If I sent a Complaint and he responded to counter complaint and a request for answers. However, he never filed with the court house until later. Does my 30 days start according to the court rules from the date he filed to the court house or the date of the letter?
I am requesting a Motion for Extension of Time 30 days. However, went to make sure I have the right information on my Motion.
You have 30 days from the date of service of the complaint or counterclaim (the day you properly receive it) to either answer the complaint, reply to the counterclaim, or file a motion for extension of time to answer.
Discovery, such as interrogatories, requests for production of documents, and requests for admissions, for example, do not have to be file stamped with the clerk of court’s office. However, you still must submit your answers/responses to the discovery, or file a motion for extension of time, within 30 days of properly receiving the discovery. When you send your completed discovery to the other party, you will not file the answers/responses but you will file a certificate of serve with the clerk of court’s office.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So the 30 days doesn’t begin until you receive the complaint. For example, if the date of the letter is 05 May and you receive it on 09 May. You have 30 days from 09 May to respond? Is that correct?
Also, I went to file an 30 extension; however, the clerk said you can file an extension on something that was never filed to the court house?
The Defendant submitted “Defendant’s Request for Admission.” How do I file a 30 day extension if it was never received to court house? Do I just file to court house MOTION FOR EXTENSION OF TIME and then state “Defendant’s Request for Admission.” example below:
MOTION FOR EXTENSION OF TIME
Now Comes the Plaintiff, ________ and hereby moves this court pursuant to Rule 6(b) of the North Carolina Rules of Civil Procedure that the time in which he shall answer Defendant’s Complaint be extended for an additional period of thirty (30) days from the date of service on the said Defendant, which was 05 May, 2017, or up to and including 05 July, 2017. This Motion is made for consideration since the Plaintiff is seeking legal counsel for DEFENDANT’S REQUEST FOR ADMISSION on unverified date of delivery.
To answer a court complaint, the complaint must have been filed and properly served on the defendant (for example, by sheriff deputy or certified mail). The date you properly are served with the complaint starts the 30 days to answer on the next day, regardless of the date of the complaint or the date it was filed.
For request for admissions, a certificate of service should have been filed with the court by the opposing party (this proves service). The actual request for admissions are not filed with the court, but you must still file a motion for extension of time before the 30 days are up so that the requests are not automatically deemed admitted.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So can I still file a 30 days extension even though the certificate of service was never filed to the court house? Also, have an probono attorney going to be looking at his case since he is disabled and very old 74 years old and I have power of attorney.
What rule can I use, since there is no proof of delivery and he is disabled and has several mental disabilities.
The Answers and other Defense were delivered at the same time the Defendants’ request admission. There is no date stamp on the Answers and other Defense or the Defendants request for Admission. There is no date stamp on the certificate of service as well.
What court rule can I use to justify a 30 days extension, since there is no way to determine what date the Plaintiff received the Defendant’s Request for Admission?
In the Defendant’s Request Admission do you still get the same time frame from the date of delivery? 30 days?
So the Plaintiff has 30 days from the date of delivery.
Can I request:
This Motion is made for consideration since the Plaintiff is seeking legal counsel for DEFENDANT’S REQUEST FOR ADMISSION on unverified date of delivery.
Should I specify in the motion the 30 days doesn’t begin until the Plaintiff has been delivered the Defendant’s Request for Admission.
Is there any other reason he can justify an extension since I just talked to law office today about representing him. His is low income and disabled.
It was improper for the opposing party to not file court documents such as an answer to the complaint and any certificates of service. There is no way for the opposing party to prove when he or she mailed the request for admissions to you. Still try to file a motion for extension of time just to make sure the court has record of what you’re doing and just in case, although the opposing party will have a difficult time arguing that request for admissions are deemed admitted with no proof of service on you. Otherwise, answer the request for admissions and when they’re ready, send the completed document to the other party but file a certificate of service with the clerk of court’s office.
A party receiving requests for admissions from the opposing party has 30 days from the date the party received them to respond to them.
Your reasoning to request an extension of time can be simply that in good faith you need more time to completely respond to the requests. You can also include that you are in the process of retaining legal counsel.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
thanks your advice was very helpful…God bless!