Legal Question in Credit and Debt Law in North Carolina
how to respond to a motion
Asked on 7/08/24, 4:27 am
1 Answer from Attorneys
Lynn Coleman
Attorney-Mediator
The answer depends upon what kind of motion and what court the case is pending in. There are deadlines by which responses to Motions must be filed - you need to review the Rules of Civil Procedure and the local rules for the court the case is filed in (as well as any scheduling orders) to find out the deadline applicable to your case. Generally you file a written response stating your position. Some Motions (like a Motion For Summary Judgment) require an Affidavit be filed in response which creates a contested issue of fact. If no Affidavit is filed the Motion For Summary Judgment will likely be granted. I'm sorry, but it is impossible in a free online forum to specifically answer a vague question.
Answered on 7/08/24, 9:27 am