How to Ask for More Time After a Summons in North Carolina

1. Don’t ignore the summons.
   You must respond by the deadline (usually 30 days from when you were served), or you could lose the case automatically.
2. File a “Motion for Extension of Time.”
   This is a formal request asking the court for extra time to file your answer or response.
3. Write your motion.
   It can be simple. You just explain:
   • Who you are
   • That you were served with a summons
   • That you need more time to respond (usually another 30 days)
   • That you’re not trying to delay the case for no reason

1. Include a “Notice of Hearing” (if needed).
   Some counties may require you to schedule a short court hearing to review your motion. Others will just let the judge decide based on what you filed.
   If you need more time, call the Clerk of Court in your county and ask if you can file a Motion for Extension of Time—and whether your judge requires a Notice of Hearing with it. If they don’t tell you, which they might not, include a Notice of Hearing.
   
2. File the motion with the Clerk of Court.
   Go to the Clerk of Court’s office in the county where the case was filed. You’ll give them:

• Your Motion for Extension of Time
• The Notice of Hearing (if required, NOT required in Wake County)
  
• • The name of the court and county
  • The case number
  • Names of both parties (Plaintiff and Defendant)
  • The type of hearing
  • The date, time, and place of the hearing
  • A description of what motion or issue will be discussed
  • Who filed it (you or your attorney)
  • Proof that the other party was notified
  • A Certificate of Service (to show you also sent a copy to the other party)

• Send a copy to the other side.
  You must mail ( preferably certified) or hand-deliver a copy of what you filed to the plaintiff or their lawyer.
• Wait for the court’s decision.
  If your motion is granted, you’ll get a new deadline to file your answer. If it’s denied, you’ll need to meet the original deadline.

Include:

PROPOSED ORDER FOR EXTENSION OF TIME (North Carolina)

[Your County] County – General Court of Justice

District / Superior Court Division
File No.: [Insert Case Number]

[Plaintiff’s Name]
v.
[Defendant’s Name]

⚖️ PROPOSED ORDER GRANTING EXTENSION OF TIME

THIS MATTER came before the Court on the Motion for Extension of Time filed by the [☐ Plaintiff / ☐ Defendant], [Your Full Name], acting pro se.

The Court, having reviewed the Motion and finding good cause shown,

IT IS HEREBY ORDERED that the [☐ Plaintiff / ☐ Defendant] is granted an extension of time to [e.g., “file an Answer to the Complaint”], and shall have until [insert new deadline date] to do so.

SO ORDERED.

This the ___ day of _______, 20.

————————-
Name of Judge Presiding

📌 TIPS:

• Keep it simple and respectful. Avoid making arguments or adding opinions in the order.

• Use plain language. Judges appreciate clear and readable submissions.

• Be sure your motion explains why you need more time. Then attach this proposed order to it.

• File both documents with the Clerk of Court where the case is pending.