I received a copy of a Notice of Hearing for Summary Judgment Divorce last week, it was dated as serviced on Jan 7. it was a Wake-DOM-23 form. It was not time stamped as Filed.
This afternoon (Jan 14) I went to the Clerk of Court’s office to look and see when the hearing had been filed. As it turns out it is not even filed yet, a week after the date of Certificate of Service and 4 days before the hearing is scheduled for, this Friday the 18th.
Does that mean my hearing may not happen after all, or does his attorney have additional time to get the Notice of Hearing into the files?
Notice for the hearing for a motion for summary judgment must be served 10 days before the hearing. The rules also say that you have to add 3 days for notice. This is not the same date as the date filed, and there is no rule that requires a party be served with a file-stamped copy. The opposing party may have realized that the 7th would have only afforded 11 days and then not followed through with the scheduling or perhaps something has happened at the court and the notice has been misfiled. I would not assume that just because you couldn’t find the notice in the file that the hearing is not going forward. You should check with the clerk in courtroom 9B to determine if it is on the hearing calendar.
Eleventh hour and all… I called the Clerk just now and they have no record of the case hearing notice being file stamped nor scheduled, and it doesn’t meet the criteria for 10 days service +3 for notice in any case.
Most baffling, and another good reason to object is also because according to Rules, all served Motions and notices of hearings are to be filed with the court within 5 days of being served.