Do motions expire if not scheduled to be heard?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear newwife:

Greetings.

  1. It is heard when the motion to dismiss is set or when the original motion is set. It can be heard prior to the motion, but usually we try to conserve time and set everything at the same time.

  2. Motion to dismiss means that the person filing the motion believes your action does not have merit. An answer to a motion is simply a document supplying the court with more information about the situation.

  3. The motion is valid until it is set for hearing and it is either granted or denied. Yes, it stays open. Yes, in the case of custody the entire custody action (except for maybe attorney fees, etc.) is moot once the child is no longer a minor. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Hello -

I was hoping you could answer a few legal questions for me

  1. When a motion to dismissed is filed in response to a motion, when is it heard? The same time as the original motion?

  2. What is the difference between a motion to dismiss and an answer to a motion?

  3. If one files a motion, attends mediation with no resolution, and hasn’t made any effort to calendar the hearing, how long is the motion valid? Does it stay open, able to be scheduled, indefinitely? In the case of custody, would the motion automatically be dismissed once the child is no longer considered a minor?

Thanks for your time and knowledge!