Legal Question in Civil Litigation in North Carolina

I live in NC. I sent my first set of interrogatories, requests for admissions and production of documents to my opponents' attorney, and under NC statutes, a response was expected by January 19, 2011. Today I received a motion and order signed by the Clerk of Court, granting an extension until March 20, 2011.

Rule 6(b) of the NC Rules of Civil Procedure states " � the parties may enter into binding stipulations without approval of the court enlarging the time, not to exceed in the aggregate 30 days � "

I want to make a motion to the court to "vacate" the Clerk's order.

My question is: What term or terminology should I use in the motion? (e.g. Motion to Vacate the Order for Extension of Time, Motion to Rescind � , Motion in Opposition of the Order � )

Thanks in advance for help.


Asked on 1/15/11, 8:08 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

From a practical standpoint, I probably wouldn't bother - you may not even have the motion heard until after the deadline. Also you are quoting the wrong part of the rule - what that says is that the parties may not agree to extend time more than 30 days without approval of the court which is pretty silly for the most part because if the parties agree, the court is not likely to do anything anyway.

The part of the rule that is applicable to you is:

When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order.

- Jeff

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Answered on 1/21/11, 5:12 am


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