Waiting Period after Service Process


#1

The North Carolina Rules of Civil Procedure give a party an additional three days to file an Answer and Counterclaims if they are served by mail. However, you can file a motion for summary judgment at any point after thirty days from the date of service.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Are there different waiting periods after the service process depending upon how the Defendant was served and whether it was a Dot-It-Yourself Divorce or not?

My understanding is that from the point to which the Defendant is served say June 8th, there must be a 30-day waiting period to enable a response (if desired) from the Defendant or July 8th(40-days if by Publication). However, the Clerk of Courts in my county stated that because service was processed by Certified Mail, there are 3 additional days to the waiting period.

I cannot find anything to substantiate this.