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Need help w/ Motion for Extension of time to Answer Plaintiff's Interrogs/Request for Admissions

 
 
Reply Sun 22 Aug, 2010 02:47 pm
I live in NC and have filled out a standard form to request an Extension of Time to File Answer. Now I need to submit a motion (I think) to get a 30 day delay to respond to the other 2 docs I just received re: Discovery. I cannot retain an attorney just yet until I liquidate some personal property. Until next month, I at least need to delay... please help. There is no standard form for the Motion for extension for Discovery docs. It's a civil case and I'm the defendant. I received the "First Set" docs in mail on 08/20.
 
joefromchicago
 
  3  
Reply Sun 22 Aug, 2010 04:19 pm
I'm guessing that you have already received an extension of time to answer the complaint, and now you need extra time to respond to the plaintiff's discovery. Rule 6(b) of the North Carolina Rules of Civil Procedure states:
Quote:

(b) Enlargement. – When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. Upon motion made after the expiration of the specified period, the judge may permit the act to be done where the failure to act was the result of excusable neglect. Notwithstanding any other provisions of this rule, the parties may enter into binding stipulations without approval of the court enlarging the time, not to exceed in the aggregate 30 days, within which an act is required or allowed to be done under these rules, provided, however, that neither the court nor the parties 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.

If the time for answering hasn't already expired, you can arrange informally with plaintiff's counsel to extend the time to respond to discovery. Otherwise, you can file a motion with the court for an extension of time. Since you haven't even responded to the complaint, I would imagine that you shouldn't have any trouble getting the extension. If the time period for answering the discovery has expired, then you need to file a motion.

A motion for extension of time should set forth:

(A) the specific number of additional days requested;
(B) the date to which the extension is to run;
(C) the extent to which the time for the performance of the particular
act has been previously extended; and
(D) the reason or reasons on which the motion is based.
danarog
 
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Reply Mon 30 Aug, 2010 07:37 pm
@joefromchicago,
I have filed my extension for the Complaint. I also have received my packet from Plaintiff with 1st set of Requests for Admissions and Discovery/Documents....due to be answered by 09/20 unless I file for an extension there too. If I haven't submitted my "Answer" to the original "Complaint", am I not allowed to send the Plaintiff and her attorney MY First Set of Request for Admissions, etc? It's going to blow her away when she sees what I've got and she may very well drop the suit. Also, is there a limit to the number of questions I can ask... like 50 maybe? Thanks! I know... I need to retain an atty, but have NO money right now. I'm spending hours in the court records room, basing my stuff on a VERY similar case going on right now... about 3 months ahead of mine. And that girl has a killer attorney. Might as well utilize her file, no?
joefromchicago
 
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Reply Thu 2 Sep, 2010 09:09 am
@danarog,
danarog wrote:
If I haven't submitted my "Answer" to the original "Complaint", am I not allowed to send the Plaintiff and her attorney MY First Set of Request for Admissions, etc?

Unless the court has entered an order setting up a discovery schedule, you can file discovery requests at any time, even if you haven't filed an answer yet.

danarog wrote:
Also, is there a limit to the number of questions I can ask... like 50 maybe?

Yes, you're limited to 50 interrogatories, unless you obtain leave of court to file additional interrogatories. NC R Civ Pro 33(a)

danarog wrote:
Might as well utilize her file, no?

Sounds like a good idea.
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