Opposing affidavits should be served at least two days prior to the hearing.

Opposing affidavits should be served at least two days prior to the hearing.

• A. True
• B. False
• C. Only if the judge orders
• D. Not required

Answer: (A)

In North Carolina civil practice, when a motion is set for a hearing, affidavits are used to present sworn facts for or against the motion. The rules require that any affidavits filed in support of the motion or in opposition to it be served at least two days before the hearing. This ensures the other party has time to read the affidavits, prepare any counter-arguments or replies, and the judge has a complete record to consider before deciding the motion. Because this two-day notice is a standard procedural requirement, the statement is true. It isn’t something that depends on a judge’s order, and it isn’t optional or “not required.”

In North Carolina civil practice, when a motion is set for a hearing, affidavits are used to present sworn facts for or against the motion. The rules require that any affidavits filed in support of the motion or in opposition to it be served at least two days before the hearing. This ensures the other party has time to read the affidavits, prepare any counter-arguments or replies, and the judge has a complete record to consider before deciding the motion. Because this two-day notice is a standard procedural requirement, the statement is true. It isn’t something that depends on a judge’s order, and it isn’t optional or “not required.”