed deadlines. However, in this particular instance, we earnestly request an extension of [number of days requested] to allow enough time for our team to carry out the service of process effectively and conform to the court's requirements. We assure you that every effort will be made during this extension period to successfully serve the parties involved. We will work diligently to locate and serve all parties while maintaining complete transparency and adhering to the highest ethical standards. Moreover, we will bear any additional costs associated with expediting the process, including but not limited to, hiring process servers or utilizing other resources to ensure prompt resolution in compliance with the requirements of North Carolina law. We kindly request your understanding and consideration regarding this matter. We recognize the busy schedule of the court and understand the importance of timely justice. By granting this extension, we believe that all parties involved will be able to adequately prepare and participate in the proceedings without any undue hardships or delays. Enclosed with this letter, please find all relevant legal documents and supporting evidence that further reinforce the necessity of this extension, including affidavits, court orders, or any other pertinent materials. Your favorable response to this motion would be greatly appreciated. As soon as we receive confirmation of the extended deadline, we will diligently proceed with the service of process and keep the court apprised of any progress made. Thank you for your attention to this matter. If you require any further information or have any additional requests, please do not hesitate to contact me at [Your Contact Information]. Yours sincerely, [Your Name] [Your Title/Position] [Your Law Firm or Organization's Name] [Date]

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? Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be ...

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.

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.

The continued existence or expiration of a session of court in no way affects the power of a court to do any act or take any proceeding, but no issue of fact shall be submitted to a jury out of session.

? 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.

- Any party personally, or through the persons provided in Rule 4(j), may accept service of process by notation of acceptance of service together with the signature of the party accepting service and the date thereof on an original or copy of a summons, and such acceptance shall have the same force and effect as would ...

I missed my court date? What do I do? You may contact the clerk of court's office of the county in which you were charged to ask about the local procedure for having your case rescheduled. If you are represented by counsel, you also may contact your attorney.

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.

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The undersigned hereby petitions the Court for an extension of time to. in the above entitled action on the following grounds: . The undersigned states that ... If the brief or memorandum is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a ...Requests for continuances that are made after 90 days from the first calendaring before a judge shall only be granted for extraordinary cause and said requests ... ... extension of time within which to complete service of process. Return of the summons so endorsed shall be in the same manner as the original process. Such ... 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 ... Any paper after the complaint that is required to be served—must be filed no later than a reasonable time after service. But disclosures under Rule 26(a)(1) or ... Service by mail is complete at the time of mailing. ... If the motion is based on a failure to respond to a request, proof of service of the request must be filed ... Do NOT complete the Proof of Service portion of the summons form until service of process ... the consent from the other time, file the motion for extension of ... (1) The plaintiff may secure an endorsement upon the original summons for an extension of time within which to complete service of process. Return of the. If the continuance is granted because you need more time to get a lawyer, ask the court for a reasonable time. To find other Legal Aid of North Carolina ...

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North Carolina Sample Letter for Motion to Extend Time for Service of Process