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Changes to Business Court Rules Eliminate 3-day extension of Time to Respond to Electronically Served Documents

Under the previous North Carolina Business Court Rule 3 (BCR 3), service by email or through the Business Court’s electronic filing system was treated the same as service by postal mail under North Carolina Rule of Civil Procedure 6(e), meaning respondents automatically had 3 additional days to respond.

Effective October 13, 2020, however, the Business Court amended its rules, and pleadings served electronically no longer allow for those 3 extra days. For all deadlines on or after October 13, everyone who is served electronically must submit responses within the original time period prescribed without those 3 extra days.

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