North Carolina Sample Letter for Plaintiff's Response in Opposition to Defendant's Motion to Extend Length of Memoranda
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FAQ
? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.
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.
In addition to moving to dismiss a claim or seeking a judgment on the pleadings, litigants may move to only strike specific material included in the other party's pleadings.
Typically, the defendant has 30 days to respond by filing an ?answer.? An answer includes the defendant's responses to the plaintiff's allegations and any defenses.
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.
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.
