I have a child custody and property distribution complaint (civil complaint) that I need to respond to within 30 days (my 30 days on the original complaint is up on the 13th of June). I am currently residing out of the state and need to file an extension for an enlargement of time under Rule 6 because I haven’t been able to successfully coordinate and secure legal representation in the NC county to which I need to file my answer - despite efforts thus far. The distance and other factors regarding my work/business have precluded me from getting an attorney at this point.
I’ve prepared a motion for a 30 day extension of time under Rule 6 and want to know if I can just mail it with a certification of service…or do I have to physically take it to the clerk of court? and it’s my impression that the clerk will usually always grant an extension out of courtesy…is this true? I want to make sure I’m not wasting my time doing this if they’re not going to extend me the courtesy…I’ll instead need to get this complaint answered quickly…
I also understand that the plaintiff’s attorney will sometimes grant an extension out common courtesy…but I’m not going down that road, if I can get the clerk of court to grant it.
related question…is it true that I don’t need to send a copy of my request for an extension to her attorney? or should I out of courtesy?
also, one other thing…does the 30 day response time “reset itself” if my wife’s attorney sent me an amended complaint a couple of weeks subsequent to the original? does it reset to the filing date of the amended complaint.
I just want to get this extension of time so I can get down to NC, get an attorney and get these matters addressed properly…
would appreciate your response. thanks.