Legal Definition of "Pending"


#1

I’m trying to register my NC Custody Order in our current state. I have to complete an Affadavit to go along with my Order and one of the questions is about pending litigation or claims.

What is the legal definition of “pending”? My ex filed a Motion to Modify Visitation some months ago, but has not requested a hearing be set. The Clerk of Courts said it would just sit there unless he requested a hearing and people file Motions all the time without scheduling anything. If filing a Motion means litigation is “pending”, can it be pending indefinitely just because he never bothered to schedule a hearing?


#2

The motion is technically pending as it has been filed. I would take care to explain to the clerk that in North Carolina, motions practice is different in that they must be scheduled and are not automatically placed before the judge unless the matter is scheduled.