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David L
David L, Attorney
Category: Business Law
Satisfied Customers: 3255
Experience:  Corporate and Business lawyer since 1997
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Hello, we recently responded to a civil complaint on our business.

Resolved Question:

Hello, we recently responded to a civil complaint on our business. However, the opposing lawyer did not file correctly and recently filed a motion to amend complaint. How long do we have to respond to this (basically, we just need to refile our original answers as they still apply)? I'd like to take as long as possible. Is it the standard 30 days? (It's in North Carolina).

Second, they did not date or sign the certificate of service. Does that play into my favor at all?
Submitted: 6 years ago.
Category: Business Law
Expert:  David L replied 6 years ago.
Hello. If an amended complaint is filed, you then have the same period of time to answer, unless specified otherwise in the order. You don't need to respond to the motion. You just need to re-file your answer once the newly amended complaint is filed.
Customer: replied 6 years ago.
Thank you. As far as my second question, does the fact that they didn't sign or date their certificate of service mean anything. In my opinion, since they didn't do that, they didn't follow the rules of service. Does that matter?
Expert:  David L replied 6 years ago.
Not really. As long as proper service was provided, the failure to sign wouldn't be a huge issue. I wouldn't raise it unless I was never served.
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