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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118788
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Family Court Deadlines. What are the common deadlines to

Customer Question

Family Court Deadlines. What are the common deadlines to respond that you don't want to miss? Which deadlines are 30 days? Which deadlines are less than 30 days? Which deadlines are more than 30 days?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In NC, which I am presuming where you are, as your previous questions stated NC as your state, unless the court sets different times in their case management order, Rule 6 of the NC rules of civil procedure cover times for motions and answers to motions and says in pertinent part:

For motions, affidavits. - A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing,unless a different period is fixed by these rules or by order of the court.Such an order may for cause shown be made on ex parte application. When amotion is supported by affidavit, the affidavit shall be served with themotion; and except as otherwise provided in Rule 59(c), opposing affidavitsshall be served at least two days before the hearing. If the opposing affidavitis not served on the other parties at least two days before the hearing on themotion, the court may continue the matter for a reasonable period to allow theresponding party to prepare a response, proceed with the matter withoutconsidering the untimely served affidavit, or take such other action as theends of justice require. For the purpose of this two-day requirement only,service shall mean personal delivery, facsimile transmission, or other meanssuch that the party actually receives the affidavit within the required time.

(e) Additional time after service by mail. - Whenevera party has the right to do some act or take some proceedings within aprescribed period after the service of a notice or other paper upon him and thenotice or paper is served upon him by mail, three days shall be added to theprescribed period.

(f) Additional time for Address ConfidentialityProgram participants. - Whenever a person participating in the AddressConfidentiality Program established by Chapter 15C of the General Statutes has alegal right to act within a prescribed period of 10 days or less after theservice of a notice or other paper upon the program participant, and the noticeor paper is served upon the program participant by mail, five days shall beadded to the prescribed period.

For discovery, interrogatories, request for production or request for admission you have 30 days to respond, unless extended by the court or agreement in writing between the parties. See: NC Rules of Civil Procedure Rules 26-36 (http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_1a.html).