State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_6

Rule 6. Time.

(a)        Computation. – Incomputing any period of time prescribed or allowed by these rules, by order ofcourt, or by any applicable statute, including rules, orders or statutesrespecting publication of notices, the day of the act, event, default orpublication after which the designated period of time begins to run is not tobe included. The last day of the period so computed is to be included, unlessit is a Saturday, Sunday or a legal holiday when the courthouse is closed fortransactions, in which event the period runs until the end of the next daywhich is not a Saturday, Sunday, or a legal holiday when the courthouse isclosed for transactions. When the period of time prescribed or allowed is lessthan seven days, intermediate Saturdays, Sundays, and holidays shall beexcluded in the computation. A half holiday shall be considered as other daysand not as a holiday.

(b)        Enlargement. – Whenby these rules or by a notice given thereunder or by order of court an act isrequired or allowed to be done at or within a specified time, the court forcause shown may at any time in its discretion with or without motion or noticeorder the period enlarged if request therefor is made before the expiration ofthe period originally prescribed or as extended by a previous order. Uponmotion made after the expiration of the specified period, the judge may permitthe act to be done where the failure to act was the result of excusableneglect. Notwithstanding any other provisions of this rule, the parties may enterinto binding stipulations without approval of the court enlarging the time, notto exceed in the aggregate 30 days, within which an act is required or allowedto be done under these rules, provided, however, that neither the court nor theparties may extend the time for taking any action under Rules 50(b), 52, 59(b),(d), (e), 60(b), except to the extent and under the conditions stated in them.

(c)        Unaffected byexpiration of session. – The period of time provided for the doing of any actor the taking of any proceeding is not affected or limited by the continuedexistence or expiration of a session of court. The continued existence orexpiration of a session of court in no way affects the power of a court to doany act or take any proceeding, but no issue of fact shall be submitted to ajury out of session.

(d)        For motions,affidavits. – A written motion, other than one which may be heard ex parte, andnotice of the hearing thereof shall be served not later than five days beforethe time specified for the hearing, unless a different period is fixed by theserules or by order of the court. Such an order may for cause shown be made on exparte application. When a motion is supported by affidavit, the affidavit shallbe served with the motion; and except as otherwise provided in Rule 59(c),opposing affidavits shall be served at least two days before the hearing. Ifthe opposing affidavit is not served on the other parties at least two daysbefore the hearing on the motion, the court may continue the matter for areasonable period to allow the responding party to prepare a response, proceedwith the matter without considering the untimely served affidavit, or take suchother action as the ends of justice require. For the purpose of this two‑dayrequirement only, service shall mean personal delivery, facsimile transmission,or other means such that the party actually receives the affidavit within therequired time.

(e)        Additional timeafter service by mail. – Whenever a party has the right to do some act or take someproceedings within a prescribed period after the service of a notice or otherpaper upon him and the notice or paper is served upon him by mail, three daysshall be added to the prescribed period.

(f)         Additional timefor Address Confidentiality Program participants. – Whenever a personparticipating in the Address Confidentiality Program established by Chapter 15Cof the General Statutes has a legal right to act within a prescribed period of10 days or less after the service of a notice or other paper upon the programparticipant, and the notice or paper is served upon the program participant bymail, five days shall be added to the prescribed period. (1967, c. 954, s. 1; 2000‑127,s. 5; 2002‑171, s. 2; 2003‑337, s. 2.)