Articles Tagged with deadlines

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Whether you are the Plaintiff filing a lawsuit or the Defendant being served with one, one of the most important things for a family law attorney in Greensboro and across the state to keep in mind are deadlines imposed by rules and statutes in North Carolina.  Rule 6 of the North Carolina Rules of Civil Procedure sets the guidelines as to how we compute time in North Carolina.

In computing any period of time in a lawsuit, the day of the act that begins the running of the time period is not included.  For example, when you are served a summons and complaint for divorce, you have thirty days to respond.  If you are served on May 1st, the thirty days would not start until May 2nd, the day following the act that started the running of the time period.

The last day of a time period is typically included. However, if it is a Saturday, Sunday, or a legal holiday when the Courthouse is closed, it is not.  So if your period of time to respond to a complaint is set to expire on July 4th, you don’t have to leave your cookout to file your answer.  The period to answer would be extended until July 5th, or the next business day when the Courthouse is open.

If you need more time to respond to a pleading or other paper that you have been served, you can request that the Court grant an extension to your deadline. This is typically accomplished by filing a Motion for Extension of Time with the Clerk of Court, and it can be done at any time before the deadline expires. This allows the deadline to be extended for thirty additional days.  These extensions are typically granted freely as long as they are timely filed with the Clerk of Court. Continue reading →

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Dana M. Horlick, Attorney, Woodruff Family Law Group

Whenever you become a party to a lawsuit, whether you are the Plaintiff or the Defendant, there are deadlines imposed by the Court, by statute, and by the Rules of Civil Procedure that are important to follow. There are deadlines whether you are in Guilford County, North Carolina or Fulton County, Georgia. Missing such a deadline could severely impact your rights.

For a real life celebrity example, let’s look at Phaedra Parks – star of Real Housewives of Atlanta – and her jailed husband, Apollo Nida. The couple were married in 2009 and separated in 2014.

On December 1st of this year, Apollo Nida filed a Complaint against Phaedra Parks, seeking a divorce, along with joint legal custody of the minor children and an equitable division of all of the personal property, assets, and marital debts.

However, back in November of this year, the parties were granted a divorce, after Nida failed to respond to Parks’ divorce petition. Parks filed for divorce in March of 2015 and subsequently was divorced in November. The judge also awarded Parks custody of the parties’ two children. Nida will have visitation rights once he completes the eight-year prison sentence he is currently serving for bank fraud and identity theft.

Now consider if this situation happened here in Guilford County. Once the parties remain separated for one year, either of the parties can file for divorce, which Parks does. Once the Plaintiff has effectuated service of the divorce complaint on the Defendant, the Defendant has 30 days to respond. The 30-day deadline is according to the North Carolina Rules of Civil Procedure. To extend this deadline, the Defendant can file a Motion for Extension of Time and receive an extension, as long as the deadline has not already passed. Now in the case of Parks and Nida, Nida never filed an Answer and never sought an extension of time.

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