I wasn’t notified that the extension order had been entered; I only found out about it through Frank.
It was suspicious that the order was issued the day after I filed a motion to compel an answer, yet it was entered without a hearing, without acknowledgment of my objection, and without any showing of good cause as required under Rule 6(b).
Although immediate notice of the order wasn’t required, it still violated my due process rights because the court ruled while my objection and competing motion were pending, denying me the opportunity to be heard. The order was also backdated to January 17, 2025, even though it wasn’t filed until January 24.
The motion itself was improperly filed without a required civil cover sheet, and the reason offered—vague and unsupported—does not qualify as “good cause” under established court standards.
Despite that, the order effectively rewarded opposing counsel’s improper filing. To make matters worse, Judge Hauter’s name appears on the order, but during the January 30 hearing, Judge Walczyk claimed she had approved it, indicating possible off-record judicial involvement or ex parte communication without my knowledge. The order was added into my interlocutory appeal.
G.S. 1A-1, Rule 6. Time.
(d) For motions, affidavits. – A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and except as otherwise provided in Rule 59(c), opposing affidavits shall be served at least two days before the hearing. If the opposing affidavit is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a reasonable period to allow the responding party to prepare a response, proceed with the matter without considering the untimely served affidavit, or take such other action as the ends of justice require. For the purpose of this two-day requirement only, service shall mean personal delivery, facsimile transmission, or other means such that the party actually receives the affidavit within the required time.