In nc if a summary judgment motion is sent with no hearing date set, how long do u have to respond to the summary motion?

You may want to consult with an attorney to discuss this. However, the pertinent rule is Rule 56 of the North Carolina Rules of Civil Procedure, which can be found using this link: http://www.ncga.state.nc.us/EnactedLegislation/... Good luck. -Jay Mills

You should expect a calendar request in the mail for a certain session of court. If you never receive this at least 10 days before the hearing, you have no worries. BUT!!!! you need to respond to the motion by showing that you have evidence available to you that shows that you have a dispute for every allegation and claim that the other side has. Go ahead and file this as a brief with the Trial Court Administrator. Also, you have to serve this to the other side as well. Like above - you really need an attorney to get this done properly. Best of Luck!!

Sometimes the court doesn't let you call to reserve a hearing date and requires you to file the motion without a hearing date and then the clerk sets a hearing date when they get the papers and send notice to the parties. CA Riverside County Superior court does this, for example. In that case, the deadlines for oppositions and replies can't be calculated until the court sends notice of the hearing date, and if the court is this backlogged, there will be plenty of time to file an opposition because the hearing will be so far into the future. A summary judgment can end the case against you in the plaintiff's favor without a trial, so this is your last chance to hire a lawyer to defend yourself. Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.