Understanding NC Civil Rule of Procedure 6

Question from j, Understanding NC Civil Rule of Procedure 6

Answer from AI:

Notice of Hearing and Time Computation

In North Carolina, the rules regarding notice of hearings and time computation are governed by the North Carolina Rules of Civil Procedure, specifically Rule 6. This rule outlines how to compute time periods for legal procedures, including notices for hearings.

Time Computation Under Rule 6

When calculating time periods under Rule 6, it’s important to understand how days are counted:

• Weekends and Holidays: According to Rule 6(a), when calculating a time period stated in days, you exclude the day of the event that triggers the period (in this case, the day you received the notice). You then count every day, including intermediate Saturdays, Sundays, and legal holidays. However, if the last day of the period falls on a weekend or legal holiday, the period extends to the next day that is not a weekend or holiday.
• Five-Day Notice Requirement: If a rule or court order requires a notice period of five days, you must receive the notice at least five full days before the hearing. This means that the day you receive the notice does not count, and you must have five full days in between the notice and the hearing.

Application to Your Situation

In your case, you received the notice on February 8th at 4:19 pm, and the hearing was on February 13th in the morning. Here’s how the time computation would work:

1. Exclude February 8th, the day you received the notice.
2. Count February 9th, 10th, 11th, 12th, and 13th.

Since February 13th is the day of the hearing, you would need to have received the notice by February 7th to have a full five-day notice period. Therefore, receiving the notice on February 8th does not satisfy the five-day requirement.

Legal Advice and Further Steps

If you believe that the notice period was insufficient, you may have grounds to request a continuance or challenge the hearing’s validity. However, these actions can have significant legal implications, and it’s crucial to consult with a legal professional to understand your rights and options fully.

For more detailed information, you can refer to the [North Carolina Rules of Civil Procedure](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1A.html) and consider seeking guidance from a local attorney who can provide personalized advice based on your specific circumstances.