If we agree to a continuance for settlement, can we argue our dismissal later? | NC скачать в хорошем качестве

If we agree to a continuance for settlement, can we argue our dismissal later? | NC

Q: If we agree to a continuance to pursue settlement, do we lose the ability to renew or argue our motion to dismiss later? A: Usually, no—agreeing to continue a hearing so everyone can exchange information and explore settlement typically does not waive a motion to dismiss that you already filed. A continuance usually just changes the hearing date—it does not decide the motion and it does not withdraw it. The real risk is paperwork or conduct that makes it look like you abandoned the motion. The safest move is to put the continuance in writing and make sure it clearly says the motion to dismiss remains pending and will be reset for hearing if the case does not settle. Also be careful that a so-called continuance order does not include any substantive rulings, because that can narrow issues and may even start short appeal deadlines in special proceedings. If settlement talks fail, promptly ask to re-calendar the motion to dismiss and confirm whether it will be heard first or along with other partition issues. Partition Action — North Carolina Law 0:21 How to preserve the motion in the continuance paperwork 0:46 Pitfalls: abandonment, substantive consent orders, timing to re-calendar Read the full article: https://piercelaw.com/news/partition-... Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.