Change of Court Date! Who's responsible

North Carolina Divorce Law Divorce and Separation Answers
1

The motion for extension of time relates to the answer to the complaint, it does not affect the court date.

She may need to reset the court date if she needs to file a motion for summary judgment, I believe I explained the procedure in a previous post on this issue.

The new court date does not have to be 30 days from June 27th, it needs to be 15 days from the date that the motion for summary judgment is filed.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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2

My friend just recieved a certified letter from her husbands attorney in which he requested a motion for extension of time to respond to her complaint for an Absolute Divorce and the Attorney’s request was granted by the Deputy Clerk of Superior Court. However, her court date was set for the 27th of June.

Questions???

  1. How does she go about setting another court date or should the Defendant’s Attorney do this since they requested a motion for extension of time to respond.

  2. Or does she need to reset the new court date at the Clerk of Superior Court utilizing the Notice of Hearing and Calendar Request for Uncontested Self Help Divorce form?

  3. If she has to rest the Court Date does she count 30 days from her previous date of June 27th?

Thank you, your help is greatly appreciated!!!