Timing of Filing

On May 15 2017 The Court Heard my Motion to Hear New Post Trial Evidence, in which I am asking for a reversal of determination for legal custody and many alternative requests. It granted my Motion and scheduled a half-day hearing on June 28 2017.

On May 16 2017 The Court heard my Motion for Contempt, which was dismissed without prejudice due to legal technicalities relating to the active/inactive status of the temp to permanent custody orders.

I intend to refile this Motion for Contempt and schedule it to me heard at the same time as the New Post Trial Evidence on June 28.

How long before June 28 do I need to file the new Motion for Contempt to make sure this is an acceptable request?

NC Rules of Civil Procedure require that motions and notices of hearings on the motion be served at least five days in advance of the hearing. Local rules in your county may require additional time due to calendaring and scheduling procedures.

In any event, as long as you believe you have a valid claim for a contempt motion, it would not hurt to file and serve it on the other party now.


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

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