After expiration, may a judge enlarge the period if the delay was due to excusable neglect?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

After expiration, may a judge enlarge the period if the delay was due to excusable neglect?

Explanation:
A deadline can be extended after it has passed if the delay was caused by excusable neglect. In North Carolina practice, the court may enlarge the time for performing an act even after expiration when the failure to act timely results from excusable neglect, and the movant seeks relief. Excusable neglect includes things like inadvertence, miscalculation of dates, or delays beyond the party’s control, such as issues with counsel. The request is typically made by motion, and the court has discretion to grant relief based on fairness and the surrounding circumstances. There’s no requirement for stipulation or for misfiling to justify an extension.

A deadline can be extended after it has passed if the delay was caused by excusable neglect. In North Carolina practice, the court may enlarge the time for performing an act even after expiration when the failure to act timely results from excusable neglect, and the movant seeks relief. Excusable neglect includes things like inadvertence, miscalculation of dates, or delays beyond the party’s control, such as issues with counsel. The request is typically made by motion, and the court has discretion to grant relief based on fairness and the surrounding circumstances. There’s no requirement for stipulation or for misfiling to justify an extension.

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