Regarding motions, a written motion and notice of hearing must be served not later than how many days before the hearing?

Regarding motions, a written motion and notice of hearing must be served not later than how many days before the hearing?

• A. Not later than 10 days before
• B. Not later than 7 days before
• C. Not later than 3 days before
• D. Not later than 5 days before

Answer: (D)

The timing concept being tested is how much lead time is required to serve a written motion and its notice of hearing in North Carolina practice. The rule sets a five-day minimum: a motion and its notice must be served at least five days before the hearing. This gives the other party a reasonable opportunity to prepare or respond. The five-day deadline is the default standard; the court can shorten or extend the time by order or stipulation for good cause, but absent such an order the five-day period applies.

The timing concept being tested is how much lead time is required to serve a written motion and its notice of hearing in North Carolina practice. The rule sets a five-day minimum: a motion and its notice must be served at least five days before the hearing. This gives the other party a reasonable opportunity to prepare or respond. The five-day deadline is the default standard; the court can shorten or extend the time by order or stipulation for good cause, but absent such an order the five-day period applies.