Motion for summary judgment timing


#1

I’ve been working on a DIY divorce in Mecklenburg County and have a question about filing the motion for summary judgment…here’s what’s happened thus far:

I filed the complaint on October 15, 2013.
I had the summons and complaint delivered via certified mail to my wife’s work address. (She made it clear that she wouldn’t sign anything.) One of her co-workers signed for the documents on October 18, 2013. I was assured that this signature was adequate, and filed an affidavit of service.
After the requisite waiting period, I filed a motion for summary judgment and had the divorce calendared for the week of 12/9/13.

I didn’t get a decree in the mail, so I went to the clerk’s office and asked to see my file. There was an order denying the motion and a note stating that the affidavit didn’t identify who signed for the documents. On the clerk’s office’s advice, I wrote a note explaining who the person was, filed it, and filed another motion for summary judgment, which was calendared for the week of 1/6/14. I checked back at the clerk’s office on 1/13/14 and found an order continuing the case with a note stating that the person’s signature was insufficient to constitute service. The continuance said to re-serve the papers and file my motion again.

The clerk’s office re-issued a summons, and the sheriff’s department served my wife yesterday (1/22/14). I have two questions at this point. First, is there any reason that there would be a problem with the original complaint being from October of last year?

My second question has to do with the timing of filing my new motion. I believe that 30 days have to pass for my wife to answer the complaint. Mecklenburg County’s schedule is about two weeks out, so could I not wait two weeks and then file my motion? That way the 30 days would have passed by the time the case went in front of the judge. (My logic, at least.) The reason I’m asking is because the continuance in my file says that I have to re-calendar within 30 days (it was dated 1/10/14) or my case would be dismissed. And, of course, I’d really love to get this over with quickly.

Is there any reason this wouldn’t work?


#2

The original Complaint is fine. It is the summons that needs to be reissued as it is only “live” for 90 days. Get a new summons issued and have her re-served via Sheriff. She will have 30 days to answer from the date she is served with the new summons.