Dear [Recipient's Name], We, the undersigned parties, hereby jointly motion for the entry of a second amended scheduling order in the case of [Case Name and Number] pending in the [Court Name], North Carolina. This joint motion is made with the objective of ensuring a fair and efficient resolution of the matter at hand. As the nature of litigation is often subject to unforeseen circumstances and evolving complexities, the need to amend the original scheduling order has become necessary. The proposed second amended scheduling order aims to address these changes while upholding the principles of fairness and due process. Keywords: North Carolina, joint motion, second amended scheduling order, fair resolution, efficient resolution, unforeseen circumstances, evolving complexities, original scheduling order, proposed second amended scheduling order, fairness, due process. Types of North Carolina Sample Letters for Joint Motion of Entry of Second Amended Scheduling Order: 1. Civil Case: This type of sample letter is utilized in civil cases where multiple parties involved in litigation request the entry of a second amended scheduling order in a North Carolina court. This could pertain to various civil matters such as contractual disputes, personal injury claims, or property disputes. 2. Family Law Case: In cases related to family law matters such as divorce, child custody, or spousal support, parties may file a joint motion for the entry of a second amended scheduling order in North Carolina. This allows them to address any changes in circumstances or evolving issues that require an adjustment to the original schedule. 3. Criminal Case: Even in criminal cases, joint motions for the entry of a second amended scheduling order can be filed to accommodate evolving circumstances that may impact the timeline of legal proceedings. This could be related to the availability of witnesses, new evidence, or changes in legal strategies. 4. Business Dispute: When businesses engage in legal disputes over contracts, intellectual property rights, or commercial transactions, a joint motion for the entry of a second amended scheduling order may be necessary to adapt to changing circumstances during litigation. This ensures that both parties have adequate time to prepare and present their case. We believe that the proposed second amended scheduling order will enable the court to effectively manage the case while accommodating the parties' needs. We kindly request the court's approval of this joint motion, allowing us to proceed with the amended schedule and promoting an equitable resolution. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Role] [Your Organization/Party]
North Carolina Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order
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Rule 7. Pleadings allowed; motions. If the answer alleges contributory negligence, a party may serve a reply alleging last clear chance. No other pleading shall be allowed except that the court may order a reply to an answer or a third-party answer.
Rule 1. Scope of rules. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature except when a differing procedure is prescribed by statute.
Rule 2.1 - Designation of Exceptional Civil Cases and Complex Business Cases (a) The 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 ...
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
Rule 26 - Secure-Leave Periods for Attorneys (a)Definition; Entitlement. A "secure-leave period" is one complete calendar week that is designated by an attorney during which the superior courts and the district courts may not hold a proceeding in any case in which that attorney is an attorney of record.
Rule 24 of the General Rules of Practice for the Superior and District Court requires a pretrial conference in every case in which the defendant stands charged with a crime punishable by death. This means all first-degree murder cases and all murder cases where the degree of murder is not specified.
Rulings on any request for continuance made on the day of court for the session in which the case is calendared shall be the responsibility of the presiding trial judge of that court, subject to the delegations of authority specifically authorized in these rules.
